Just a moment...

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 characters0/2000
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.
RelevanceDefaultDate
    Liberalizing Silver Imports: Analyzing the Impact of DGFT Notification No. 57/2023 on India's Trade ...
    Extension of the existing concessional import duties on specified edible oils up to and inclusive of...
    Levy of Export Duty on Molasses Exports
    Act RulesCustoms
    Anti-Dumping Duties: A Comprehensive Analysis of the Customs Tariff Act, 1975
    Analysis of Recent Anti-Dumping Duty Imposition on Meta Phenylene Diamine Imports from China to Indi...
    NotificationsCentral Excise
    Analyzing the Implications of Central Excise Duty Changes on Petroleum Products
    Challenges in corporate insolvency, particularly when dealing with contract terminations and arbitra...
    Case LawsCustoms
    Analyzing the Legal Dispute in Customs regarding provisional assessment: A Case of Procedural Lapses...
    Case LawsIncome Tax
    Deduction u/s 80P: Navigating the Legal Labyrinth - Co-operative Societies Vis-a-vis Co-operative ba...
    Transition to the GST regime. Legal challenges posed by the GST regime on existing government contra...
    Case LawsIncome Tax
    Navigating Legal Complexities - Assessment in case of third parties post search and seizure - The pe...
    Case LawsIncome Tax
    Scope of compliance of the Document Identification Number (DIN) in tax communications​​.
    Supreme Court's Scrutiny of ED's Conduct: Upholding Legal Standards in Arrest and Remand Procedures
    GST: transportation of goods, the role of e-way bills, and the implications of their cancellation - ...
    Case LawsCustoms
    Legality of Value Enhancement for the import of goods on the basis of allegation of Under-invoicing ...
    Equality in Financial Creditor Status: The Supreme Court's Ruling in regarding the status of home bu...
    Case LawsIncome Tax
    Navigating the Nuances of Capital vs Revenue Expenditure: The Asian Hotels Ltd. Case Analysis
    Case LawsCentral Excise
    Demand based on Form-26AS information from the Income Tax Department, without pre-show cause notice ...
    Importance of transparency in corporate governance and the rights of minority shareholders
    The case of Manish Sisodia versus CBI and DoE is not just a legal battle but also a matter of signif...
❯❯
MaximizeMaximizeMaximize
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 SummariesHide All Summaries
    NotificationsDGFT
    Show AI Summary
    Liberalizing silver imports: expanding free actual user access and enabling bullion exchange imports to boost industrial inputs.
    Amendment to import policy for silver under Chapter 71 of ITC (HS) 2022 classifies semi manufactured silver as Free on an Actual User basis for specified manufacturing sectors and permits R&D imports by government or recognised institutions; it also revises HS code treatment to allow qualified jewellers to import via a recognised bullion exchange, expanding import access beyond nominated agencies.
    NotificationsCustoms
    Show AI Summary
    Concessional import duties on specified edible oils extended, preserving customs and AIDC exemptions to support supply and affordability.
    Notification No. 02/2024 amends Notifications Nos. 48/2021 and 49/2021 to extend the concessional import duty treatment and the exemption from the Agriculture Infrastructure and Development Cess for specified edible oils, preserving customs duty relief for listed soybean, palm and sunflower oil categories to maintain lower import costs and supply continuity.
    NotificationsCustoms
    Show AI Summary
    Export duty on molasses imposed to secure domestic supply for ethanol blending and reduce fuel import reliance.
    A 50% export duty has been added to the Second Schedule of the Customs Tariff Act, effective January 18, 2024, using the government's urgent power to levy export duties, to restrict molasses exports and increase domestic supply for ethanol production and to address sugar shortages and fuel-import dependence.
    Act RulesCustoms
    Show AI Summary
    Anti-dumping duties protect domestic industry by allowing provisional and retrospective measures and circumvention checks on dumped imports.
    Anti-dumping duties under the Customs Tariff Act, 1975 define anti-dumping duties, margin of dumping, export price and normal value, and set methods to determine dumping when direct comparisons are infeasible. The statute provides anti-circumvention and duty-absorption rules, permits provisional duties based on preliminary findings and retrospective duties in certain large cases, and allows conditional exemptions for consignments to export-oriented units and special economic zones.
    NotificationsCustoms
    Show AI Summary
    Anti-dumping duty continuation on Meta Phenylene Diamine from China preserves domestic industry protection under sunset review recommendation.
