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
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
    NewsGST
    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...
    Case LawsCustoms
    Limits of Website Upload (of Notifications) as Notice for Delegated Legislation Where the Parent Sta...
    Case LawsIndian Laws
    Illegality of Arrest and Remand for Non-Supply of Written Grounds: The Two-Hour Pre-Remand Standard ...
    When Trademark Ownership Controversies Fall Outside Insolvency Adjudication: Application of the 'Nex...
    Locus Standi - Intervention by Homebuyer Societies in Insolvency Proceedings: Statutory Limits under...
    NewsBill
    Rates of income-tax in respect of income liable to tax for the assessment year 2026-27 for the purpo...
    NewsBill
    Tax rates under section 115BAC of the Income-tax Act, 1961
    NewsBill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    NewsBill
    Co-operative Societies
    NewsBill
    Firms
    NewsBill
    Local authorities
    NewsBill
    Companies
    NewsBill
    Rates of income-tax in respect of income liable to tax for the tax year 2026-27 for the purposes of ...
    NewsBill
    Tax rates under section 202
    NewsBill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    NewsBill
    Co-operative Societies
    NewsBill
    Firms
    NewsBill
    Local authorities
    NewsBill
    Companies
❯❯
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
    NewsGST
    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 RulesGST
    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.
    Case LawsCustoms
    Show AI Summary
    Import regulation: Gazette publication is required before a notification binds importers; website uploads do not suffice for enforceability.
    Publication in the Official Gazette is a condition precedent to the enforceability of notifications under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992; website uploads cannot substitute for Gazette promulgation. Internal references to the "date of this Notification" must be read as the Gazette publication date, and where a notification incorporates paragraph 1.05(b) of the Foreign Trade Policy, transitional protection applies if its objective conditions (LC established before imposition, timely registration, shipment within validity) are satisfied.
    Case LawsIndian Laws
    Show AI Summary
    Arrest communication: written grounds generally required; oral only temporarily, written copy at least two hours before remand.
    The obligation to communicate grounds of arrest applies across statutes and, as a rule, must be met by supplying written grounds in a language the arrestee understands. In exceptional exigencies oral communication at arrest is permissible temporarily, but a written copy must be provided within a reasonable time and no later than two hours before production for remand; remand papers must include the grounds and explain any delay. Non compliance renders the arrest and remand illegal, though authorities may seek fresh custody after supplying written grounds with reasons for earlier non supply.
    Case LawsIBC
    Show AI Summary
    Trademark ownership disputes in insolvency require a clear nexus to CIRP; complex title issues belong to full proceedings.
    A disputed trademark cannot be declared an asset of the corporate debtor in summary CIRP proceedings absent a demonstrable nexus with insolvency; where title turns on contested private transactions and rival claims, the approved resolution plan governs stakeholders and summary disposition that effectively alters plan rights is impermissible. Avoidance conclusions require properly pleaded applications, material and notice; absent these safeguards, invoking preferential or undervalued transaction provisions in collateral proceedings violates natural justice.
    Case LawsIBC
    Show AI Summary
    Homebuyer societies' intervention in insolvency is limited; representation must follow authorised representative routes post-admission.
    Locus standi under the IBC is stage-sensitive: pre-admission proceedings are in personam and participation is confined to the applicant and corporate debtor, while post-admission proceedings are in rem and allow broader standing subject to statutory channels. Individual allottees recognised as financial creditors must be represented through the Code's authorised-representation mechanisms rather than by separate societies asserting membership rights, and inherent tribunal powers cannot create substantive participatory rights absent statutory basis.
    NewsBill
    Show AI Summary
    Income-tax rates for assessment year 2026-27 remain unchanged; schedule placement for advance tax and salary TDS is preserved.
    Tax rates for assessment year 2026-27 remain unchanged and continue to be prescribed either in specific sections of the Income-tax Act (including concessional regimes for domestic companies, cooperative societies and the alternate individual regime) or in the First Schedule. Rates formerly listed in Part III of the First Schedule to the Finance Act, 2025 - used for advance tax computation, TDS from salaries and charging tax payable in certain cases - are reclassified as Part I of the First Schedule for AY 2026-27.
    NewsBill
    Show AI Summary
    Tax rates under section 115BAC prescribe slab rates up to 30% with surcharge tiers and caps on dividend and capital gains.
    Section 115BAC(1A) sets default slab rates for certain resident taxpayers ranging from nil up to 30% above Rs.24,00,000; these apply unless an option under section 115BAC(6) is exercised. Income-tax under clause (1A)(iii) is subject to surcharge tiers (10%, 15%, 25%) based on total-income thresholds, with the surcharge on dividend income and specified capital gains capped at 15% and a 15% cap also for associations of persons consisting only of companies. Marginal relief is available.
    NewsBill
    Show AI Summary
    Individual tax rates set in the Finance Bill 2026: progressive slabs with higher nil thresholds for senior residents.
    The Finance Bill 2026 prescribes progressive income-tax slabs for individuals, HUFs, associations of persons, bodies of individuals and artificial juridical persons: nil up to Rs. 2,50,000; 5% on Rs. 2,50,001-5,00,000; 20% on Rs. 5,00,001-10,00,000; 30% above Rs. 10,00,000; with higher nil thresholds for resident senior citizens (Rs. 3,00,000 for 60-79 years; Rs. 5,00,000 for 80+), and states these rates mirror the prior year.
