Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Case Laws Income Tax
    Article 8 of the India-UK DTAA and Taxability of Ground Handling and Engineering Service Receipts
    Cancellation of GST Registration for Continuous Non-Filing of Returns under Section 29 and Rule 22
    Finality of Approved Resolution Plans and Extinguishment of Pending Operational-Creditor Claims unde...
    Case Laws Customs
    Interest on Refund of Amounts Deposited under Protest during Customs Investigation
    Case Laws Indian Laws
    Admitted Cheque Signature and Presumption of Legally Enforceable Debt under Sections 118 and 139 of ...
    Case Laws Customs
    Principal Function, Network Capability and Customs Classification of Composite Electronic Devices (G...
    Case Laws Income Tax
    Enhanced Tax Rate Under Section 115BBE for Financial Year 2016-17: Classification of Unexplained Inc...
    Case Laws Income Tax
    Retrenchment Compensation under Section 10(10B) and Leave Encashment Exemption under Section 10(10AA...
    Case Laws Income Tax
    Renewal of Registration under Section 12AB for Charitable Hospitals Engaged in Medical Relief: Retro...
    Contractual Reimbursement of Incremental GST on Works Contracts and the Statutory-Contractual Divide
    Case Laws Customs
    Waiver of Late Fee on Supplementary Bills of Entry under Section 46(3) of the Customs Act, 1962: Exc...
    Detention and Confiscation of Inter-State Consignments: Territorial Limits on State GST Officers - J...
    Common Show Cause Notices across Multiple Financial Years: Scope of Sections 73 and 74 and Limitatio...
    Input Tax Credit Eligibility under the CGST Act: Supplier Tax Non-Payment and Recipient ITC Claims: ...
    Actionable Claims, Contingent Winnings and Gross Valuation in GST on Gaming Transactions
    Invocation of Extended Limitation under Section 74 of the CGST Act: Foundational Facts, Prima Facie ...
    Assignment of Leasehold Rights in Industrial Plots under the CGST Act: Distinguishing Lease Services...
    Service of GST Show Cause Notices and Orders through the Common Portal: Validity of Service, Hearing...
    News GST
    Bill-To Ship-To E-Way Bill Compliance, Portal Closure and Transit Controls: GST E-Way Bills: Rule 13...
    E-Way Bill Requirements Under Rule 138: GST E-Way Bill Framework for Movement of Goods, Transit Docu...
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Case Laws Income Tax
Show AI Summary
Article 8 treaty protection excludes independent third-party ground handling and engineering receipts lacking a direct transportation nexus.
Article 8 of the India-UK DTAA confines protection to profits derived from treaty-defined international aircraft operations and qualifying participation in air-transport pools. Engineering and ground-handling services supplied to other airlines are independently organised commercial services where they lack a direct nexus to the enterprise's own international transportation. A qualifying pool requires substantive evidence of its legal and commercial structure, including reciprocal arrangements and settlement mechanisms; industry arrangements or aviation-sector relevance alone are insufficient.
Case Laws GST
Show AI Summary
GST registration cancellation for return default remains reversible only through complete, time-bound filing and payment compliance.
GST registration may be cancelled for continuous non-filing of returns, but cancellation does not discharge pre-cancellation tax liabilities. Before cancellation, Rule 22(4) requires proceedings to be dropped where the taxpayer files all pending returns and pays tax, interest and late fee. Post-cancellation revocation under Rule 23 is a separate mechanism requiring complete filing and payment compliance within the applicable time limits. Conditional restoration may be appropriate where liabilities are fully regularised, while absence of fraud does not excuse default or replace statutory compliance.
Case Laws IBC
Show AI Summary
Resolution-plan finality extinguishes unresolved operational-creditor proceedings unless the plan expressly preserves liability and payment rights.
Finality of an approved resolution plan fixes the treatment of corporate-debtor liabilities and binds creditors within the corporate insolvency resolution process. A disputed or unadjudicated right to payment may be submitted as a claim during CIRP, but does not independently preserve civil or arbitral proceedings after plan approval. Where the final claims list and the plan provide for discharge of pre-effective-date liabilities and extinguishment of related proceedings, unresolved operational-creditor claims survive only if the plan expressly preserves them through a defined payment or reservation mechanism.
Case Laws Customs
Show AI Summary
Investigation deposits: refund interest may differ from statutory appellate pre-deposit interest when the underlying demand fails.
Interest on the refund of amounts deposited under protest during a customs investigation depends on the legal character of the payment, rather than its later appropriation towards a differential-duty demand. An amount paid pending investigation does not become a statutory appellate pre-deposit merely because part of the overall payment is treated as a pre-deposit for appeal purposes. The rate fixed at 6% for Section 129EE is confined to amounts deposited under Section 129E, while an investigation deposit requires assessment under the applicable refund framework and binding jurisdictional precedent.
Case Laws Indian Laws
Show AI Summary
Admitted cheque signatures trigger presumptions of consideration and enforceable debt, requiring evidence-based probable defences in dishonour proceedings.
Once execution of a cheque is admitted or proved, consideration must be presumed and the holder must be presumed to have received the cheque towards discharge, wholly or partly, of a legally enforceable debt or other liability. The drawer may rebut these presumptions on a preponderance of probabilities, but the defence must have a factual foundation. Bare denials, unsupported misuse allegations, and blank-cheque or security-cheque assertions ordinarily do not displace the presumptions. Financial capacity becomes material only upon a credible, specific, and evidence-based challenge.