    Continuation of anti-dumping duty on Meta Phenylene Diamine from China follows a sunset review finding continued dumping and injury to the domestic industry; the government imposed differentiated per-metric-ton duties on a named Chinese producer and other exporters, including imports from other countries exported via China, to be levied for a five-year period unless earlier revoked, superseded or amended and payable in Indian currency.
    NotificationsCentral Excise
    Show AI Summary
    Special Additional Excise Duty reduction may lower government revenues and influence fuel pricing and consumption.
    Notification No. 03/2024 amends Notification No. 18/2022 by reducing the Special Additional Excise Duty on production of petroleum crude, directly altering the statutory excise rate and thereby affecting government excise revenue, oil company margins and pricing incentives, potential consumer fuel prices given other tax and market factors, and environmental consumption incentives.
    Case LawsIBC
    Show AI Summary
    Wrongful invocation of bank guarantees not upheld where arbitration covers claims; liquidator may refile under insolvency law.
    The appellate tribunal found the liquidator's claims, including allegations of wrongful invocation of bank guarantees, were encompassed by pending arbitration and upheld deletion of the concessionaire from the insolvency-era causative-misconduct application, while permitting the liquidator to file a fresh insolvency application should subsequent arbitration facts necessitate separate action.
    Case LawsCustoms
    Show AI Summary
    Provisional assessment compliance: non-deliberate document delays without revenue impact warrant nominal penalties under provisional assessment rules.
    The tribunal examined Regulation 5 penalties for delayed document submission under the Customs (Provisional Duty Assessment) Regulations, noting absence of mala fide conduct and no revenue implication. Emphasizing proportionality, the tribunal treated non-deliberate, revenue-neutral delays as warranting a nominal sanction rather than the maximum prescribed penalty, balancing enforcement of document-submission requirements with the factual context of compliance.
    Case LawsIncome Tax
    Show AI Summary
    Co-operative bank classification: licensing requirement determines cooperative societies' tax deduction eligibility under section 80P provisions.
    Eligibility for deduction under Section 80P depends on whether a cooperative society qualifies as a co-operative bank, which in turn requires evaluation of statutory definitions and the regulatory requirement of licensing under the Banking Regulation Act read with the NABARD Act and state cooperative laws; classification hinges on regulatory status and banking activity rather than merely providing credit to members.
    Case LawsGST
    Show AI Summary
    GST impact on government contracts: administrative review required to address tax liabilities and update contract pricing.
    Applicability of GST to government contracts where SOR and BOQ were not updated, creating additional tax liabilities; responsibility for incorporating the new tax regime into contract pricing and the administrative duty to address resultant tax increments. The court directed a formal representation process and a reasoned administrative decision after departmental consultation, with no coercive action to be taken against the petitioner pending resolution.
    Case LawsIncome Tax
    Show AI Summary
    Interpretation of Section 153C limits third party assessment timelines to when seized materials reach the Assessing Officer.
    The Supreme Court held that, for third parties found via search and seizure, the period for which returns must be filed is measured from the date seized materials are forwarded to the relevant Assessing Officer rather than from the date of the original search. The Court read Sections 153A and 153C to avoid unduly prejudicing uninvolved third parties and to prevent excessive record-retention and procedural burden, endorsing a fair, plain-language construction aligned with legislative intent.
    Case LawsIncome Tax
    Show AI Summary
    DIN compliance: omission of Document Identification Number can render tax orders procedurally noncompliant under CBDT Circular.
    The dispute focuses on whether omission of the Document Identification Number (DIN) from a substantive tax order, despite issuance of an intimation letter containing the DIN, renders the communication noncompliant with CBDT Circular No.19/2019; the Tribunal treated a DIN-less order as deficient, rejected the revenue's rectification attempts and allowed relief to the assessee, while the High Court found no substantial question of law warranting interference, underscoring strict procedural adherence in tax communications.
    Case LawsPMLA
    Show AI Summary
    Arrest Procedure: strict compliance with statutory grounds required to validate arrests and remand under anti-money-laundering law.
