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
    Act Rules Income Tax
    Comparison of Section 200 "Tax on income of certain domestic companies." between the Income-Tax Act,...
    Act Rules Income Tax
    Comparison of Section 199 "Tax on income of certain manufacturing domestic companies." between the I...
    Act Rules Income Tax
    Comparison of Section 197 "Tax on long-term capital gains." between the Income-Tax Act, 2025 (as pas...
    Act Rules Income Tax
    Comparison of Section 193 "Tax on income from Global Depository Receipts purchased in foreign curren...
    Act Rules Income Tax
    Comparison of Section 187 "Acceptance of payment through prescribed electronic modes." between the I...
    Act Rules Income Tax
    Comparison of Section 175 "Avoidance of tax by certain transactions in securities." between the Inco...
    Act Rules Income Tax
    Comparison of Section 166 "Reference to Transfer Pricing Officer." between the Income-Tax Act, 2025 ...
    Act Rules Income Tax
    Comparison of Section 165 "Determination of arm's length price." between the Income-Tax Act, 2025 (a...
    Act Rules Income Tax
    Comparison of Section 164 "Meaning of specified domestic transaction." between the Income-Tax Act, 2...
    Act Rules Income Tax
    Comparison of Section 162 "Meaning of associated enterprise." between the Income-Tax Act, 2025 (as p...
    Act Rules Income Tax
    Comparison of Section 156 "Rebate of income-tax in case of certain individuals." between the Income-...
    Act Rules Income Tax
    Comparison of Section 153 "Deduction for interest on deposits." between the Income-Tax Act, 2025 (as...
    Act Rules Income Tax
    Comparison of Section 150 "Interpretation for purposes of section 149." between the Income-Tax Act, ...
    Act Rules Income Tax
    Comparison of Section 149 "Deduction in respect of income of co-operative societies." between the In...
    Act Rules Income Tax
    Comparison of Section 143 "Special provisions in respect of certain undertakings in North-Eastern St...
    Act Rules Income Tax
    Comparison of Section 135 "Deduction in respect of certain donations for scientific research or rura...
    Act Rules Income Tax
    Comparison of Section 124 "Deduction in respect of employer and assessee contribution to pension sch...
    Act Rules Income Tax
    Comparison of Section 119 "Carry forward and set off of losses not permissible in certain cases." be...
    Act Rules Income Tax
    Comparison of Section 118 "Carry forward and set off of losses and unabsorbed depreciation in busine...
    Act Rules Income Tax
    Comparison of Section 115 "Set off and carry forward of losses from specified activity." between the...
❯❯
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
Act Rules Income Tax
Show AI Summary
Optional concessional tax regime: companies forgo specified deductions to access a lower flat tax rate, with strict irrevocable election rules.
An optional concessional tax regime permits a domestic company to elect a lower flat rate if it forgoes specified deductions and certain carry-forward reliefs; losses and unabsorbed depreciation attributable to excluded deductions cannot be set off and are deemed given full effect. The election must be made in a prescribed manner by the return due date, is irrevocable and applies to subsequent years, with failure to meet requirements invalidating the option. IFSC Units receive a limited modification preserving certain deductions subject to that provision's conditions.
Act Rules Income Tax
Show AI Summary
Concessional tax rate for qualifying manufacturing companies restricted by disallowed deductions and binding election requirement.
An elective regime permits a domestic company incorporated on or after 1 March 2016 and engaged solely in manufacture/production (including related research and distribution) to compute tax at a flat 25% rate if it validly exercises the option in the prescribed manner. The option excludes specified deductions (notably sections 45(2), 47(1)(b), most of Chapter VIII-C except section 146, and sections in section 205(1)(a)-(g)) and bars set-off of earlier losses attributable to those deductions; the provision contains a non-obstante clause while preserving interplay with specified Parts and sections.
Act Rules Income Tax
Show AI Summary
Long-term capital gains tax restructured: LTCG segregated and taxed separately while preserving basic exemption and transitional relief.
Clause 197 prescribes segregation of long-term capital gains from other income, taxing non-LTCG income under the normal progressive regime while subjecting LTCG to a separate rate; resident individuals/HUFs may reduce LTCG to preserve the basic exemption to the extent reduced total income falls short of that threshold. A transitional relief for resident individual/HUF transfers of land or building acquired before a specified cutoff requires dual computation-new LTCG method versus an indexed-cost prior-rate computation-and ignores any excess new-regime tax up to the calculated difference. The enacted Act adds a carve-out for non-resident/foreign-company disposals of unlisted or private-company shares excluding section 72(6) set-off.
Act Rules Income Tax
Show AI Summary
Tax on GDR income segregates dividend and long term gain streams, taxes them at specified concessional rates.