Case Laws Customs
Show AI Summary
Bluetooth headset classification turns on active wireless network communication, not audio form, when determining principal function and essential character.
Bluetooth-enabled personal audio devices are classified by objective technical function rather than wearable form, product label, audio output or microphone. Heading 8517 applies where Bluetooth capability makes the device an active wireless-network apparatus that receives, converts and transmits voice or data; heading 8518 covers ordinary headphones or earphones carrying only audio signals. Classification begins with the heading terms and relevant notes, with essential character and principal function applied only through the sequential General Rules where competing headings remain.
Case Laws Income Tax
Show AI Summary
Unexplained-income taxation requires valid deeming classification, while enhanced special rates apply prospectively under the stated effective-date framework.
Section 115BBE applies only where income is validly assessed under the deeming provisions for unexplained income; a surrender, disclosure or addition alone is insufficient. The assessing authority must identify the relevant provision and reject the explanation of nature and source where required. The special computation denies deductions, allowances and loss set-off against qualifying income. The Rajasthan High Court treated the enhanced rate introduced with effect from 1 April 2017 as prospective, preserving the earlier rate for financial year 2016-17. Penalty under section 271AAC depends on a valid section 115BBE determination.
Case Laws Income Tax
Show AI Summary
Substance-over-form treatment of VRS compensation can place retrenchment-linked payments within the distinct full-exemption framework for approved workforce reduction schemes.
Tax treatment of VRS-labelled separation payments depends on their substantive character. Payments connected with Government-supported workforce restructuring may qualify as retrenchment compensation under section 10(10B), rather than as voluntary-retirement compensation under section 10(10C), where the special-protection requirements are satisfied. Leave encashment must be examined separately under section 10(10AA), according to employee status and the applicable conditions or notified limit. Settlement components should be segregated and supported by scheme documents, approvals, computations, and tax records.
Case Laws Income Tax
Show AI Summary
Charitable hospital renewal depends on genuine medical relief, charitable application of income, and material regulatory compliance.
Renewal of section 12AB registration for a charitable hospital depends on genuine activities in furtherance of medical relief, application of income and assets to charitable objects, and compliance with other laws only where material to those objects. Receipts, premium facilities, tariff differentials, sophisticated infrastructure and professional management do not alone negate charitable status. Other-law non-compliance requires attention to the specified-violation framework and competent regulatory determinations. Retrospective cancellation is distinct from refusing renewal and requires an independent statutory and factual foundation, with reasonable opportunity of hearing.
Case Laws GST
Show AI Summary
Contractual GST reimbursement in works contracts depends on tax-risk clauses and cannot alter statutory compliance obligations.
GST liability for a works contractor is governed by statute, while reimbursement of incremental GST from an employer depends on the contract's allocation of tax risk. An inclusive-tax clause must be read with change-in-law, price-adjustment, tender and amendment terms. Contract-wise reconciliation of pre-transition and post-transition work may support a supplementary agreement and revised GST-inclusive value where contractual entitlement exists. It cannot alter statutory valuation, return, limitation, interest or penalty requirements, which remain governed by GST law.
Case Laws Customs
Show AI Summary
Sufficient cause for delayed supplementary Bills of Entry requires a reasoned waiver assessment, not automatic system-generated late charges.
Late-presentation charges under Section 46(3) require the proper officer to be satisfied that no sufficient cause existed for delayed filing. Regulation 4(3) prescribes the late-charge framework and permits waiver where the reasons for delay are satisfactory. A delayed supplementary Bill of Entry for excess cargo is not automatically liable or automatically exempt; the assessment depends on timely original filing, linkage of the excess cargo to the same consignment, prompt amendment efforts, absence of importer fault, bona fides and duty compliance. Electronic calculation cannot substitute for a reasoned determination on sufficient cause.
Case Laws GST
Show AI Summary
Territorial GST jurisdiction limits detention and confiscation of inter-State consignments when the intercepting State lacks fiscal nexus.
Physical presence of goods in an intermediate State therefore does not alone create authority to detain, seize, penalise or confiscate. Cross-empowerment is functional and taxpayer-linked, preserving the single-interface administrative structure without creating geographically unlimited enforcement power. Where verification establishes that both origin and destination lie outside the intercepting State, the officer may verify documents, identify and record apparent discrepancies, and communicate them to the proper officers of the consignor and consignee, but lacks coercive jurisdiction over a pure transit supply.
Case Laws GST
Show AI Summary
Consolidated GST show cause notices may cover multiple financial years, while each demand component remains independently subject to limitation.