    The validity of arrests and remand hinges on recording and furnishing written reasons for belief in the arrested person's involvement and transparent communication of grounds; remand courts must apply independent mind and cannot cure constitutional infirmities arising from defective arrests, and investigative conduct suggesting arbitrariness or abuse of process undermines lawful custody.
    Case LawsGST
    Show AI Summary
    Intent to evade tax determines whether e way bill cancellations warrant seizure measures or minor breach penalties under GST.
    Applicability of detention and seizure provisions under the GST regime turns on the presence of intent to evade tax; where such intent is absent, the statutory scheme contemplates treatment as a minor breach subject to lighter penal consequences. Authorities must assess whether e way bill irregularities reflect inadvertent or excusable circumstances warranting penalties for non compliance rather than initiation of measures reserved for deliberate tax evasion.
    Case LawsCustoms
    Show AI Summary
    Customs valuation integrity requires voluntary, corroborated evidence before enhancing declared import value or imposing penalties.
    Enhancement of import value and penalties for alleged under invoicing were unsupported where export declarations were unattested photocopies later rectified by the supplier, key statements under Section 108 were retracted and lacked corroboration, and contemporaneous import comparisons were dismissed without contrary evidence; therefore, voluntariness and corroborative evidence are required before altering declared value or imposing penalties.
    Case LawsIBC
    Show AI Summary
    Financial Creditor Status: Home buyers must receive equal treatment in IBC resolution plans irrespective of RERA remedies.
    The Court held that the statutory explanation deeming amounts raised from allottees as having the commercial effect of borrowing brings home buyers within the class of financial creditors under Section 5(8)(f) of the IBC; it disapproved any subdivision treating buyers who pursued RERA remedies as a separate subclass, finding such differential treatment to be inequitable and violative of Article 14, and directed equal treatment of allottees in resolution plan consideration.
    Case LawsIncome Tax
    Show AI Summary
    Renovation and consultancy expenses for hotels treated as revenue when they preserve existing assets without creating enduring capital benefits.
    Classification of renovation and related consultancy expenses turns on whether works create a new asset or an enduring capital advantage. Expenditure that preserves existing condition, maintains competitiveness, or restores assets without materially improving life or efficiency is revenue in nature. Consultancy fees aligned with such maintenance are treated as revenue expenditure rather than capital outlay.
    Case LawsCentral Excise
    Show AI Summary
    Form 26AS reliance insufficient where no proper investigation; valuation rules and natural justice must govern service tax demands.
    Reliance on Form-26AS alone cannot sustain a service tax demand absent proper investigation and procedural consultation; valuation must follow the applicable valuation rules for works contract services with consideration of claimed abatements and any notification based relief, and invocation of the extended period of limitation requires factual basis beyond third party data or ex parte adjudication.
    Case LawsSEBI
    Show AI Summary
    Shareholder access to investigation documents upheld, reinforcing transparency and minority investor rights in regulatory proceedings.
    Minority shareholders challenged alleged securities-law violations and sought access to investigation and settlement-related documents; the court found that shareholders could not be treated as outsiders and were entitled to the requested materials despite confidentiality claims, while not definitively ruling on the legality of the settlement process, stressing transparency in corporate governance and implications for application of confidentiality provisions in regulatory proceedings.
    Case LawsPMLA
    Show AI Summary
    Right to speedy trial can justify bail when prolonged trial delay exists and courts must reassess bail applications.
    The matter focuses on bail principles and statutory interpretation under the Prevention of Money Laundering Act, questioning whether proceeds arising from an administrative excise policy constitute proceeds of crime and whether money laundering prosecution requires independent evidence distinct from a scheduled offence. Defence objections include prolonged custody, voluminous evidence, and constitutional protections for ministerial decision making. The court emphasized that bail assessments are tentative, must account for the accused's right to a speedy trial where delay is not attributable to them, and allowed liberty to re apply for bail or interim relief if trial delay or medical emergency arises, to be considered on merits.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Comparison of section 296 "Time-limit for completion of 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 296 Time-limit for completion of block assessment