The provision creates a special tax regime for resident employees of specified knowledge based companies (or their subsidiaries) who receive GDR linked income acquired in foreign currency: dividends on qualifying GDRs are taxed at a prescribed concessional rate, long term capital gains on transfer of such GDRs are taxed at a separate prescribed concessional rate, and the balance of the individual's income is taxed at prevailing rates. GDR income is excluded from gross total income for computing deductions, sole GDR dividend income precludes other deductions, and section 72(6) does not apply to these LTCG computations.
Act Rules Income Tax
Show AI Summary
Electronic payment acceptance requirement mandates prescribed digital channels for businesses and professions exceeding the turnover threshold.
The Act mandates that every person carrying on business or profession whose total sales, turnover or gross receipts exceed the turnover threshold in the immediately preceding tax year shall provide facilities to accept payments through prescribed electronic modes in addition to any other electronic modes offered, with specific modes and operational details to be specified by subordinate legislation.
Act Rules Income Tax
Show AI Summary
Deeming rule for dividends: economic owner taxed where transfers separate entitlement from legal receipt.
Section 175 deeming rule attributes interest and dividends to the original owner or beneficial holder when securities transactions separate economic entitlement from legal receipt, applies on day to day accrual where beneficial interest existed during a year, operates irrespective of other charging provisions, allows the Assessing Officer to require ownership details, and includes a business of dealing carve out and short term record date anti arbitrage rules that ignore specified losses and adjust cost of additional securities.
Act Rules Income Tax
Show AI Summary
Reference to Transfer Pricing Officer centralises arm's length price determination, binding assessments and enabling validated multi year application.
An Assessing Officer, with prior supervisory approval, may refer determination of the arm's length price for international or specified domestic transactions to a designated Transfer Pricing Officer who issues a written order after notice and hearing; that TPO order is binding on the Assessing Officer for computing total income, and an opt in permits validated application of the TPO's determination to the two immediately following tax years subject to prescribed conditions and recomputation procedures.
Act Rules Income Tax
Show AI Summary
Arm's length price determination allows limited acceptance of actual transaction price; AO may redetermine ALP after show-cause.
Arm's length price must be determined using specified transfer pricing methods or other Board prescribed methods, selecting the most appropriate method based on transaction nature, functions and prescribed factors. If a single method yields one price that price governs; a notified tolerance permits acceptance of the actual transaction price in specified cases. The Assessing Officer may determine the arm's length price during assessment where documentation, reliability, or compliance with notice requirements is deficient, but must first give the taxpayer a show cause notice before recomputing total income on that basis.
Act Rules Income Tax
Show AI Summary
Specified domestic transaction definition narrows domestic related party scope and imposes an aggregate threshold triggering special anti avoidance rules.
Section 164 defines specified domestic transaction for the Chapter on avoidance of tax by enumerating categories of domestic dealings (cross referencing sections 122, 140(9), 140(13), Chapter VIII, section 144 and section 205(4)) and by permitting additional prescribed transactions; each item is subject to exclusion of international transactions and to an annual aggregate materiality threshold that determines applicability.
Act Rules Income Tax
Show AI Summary
Associated enterprise definition expands to objective participation and dependence tests, broadening related party compliance risks.
Clause 162 defines associated enterprise by a general participation test (direct, indirect or through intermediaries in management, control or capital, or common persons participating therein) and a non exhaustive deeming list operative at any time during the tax year that includes objective thresholds and indicia such as minimum shareholding, reciprocal holdings, loan exposure relative to book assets, guarantee exposure, appointment control, IP dependence, supply/purchase dependence, family/common control and a residual mutual interest relationship subject to prescription; for specified domestic transactions the definition is expanded to include other units of the assessee and cross referenced persons or enterprises.
Act Rules Income Tax
Show AI Summary
Tax rebate for resident individuals: post calculation reduction of tax up to capped amounts with special formula for higher incomes.
A deduction from income tax payable is available to resident individual assessees in specified income bands: tax is computed first and then reduced by a rebate subject to fixed monetary caps; for incomes above the higher threshold a formulaic reduction by the excess income is prescribed, and any deduction is capped so it does not exceed tax payable under the referenced computation provision.
Act Rules Income Tax
Show AI Summary
Deduction for interest on deposits: account-type ceilings differ by seniority, with senior citizens' scope including time deposits.
Deduction for interest on deposits permits individuals (distinctly identifying senior citizens) and HUFs to claim limited deductions on interest from deposits with regulated banks, cooperative societies and Post Offices, subject to monetary ceilings and account-type limits: non-senior individuals and HUFs are restricted to interest from savings accounts excluding time deposits, senior citizens are allowed a broader deduction described as applying to savings accounts and expressly including time deposits, and no deduction is permitted where the deposit is held by or on behalf of a firm, association of persons or body of individuals; "time deposits" are defined as deposits repayable on expiry of fixed periods.