Sections 73 and 74 do not expressly bar a common show cause notice covering multiple tax periods or financial years. The expressions "for any period" and "such periods" support consolidation, while financial-year references in the limitation provisions govern the deadline for adjudication orders rather than the scope of notice issuance. Each component demand must independently satisfy applicable limitation requirements. Section 74 requires disclosed material supporting fraud, wilful misstatement, or suppression of facts to evade tax; its extended limitation is not automatic.
Case Laws GST
Show AI Summary
Supplier tax payment remains a substantive input tax credit condition, requiring reversal and allowing re-availment after compliance.
Section 16(2)(c) of the CGST Act makes actual payment of tax to the Government a substantive condition for input tax credit. The conditions under Section 16(2) operate cumulatively, and invoice reflection, receipt of supplies, or supplier return filing do not independently establish tax payment. Section 41 requires reversal of credit where the supplier has not paid tax, with re-availment allowed after payment. Rule 37A prescribes reversal and re-availment where the supplier fails to furnish the corresponding GSTR-3B within the prescribed period.
Case Laws GST
Show AI Summary
GST valuation of stake-based gaming treats committed stakes as consideration for taxable actionable claims, irrespective of skill.
GST on stake-based gaming applies to the supply of actionable claims where money or money's worth is committed to an uncertain outcome in an organised betting or gambling arrangement. Skill in the underlying game does not remove the stake-based character of the transaction. Participants acquire contingent beneficial interests in pooled movable property, and committed stakes become consideration for participation. The platform is the supplier where it controls pooling, participation, gameplay and payouts. Gross stake valuation applies unless a statutory deduction is authorised, with specialised valuation mechanisms governing online gaming and casinos.
Case Laws GST
Show AI Summary
Extended GST limitation requires disclosed prima facie material linking tax shortfall to fraud, wilful misstatement, or suppression.
Section 74 permits extended GST limitation only where available material supports a rational prima facie view that a tax shortfall, erroneous refund or wrongful credit arose by reason of fraud, wilful misstatement or suppression of facts to evade tax. Final proof is not required at initiation, but suspicion or bare statutory labels are insufficient. Prior scrutiny, audit, inspection or pre-notice communications may provide the factual foundation if actually communicated and linked to the notice. The notice and final order must preserve fair opportunity, disclose the material basis, and remain within the grounds stated.
Case Laws GST
Show AI Summary
Complete assignment of industrial leasehold rights can fall outside GST when it transfers the entire proprietary estate.
A complete assignment of an industrial lessee's entire leasehold interest, together with the building on the plot, is distinguished from leasing, renting, or sub-leasing. Where the assignor retains no reversionary interest or continuing right to earn rent, the consideration is for transfer of proprietary rights constituting benefits arising out of land. Schedule II classification of an original lease as a service does not govern the subsequent absolute assignment. Section 7(2), read with Schedule III, excludes a qualifying transfer of immovable-property benefits from the scope of supply.
Case Laws GST
Show AI Summary
Common Portal service requires effective access to complete GST notices and orders, preserving hearing rights and appellate limitation.
GST service through the Common Portal is an express statutory mode, but portal availability must be distinguished from effective service of an adjudicatory communication. Rule 142 preserves the distinction between a substantive show cause notice or order and its electronic summary in FORM GST DRC-01 or DRC-07. Electronic summaries do not, without more, demonstrate communication of complete allegations, grounds, facts and reasons. Portal-based service must be assessed by statutory compliance, accessibility of the complete communication, and the taxpayer's real opportunity to respond, particularly where appellate limitation is involved.
News GST
Show AI Summary
E-way bill compliance strengthens traceability through Ship-To GSTIN capture, voluntary closure, and disciplined transit controls.
Rule 138 and Rule 138A require pre-movement e-way bill generation, carriage of the prescribed invoice or challan documents, and distance-based validity, with cancellation confined to cases where goods are not transported as declared. The portal advisory adds mandatory Ship-To GSTIN capture in Bill-To/Ship-To transactions and a voluntary post-delivery closure facility, while circular guidance treats transporter godowns as an additional place of business when declared by the recipient. Enforcement under Section 129 and Section 130 distinguishes detention for transit contravention from confiscation linked to intent to evade tax, and minor e-way bill defects are described as technical lapses rather than automatic proof of evasion.
Act Rules GST
Show AI Summary
E-way bill compliance under GST rules governs prior movement information, transit documents, validity, cancellation, and special goods regimes.
Rule 138 of the Central Goods and Services Tax Rules, 2017 governs the e-way bill system for movement of goods and requires prior electronic information before movement begins in specified cases, generally where consignment value exceeds fifty thousand rupees. The rule allocates responsibility for Part A and Part B of FORM GST EWB-01 among registered persons, authorised transporters, e-commerce operators, courier agencies and fallback transporters, while also covering special cases such as job work, handicraft goods, consolidated movement and transport by road, rail, air or vessel. Rule 138A specifies the documents that must accompany the conveyance, Rule 138 provides validity, cancellation and exemption rules, and Rule 138F creates a special intra-State regime for notified precious goods.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Showing Results for : Reset Filters