      Income-tax Act, 2025

      At a Glance

      The document under detailed consideration is Clause 296 of the Income Tax Bill, 2025 - (Old Version) which prescribes the time-limits and exclusion rules for completion of block assessments under the special procedure for search cases (section 294). It matters to taxpayers subjected to search and seizure proceedings, their representatives, and the Income-tax Department. The Bill text sets out computation rules, specified exclusions, and minimum remaining-period safeguards. Effective date or enactment status: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 296 (Bill) interacts primarily with section 294 (orders following search), section 295 (other persons), section 166(1) (references), section 159 (agreements for exchange of information), sections 244(2), 268(5), 269(1), 270(11)(i), 270(13), 274(1), and chapters dealing with Advance Rulings (sections 381 and 384 cited in the Bill). The Clause sets time-limits for passing assessment orders under the special search/block-assessment procedure and prescribes periods that are to be excluded in computing limitation. Definitions or explanatory notes: Not stated in the document beyond cross-references to the cited sections.

      Statutory Provision Mode

      Text & Scope

      Clause 296 prescribes that an order u/s 294 must be passed within twelve months from the end of the month in which the last of the authorisations for search was executed or requisition was made (sub-s. (1)). It applies "irrespective of the provisions of section 296" (likely an editorial inconsistency in the Bill text: see Interplay). The clause covers both the primary assessee and "other persons" (section 295) with separate computation for the latter (sub-s. (5)). It also provides for a 12-month extension where a reference u/s 166(1) is made during the course of proceedings (sub-ss. (2) and (6)).

      Interpretation

      The Bill text indicates an intent to fix a relatively short, definite time-frame (12 months) from a clear calendar point (end of the month in which the last search authorisation was executed or requisition made), subject to specified exclusions and extensions. The inclusion of enumerated excluded periods suggests the legislative principle that certain delays (court stays, information exchange, valuation/audit directions, references to authorities) should not count against the statutory limit. The use of calendar-month endpoints and an explicit minimum remaining period mechanism (sub-s. (8)) reflects an aim to provide practical breathing space for completion after exclusion periods. Legislative intent beyond these textual signals: Not stated in the document.

      Exceptions/Provisos

      Key carve-outs and conditions in the Clause:

      • Exclusion of a period (not exceeding 180 days) from date of search/requisition to date on which seized/requisitioned items are handed over to the Assessing Officer having jurisdiction (sub-s. (3)).
      • Enumerated exclusions in sub-s. (7): court stay periods (until certified copy of vacating order received), exchange-of-information reference periods (up to last receipt or one year, whichever less), time for reopening or re-hearing u/s 244(2), time taken where assessee is directed to get accounts audited/inventory valued u/s 268(5), period for reference to Valuation Officer u/s 269(1), periods linked to contraventions under Schedule III as per section 270(11)(i), references to Principal Commissioner/Commissioner u/s 270(13), periods relating to impermissible avoidance arrangement references u/s 274(1), and periods for Board for Advance Rulings applications and pronouncements u/ss 381/384 (sub-ss. (7)(a) to (j)).
      • Minimum remaining-period protection: where, after exclusion under (3) or (7), the remaining period is less than sixty days, it is extended to sixty days (sub-s. (8)).
      • Month-end extension: if after exclusions or extensions the period would expire before month end, it is extended to end of that month (sub-s. (4) and (9)).

      Illustrations

      • Example 1: Search executed on 10 January. Last authorisation executed that month. The normal limitation runs to 31 January of the next year (twelve months from end of the month of execution). If 120 days elapse between search and physical handover and are excluded under sub-s. (3), the remaining period is computed after excluding that 120-day span and then adjusted under sub-s. (4) or (8) as applicable.
      • Example 2: During assessment a reference u/s 166(1) is made. The time available for completion is extended by twelve months under sub-s. (2).
      • Example 3: A court grants a stay on assessment for 90 days; the stay is vacated and the jurisdictional Principal Commissioner receives certified copy 100 days later. The stay period (start to certified copy receipt) is excluded under sub-s. (7)(a) from computation.

      Interplay

      The Clause expressly interacts with multiple provisions: section 294 (orders after search), section 295 (other persons), section 166 (references), section 159 (exchange of information), section 244(2) (re-hearing/reopening), sections 268-269 (audit/valuation), section 270 (penalty/procedure references), section 274 (avoidance arrangements), and the Advance Rulings provisions (sections 381/384). The Bill text does not refer to any subordinate Rules, notifications or circulars. Potential textual inconsistency: sub-s. (1) refers to "Irrespective of the provisions of section 296", which appears circular or mis-referenced (likely intended to refer to another section-Not stated in the document).

      Practical Implications

      • Compliance and risk areas: Tax officers must track multiple exclusion events and maintain documentary proof (dates of handover of seized items, certified copies of court orders, dates of receipt of exchanged information, audit/valuation reports, Valuation Officer reports, advance ruling communications). Failure to accurately compute exclusions could result in time-bar disputes. The Bill requires attention to the precise calendar endpoint ("end of the month") for initial limitation calculation.
      • Record-keeping/evidence points: The text implicitly requires records showing the date of search/requisition, date of handover of seized/requisitioned items, dates of service/receipt of certified copies of court orders and authority communications, dates of references and replies under information-exchange, dates of audit/inventory valuation directions and reports, reports from Valuation Officer, and communications from the Board for Advance Rulings. Specific required forms or formats: Not stated in the document.