    NewsBill
    Show AI Summary
    Co-operative societies: the Finance Bill preserves the existing three-band income-tax rate structure (10%, 20%, 30%).
    Specified income-tax rates for co-operative societies are set out in Paragraph B of Part I-A of the First Schedule to the Finance Bill. The Bill retains the existing three-band structure: 10% on income up to the first band, 20% on the middle band, and 30% on income above the top band, thereby preserving the prior rate structure for co-operative societies.
    NewsBill
    Show AI Summary
    Firms' income-tax rate unchanged at 30% under the Finance Bill, specified in Paragraph C of Part I-A.
    The Finance Bill specifies the income-tax rate for firms in Paragraph C of Part I A of the First Schedule, maintaining the rate at 30%.
    NewsBill
    Show AI Summary
    Local authorities: income-tax rate remains 30% under Paragraph D of Part I-A of the First Schedule in the Finance Bill.
    The Finance Bill specifies the income-tax rate for local authorities in Paragraph D of Part I-A of the First Schedule, fixing the rate at 30% and maintaining continuity for that taxpayer category.
    NewsBill
    Show AI Summary
    Union Budget corporate tax: 25% for smaller domestic firms, 30% generally, 35% for non-domestic, plus surcharge and 4% cess.
    Domestic companies with turnover or gross receipts up to Rs. 400 crore are taxed at 25%; other domestic companies at 30%; non-domestic companies at 35% on income other than that chargeable at special rates. Surcharge rates are unchanged, with the surcharge not applying to income of a specified fund and with a 25% cap on surcharge for persons under the referenced preferential regime for income above Rs. 5 crore (excluding dividend income and certain capital gains). Marginal relief is provided where surcharge applies. A 4% Health and Education Cess applies on income-tax inclusive of surcharge, with no marginal relief for the cess.
    NewsBill
    Show AI Summary
    Income-tax rates for 2026-27 remain unchanged across specified sections and Part I-B of the First Schedule.
    Income-tax rates for the tax year 2026-27 remain unchanged: rate provisions in the Act for domestic companies, individuals/HUFs/AOPs/BOIs/AJPs and cooperative societies and the rates set out in Part I-B of the First Schedule to the Bill are not amended and the existing rate structures continue to apply.
    NewsBill
    Show AI Summary
    Tax rates under section 202 set default slabs with surcharge bands, surcharge caps for specified cases, and marginal relief.
    Tax rates under section 202 set graded default income-tax slabs for specified taxpayers for 2026-27, subject to an option to elect an alternative regime; a surcharge applies to higher total income bands (with inclusion rules for dividend income and capital gains), surcharge caps where alternative provisions apply and for certain associations of persons, and marginal relief to alleviate threshold impacts.
    NewsBill
    Show AI Summary
    Income-tax 2026-27: new slab rates, optional Part I-B age-based slabs, and revised surcharge caps and relief.
    Section 202 prescribes progressive income-tax slabs for 2026-27 for individuals, HUFs, AOPs, BOIs and specified artificial juridical persons, while preserving an option under section 202(4) to adopt the Part I-B rates. Part I-B provides alternative slabs including age-based thresholds for senior and super senior residents. Computed tax (including specified dividend and capital gains) attracts a graduated surcharge with provisos capping surcharge on dividend/capital gains at 15%, limiting surcharge for company-only AOPs to 15%, and reducing the 37% surcharge to 25% for persons taxed under section 202; marginal relief applies.
    NewsBill
    Show AI Summary
    Co-operative societies: unchanged tax rates, tiered surcharge with marginal relief, and optional lower-rate tax regime with reduced surcharge.
    Co-operative societies are taxed under Paragraph B of Part I B of the First Schedule with rates unchanged from the prior year. Surcharge applies in tiers according to total income, with marginal relief available to reduce surcharge impact where appropriate. A resident co-operative society that satisfies prescribed conditions may elect an alternative lower-rate tax regime; when elected, a specified lower surcharge percentage applies to that tax.
    NewsBill
    Show AI Summary
    Firms: income-tax rate unchanged; 12% surcharge over one crore rupees with a cap limiting additional tax.
    Firms continue to pay the same specified rate of income-tax as in the prior year. A 12% surcharge applies where a firm's total income exceeds one crore rupees, but the total tax plus surcharge on income exceeding one crore rupees is limited so it does not exceed the tax on one crore rupees by more than the excess income.
    NewsBill
    Show AI Summary
    Local authorities face the same income-tax rate with a 12% surcharge above one crore, subject to a cap.
    Local authorities remain subject to the same income-tax rate as specified in Paragraph D of Part I-B of the First Schedule; a 12% surcharge on such income-tax applies where total income exceeds one crore rupees, but the combined income-tax and surcharge on income above one crore is limited so it does not exceed the income-tax on one crore rupees by more than the excess amount.
    NewsBill
    Show AI Summary
    Company tax rates: domestic companies 25% or 30% with opt-in 22% regime; non-domestic companies 35%; specified surcharges apply.
    The Finance Bill, 2026 sets company tax rates: domestic companies pay 25% if turnover/gross receipts for 2024-25 400 crore and under section 199, otherwise 30%; domestic companies may opt for section 200 at 22% with a 10% surcharge. Non-domestic companies are taxed at 35% on income not at special rates. Surcharges: domestic (excluding section 200/201 electors) 7% for income >1 crore 10 crore and 12% for income >10 crore; non-domestic 2% for >1 crore 10 crore and 5% for >10 crore. Marginal relief applies.

    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