Comparison of section 294 "Procedure for block assessment." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

10 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

Section 294 Procedure for block assessment

Income-tax Act, 2025

At a Glance

The document is Clause 294 of the Income Tax Bill, 2025 (Old Version): a proposed special procedure for block assessment in search/requisition cases. It matters because it prescribes the notice, return and consequential assessment procedure in high-risk search cases, affecting taxpayers subject to searches and the assessing authority. Who is affected: taxpayers subject to search/ requisition and the Income-tax Department. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 294, Income Tax Bill, 2025 (Old Version). Context: procedure to be followed where a search has been initiated or requisition made. Coverage: issuance of notice requiring a return for the block period, treatment of such return, procedural cross-references for assessment and penalties, treatment of seized/requisitioned assets, and prior approval before issuing notice. Definitions or further explanations: Not stated in the document.

Statutory Provision Mode

Text & Scope

  • Clause 294 addresses situations where a search is initiated or requisition made. The Assessing Officer (AO) must issue a notice requiring the person to furnish, within the period specified (not exceeding sixty days), a return "in the form and verified in the manner, as prescribed," setting forth the total income, including undisclosed income, for the block period. The return is to be treated as if furnished u/s 263 and thereafter a notice u/s 270(8) shall be issued. Returns furnished beyond the period are declared not to be returns u/s 259. No notice u/s 280 is required. A person who furnishes such return is not entitled to file a revised return.
  • The AO shall proceed to determine the total income including the undisclosed income for the block period per section 293, and specified provisions (sections 268, 270(8), 270(10), 271, 276, 287 and 288) shall, so far as may be, apply. On such determination, the AO shall pass an order of assessment or reassessment and determine tax payable, with the proviso that section 275 shall not apply; additionally, where the order is made pursuant to section 295, the block period for that assessment shall be the same as that determined in respect of the person in whose case the search was initiated. Assets seized u/s 247 or requisitioned u/s 248 shall be dealt with per section 250. Section 270(1) shall not apply to the return furnished under this section. Prior approval of senior specified officers is required before issuing the notice.