      Key Takeaways

      • Clause 296 fixes a twelve-month period (from end of the month of last search authorisation/requisition) for completion of block assessment orders u/s 294.
      • Specified exclusions (including up to 180 days for seizure custody and a series of procedural delays) are carved out from limitation computation.
      • A 12-month extension applies where a reference u/s 166(1) is made during proceedings (for primary assessee and separately for "other persons").
      • Where exclusions leave less than sixty days to proceed, the remaining period is extended to sixty days, creating a minimum workable timeframe post-exclusions.
      • Month-end rounding rules extend expiry to the end of the month if the period would otherwise expire mid-month.
      • The Clause requires careful tracking of multiple external events and receipt dates; however, procedural forms, judicial or administrative guidance on computation: Not stated in the document.
      • Textual inconsistency in sub-section (1) referring to "provisions of section 296": Not explained in the document.

      Differences Between (Document 2) Clause 296 of the Income Tax Bill, 2025 - Old Version and (Document 1) Section 296 of the Income-tax Act, 2025

      • Trigger point for the twelve-month period: Bill uses "twelve months from the end of the month in which the last of the authorisations for search was executed, or requisition was made" (Bill sub-s. (1)). The Act uses "twelve months from the end of the quarter in which the last of the authorisations for search was executed, or requisition was made" (Act sub-s. (1)(a)).
        • Practical impact: The Act lengthens the period by aligning to quarter ends rather than month ends, effectively giving up to approximately three additional months in some cases for completion, reducing pressure on the department (more time) and increasing uncertainty for taxpayers about the precise deadline (wider window).
      • Provision for extension where return-filing time is extended: The Act contains sub-s. (1)(b) stating that if the time for furnishing return u/s 294(1)(a)(v) is extended by 30 days, "twelve months" is to be read as "thirteen months". This is absent in the Bill.
        • Practical impact: Act expressly accommodates administrative extensions for return filing; the Bill silent on that contingency.
      • Seizure/exclusion wording: Bill excludes "the period (not exceeding one hundred eighty days) commencing from the date on which a search is initiated or a requisition is made and ending on the date on which seized or requisitioned items are handed over to the Assessing Officer having jurisdiction over the assessee" (Bill sub-s. (3)). The Act is more specific in sub-s. (3): it refers to assets [as provided in section 261(b)] and material seized or requisitioned [as provided in section 261(i)] are handed over to the Assessing Officer having jurisdiction.
        • Practical impact: Act clarifies the nature of items (cross-referring to section 261 definitions) which may reduce disputes about what constitutes seized items; Bill is more general.
      • Detailed sub-sectioning and drafting refinements: The Act expands certain sub-section numbering and presents the "quarter" rule, an additional clause for extension linked to return-filing, and adds or rearranges textual clarifications for persons u/s 295 (Act sub-s. (5) refers to "twelve months from the end of the quarter in which the notice u/s 294 in pursuance of section 295, was issued ..."). The Bill refers to "end of the month".
        • Practical impact: For "other persons" (section 295), the Act again gives a quarter-end anchor, providing more time compared to the Bill's month-end anchor.
      • Order of exclusions and minor drafting differences: The Act reorders or clarifies some exclusion clauses, and in some instances expands wording to refer to delivery/receipt to Principal Commissioner/Commissioner or Assessing Officer.
      • Practical impact: The Act's drafting appears designed to reduce ambiguity on receipt events and which authority's receipt triggers cessation of exclusion; the Bill is less explicit in certain respects.
      • Other differences: The Act includes an explicit sub-s. (8) and (9) analogous to the Bill but keyed to quarter-end based primary limitations.
        • Practical impact: Overall the Act tends to provide marginally more time and greater specificity on what is excluded and how computation is to be anchored.

      Action Points

      • Parties should maintain contemporaneous records establishing dates of search/requisition, dates of handover of seized items, certified copies of court orders, communications for exchange of information, references and reports from Valuation Officer, audit/inventory valuation reports, and Board for Advance Rulings communications.
      • Practitioners should note whether the operative limitation is computed from month-end (Bill) or quarter-end (Act) when advising clients and tracking deadlines; post-enactment, use the Act wording (quarter-end) where applicable.
      • In disputes, ensure pleadings and computation tables explicitly apply the correct anchor (month vs quarter) and list excluded periods with documentary proof of receipt dates.

      Full Text:

      Section 296 Time-limit for completion of block assessment

      Topics

      ActsIncome Tax