Act Rules Income Tax
Show AI Summary
Time bound deduction for Producer Companies allows full tax relief for profits from defined member related agricultural activities, subject to sequencing.
A time bound tax incentive allows Producer Companies, as defined in the Companies Act, to claim a full deduction for profits attributable to an eligible business (marketing members' agricultural produce; supplying members with agricultural inputs; processing members' agricultural produce), subject to a turnover ceiling and a sequencing rule that permits the deduction only after other Chapter deductions; the clause omits attribution, anti abuse and procedural rules, creating compliance uncertainty.
Act Rules Income Tax
Show AI Summary
Deduction for co-operative societies: specified cooperative income receives preferential tax deductions, subject to governance and computation rules.
Clause 149 permits targeted tax deductions for co operative societies by fully or partially deducting income attributable to enumerated cooperative activities (banking/credit to members, cottage industries, marketing of members' agricultural produce, supply of agricultural inputs, processing without power, collective disposal of members' labour, and fishing/allied activities), supplies by primary societies to federal cooperatives or government entities, inter cooperative investment income, and income from letting godowns; certain non specified activities qualify only up to capped amounts, governance restrictions on voting rights condition some deductions, and cooperative deductions are computed after reducing specified pre existing deductions.
Act Rules Income Tax
Show AI Summary
Special tax deduction for North-Eastern undertakings grants full profit exemption for a fixed consecutive period.
A 100% deduction of profits and gains is available to undertakings in specified North-Eastern States for ten consecutive tax years starting from an "initial tax year", contingent on commencement or substantial expansion within a discrete qualifying window, formation and newness-of-plant conditions, exclusions for specified goods and activities, a defined test for "substantial expansion", and exclusivity preventing concurrent Chapter deductions; cross-referenced provisions determine treatment of re-established entities and aggregate duration limits.
Act Rules Income Tax
Show AI Summary
Deduction for research donations: tax relief for approved gifts subject to verification and specified exclusions.
Deduction is allowed for donations to approved research associations or educational institutions for scientific or social science/statistical research, contingent on recipient approval and information furnished by the payee to the prescribed income tax authority and subject to the Board's risk based verification; deductions are excluded where the donor has business/profession income or where contributions in cash exceed the prescribed threshold, and deduction is not to be denied solely because recipient approval is later withdrawn.
Act Rules Income Tax
Show AI Summary
Pension contribution deduction: employer and individual pension contributions receive tax relief, with caps and deeming rules affecting receipt.
Section 124 allows deductions for employer contributions to Central Government notified pension schemes subject to employer type percentage ceilings and for individual deposits into such schemes subject to an overall statutory cap; parent or guardian deposits for minors are aggregated with the individual cap. The provision defines salary for this purpose to include dearness allowance where employment terms so provide, disallows duplicate deduction where relief was claimed under the related provision, and deems amounts received on closure, opt out, or as annuity taxable in the year of receipt, with limited exceptions for nominee/parent/guardian receipts on death.
Act Rules Income Tax
Show AI Summary
Loss carry-forward restrictions: beneficial ownership and voting-power continuity determine entitlement to set off historic losses.
The section restricts carry forward and set off of losses on change in firm constitution, succession other than by inheritance, and change in shareholding of non-public companies unless continuity of beneficial ownership of shares carrying not less than fifty-one percent of voting power is maintained or specified exceptions (death, gift to relative, certain amalgamations/demergers, insolvency resolution plans with opportunity to be heard, tribunal-approved restructuring, relocation, and a start-up carve-out) apply.
Act Rules Income Tax
Show AI Summary
Carry-forward of predecessor losses: successor bank may set off losses as if reorganisation had not occurred, subject to continuity conditions.
Section 118 permits successor or resulting co operative banks to carry forward and set off predecessor accumulated losses and unabsorbed depreciation on amalgamation or demerger "as if the business reorganisation had not taken place," subject to the Act's set-off and depreciation rules. Demergers transfer directly attributable losses to the resulting undertaking and require pro rata apportionment of non direct losses by asset distribution. Qualification depends on continuity of banking activity and specified fixed asset holding thresholds, deemed tax year splitting, prescribed/notified conditions, and denial of set offs as taxable income upon non compliance.
Act Rules Income Tax
Show AI Summary
Ring-fencing of race-horse losses restricts set-off to stake-money income and allows limited carry forward period.
Losses from owning and maintaining race horses are ring-fenced and may be set off only against income from the same specified activity (stake money). Unabsorbed losses may be carried forward for set-off solely against future stake-money income in years when the assessee carries on the specified activity, subject to a limited carry-forward period after which unabsorbed amounts expire. Definitions narrow the scope of eligible income and losses.

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