Interpretation

Legislative intent as indicated by the text: to create a distinct, expedited procedure for block assessment following searches/requisitions, by compelling a targeted return within a strict timeframe, limiting revision rights, and specifying which procedural and penal provisions apply. The treatment of such returns "as if" u/s 263 suggests an intent to subject such returns to a particular return regime while ensuring downstream procedure u/s 270(8). The prohibition on revision and on section 270(1) suggests an intent to fix the record and limit post-disclosure tinkering. The requirement for prior supervisory approval indicates a policy of internal checks before initiating the block return procedure.

Exceptions/Provisos

Carve-outs and conditions in the Clause: (i) Section 275 does not apply to orders passed under this Clause; (ii) where assessment/reassessment is u/s 295, block period alignment rule applies (Bill only); (iii) returns filed after the specified period are not deemed returns u/s 259; (iv) section 270(1) does not apply to such returns. Additional procedural limitations: no revised return permitted; no section 280 notice required. Any thresholds, time limits beyond the sixty-day specification: Not stated in the document beyond the sixty-day maximum and the immediate treatment described.

Illustrations

  • Example 1: A search of A's premises leads the AO to issue a clause 294 notice requiring a return within sixty days setting out A's total income including undisclosed income for the block period; A files the return on day 45. The AO treats the return as if u/s 263 and issues notice u/s 270(8) and proceeds under the specified sections to determine tax. (Consistent with text.)
  • Example 2: B files a return in response to a clause 294 notice after the sixty-day period. Under the Clause, that late return "shall not be deemed to be a return u/s 259" (textual provision), and thus would be excluded from the returns regime referenced. (Consistent with text.)
  • Example 3: C is assessed pursuant to section 295 as part of connected proceedings initiated by a search in D's case; the AO sets the block period for C to be the same as for D. (Consistent with clause (c)(ii) in the Bill.)

Interplay

Interaction with other sections mentioned: the Clause expressly imports section 263 procedures for deeming the return, requires issuance of notice u/s 270(8), and prescribes that several other specified sections "shall, so far as may be, apply" (268, 270(8), 270(10), 271, 276, 287, 288). The Clause excludes application of section 275 to resulting orders and excludes section 270(1) from application to the special return. The Clause further references sections 247, 248 and 250 for treatment of seized/requisitioned assets and section 295 for block-period alignment. Any rules, notifications or circulars beyond these sections: Not stated in the document.

Differences between the two provisions and practical impact of each change

  • Content of the return required: The Bill (Clause 294 - Old Version) requires the assessee to furnish "a return ... setting forth his total income, including the undisclosed income, for the block period." The Act (Section 294) requires a return "setting forth his undisclosed income, for the block period."
    • Practical impact: The Bill's wording would have required a composite disclosure of total income plus undisclosed income, potentially generating fuller self-contained disclosures for assessment. The Act narrows the disclosure requirement to undisclosed income only, which may limit the scope of what the assessee must put on record via the special return and could shift emphasis to determination of undisclosed amounts by the AO using other material.
  • Provision for extension (30 days) and conditional grounds: The Act contains an express sub-clause permitting a further extension of 30 days where four specific conditions (A-D) are satisfied (relating to due date not having expired, audit liability u/s 63, accounts not audited, and written request for extension to get accounts audited). The Bill does not contain this extension provision.
    • Practical impact: The Act's explicit extension mechanism gives assessees an administrative safeguard to arrange an audit and furnish audited accounts, reducing risk of procedural non-compliance. The absence of this in the Bill would have imposed a stricter sixty-day deadline with no specified statutory extension, increasing compliance pressure and potential disputes over timeliness.
  • Cross-references to other sections (applicable provisions): The Bill lists the provisions to be applied "so far as may be" as sections 268, 270(8), 270(10), 271, 276, 287 and 288. The Act lists sections 268, 270(8), 270(10), 271, 276, 277 and 278.
    • Practical impact: Different cross-references change which penalty, prosecution or procedural provisions are available. The Bill's inclusion of sections 287 and 288 (and omission of 277/278) would have applied different penal/process provisions than the Act's choice of 277 and 278. This affects potential penalties, prosecution exposure, and consequential procedural steps; taxpayers and authorities will need to re-evaluate the risk/relief profile as per the final list.
  • Returns filed beyond the time allowed - cross-reference discrepancy: The Bill states that any return beyond the period "shall not be deemed to be a return u/s 259" (anomalous reference). The Act states that any return beyond the period "shall not be deemed to be a return u/s 263."
    • Practical impact: The Bill appears to contain an incorrect cross-reference (section 259) which would create ambiguity and possible challenge; the Act corrects this to section 263. The correct cross-reference determines which statutory regime governs validity of late returns in search/block cases, hence critical to procedural consequences.
  • Additional provision in Bill regarding block period alignment where order pursuant to section 295: The Bill contains an additional sub-clause (c)(ii) providing that where assessment/reassessment is made pursuant to section 295, "the block period for such assessment or reassessment shall be the same as that determined in respect of the person in whose case search was initiated..." The Act lacks an equivalent clause.
    • Practical impact: The Bill's clause would have ensured synchronized block periods across related assessments triggered by the same search, clarifying temporal reach of linked proceedings. Its omission in the Act leaves uncertainty whether block periods in consequential proceedings automatically mirror the original searched person's block period; this may affect limitations and taxable periods in follow-on assessments.
  • Minor language and chapter/part references: The Bill refers to "as prescribed" and to proceedings "under this Chapter"; the Act uses "as may be prescribed" and "under this part."
    • Practical impact: Largely stylistic; however, "as may be prescribed" can be read as preserved legislative discretion. The chapter/part wording difference is terminological and unlikely to have substantive legal effect but should be noted for drafting clarity.
  • Common features preserved: Both versions require prior approval of an Additional Commissioner/Additional Director/Joint Commissioner/Joint Director before issuance of the notice; both disallow revision of a return filed under the provision; both state no notice u/s 280 is required for proceeding.
    • Practical impact: These consistent elements preserve administrative checks and constrain assessee's ability to revise disclosures made under the special procedure.

Practical Implications

  • Compliance risks: Filing within the sixty-day window is mandatory; late filings are expressly rendered not to be returns under the cross-referenced provision (section 259 in the Bill), exposing taxpayers to adverse procedural consequences. The inability to file revised returns increases the stakes of initial disclosure entries.
  • Record-keeping: Taxpayers facing search/requisition should be prepared to compile and submit a full return of total income and undisclosed income for the block period within sixty days, along with supporting documents. Maintenance of contemporaneous books and auditable records will be crucial.
  • Audit/assessment strategy: The AO will apply the specified sections to determine undisclosed income, and the exclusion of section 275 indicates penalties under that section will not attach to these orders, though other penalties/prosecutions under the listed sections may apply.
  • Approval requirement: Prior approval by senior officers before issuing the notice imposes an internal control in the Department's process; taxpayers should monitor exercise of that supervisory check.
  • Interconnected assessments: Whether block periods of consequential assessments must align (per clause (c)(ii)) may affect limitation and evidence strategies in linked cases; practitioners should note the Bill's explicit alignment provision.

Key Takeaways

  • Clause 294 prescribes a targeted return procedure in search/requisition cases with a strict sixty-day deadline and no right to revise the return.
  • The return is to be treated "as if" u/s 263 and triggers a notice u/s 270(8); section 270(1) does not apply.
  • Certain penal/procedural sections are specified to apply "so far as may be" (268, 270(8), 270(10), 271, 276, 287, 288), while section 275 is excluded.
  • Clause contains a special alignment rule for block periods where assessment follows section 295.
  • Seized or requisitioned assets are to be dealt with u/s 250; prior approval of senior officers is required before issuing the notice.
  • The Bill's reference to section 259 for late returns appears anomalous and would create ambiguity in application.
  • Practical compliance: rapid assembly of records, attention to timelines, and careful drafting of the initial return are essential.

Full Text:

Section 294 Procedure for block assessment

Topics

Acts Income Tax