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
    NewsBills
    Discontinuance of Income-tax Settlement Commission
    NewsBills
    Reduction of time limit for completing assessment
    NewsBills
    Rationalisation of the provision of Charitable Trust and Institutions to eliminate possibility of do...
    NewsBills
    Taxation of proceeds of high premium unit linked insurance policy (ULIP)
    NewsBills
    Rationalisation of the provision of slump sale
    NewsBills
    Rationalisation of provision of transfer of capital asset to partner on dissolution or reconstitutio...
    NewsBills
    Provisional attachment in Fake Invoice cases
    NewsBills
    Rationalisation of the provisions of Equalisation Levy
    NewsBills
    Depreciation on Goodwill
    NewsBills
    Rationalisation of the provision relating to processing of returned income and issuance of notice un...
    NewsBills
    Adjudicating authority under the PBPT Act
    NewsBills
    Rationalisation of the provision of presumptive taxation for professionals under section 44ADA
    NewsBills
    Clarification regarding the scope of Vivad se Vishwas Act, 2020
    NewsBills
    Definition of the term “Liable to tax”
    NewsBills
    Income Declaration Scheme (IDS) amendment
    NewsBills
    Tax Deduction at Source (TDS) on purchase of goods
    NewsBills
    TDS/TCS on non filer at higher rates
    NewsBills
    Taxability of Interest on various funds where income is exempt
    NewsBills
    CUSTOMS
    NewsBills
    AMENDMENTS IN THE CUSTOMS ACT, 1962
❯❯
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
    NewsBills
    Show AI Summary
    Discontinuance of Income-tax Settlement Commission: pending settlement cases transferred to Interim Boards with inherited powers.
    Income-tax Settlement Commission is discontinued and pending settlement applications will be handled by one or more Interim Boards of Settlement composed of three senior officers; the Interim Boards inherit the Commission's powers mutatis mutandis for disposal and rectification of orders, pending applications are deemed valid where invalidity was not declared, assessees may withdraw applications within a prescribed period causing proceedings to abate with specified exclusions to limitation and use of material, and the Central Government may notify a scheme to regulate settlement of pending applications and adapt Act provisions for transitional efficiency.
    NewsBills
    Show AI Summary
    Reduction of assessment time-limit shortens statutory window for completing income-tax assessments under faceless assessment reforms.
    The Finance Bill reduces the statutory time limit for completion of income-tax assessment proceedings, further shortening the window for passing assessment orders in scrutiny cases. The amendment is justified by the operational efficiencies of the Faceless Assessment Scheme-characterised by electronic, team-based, jurisdiction-less procedures-and aims to reduce taxpayer compliance burden and enable earlier detection of revenue leakages; it takes effect from 1 April, 2021.
    NewsBills
    Show AI Summary
    Double deduction prevention: corpus and loan-funded applications excluded unless reinvested or repaid from prior-year income.
    Voluntary contributions specifically directed to form part of corpus must be invested or deposited in prescribed modes maintained separately; application from corpus and from loans or borrowings will not qualify as application for computing the mandatory application threshold, except where reinvestment to corpus or repayment of loans from previous year's income is deposited into prescribed modes, which will then be allowed as application in that previous year. No set-off or allowance of excess application from years before the previous year shall be permitted.
    NewsBills
    Show AI Summary
    Exemption limits for ULIPs tightened, with excluded policies taxed as capital gains and included under equity-oriented fund rules.
    Amendments exclude from the exemption under clause (10D) of section 10 those ULIPs issued on or after 1 February 2021 whose annual premium for any policy year (or aggregate premium across multiple ULIPs held by a person) exceeds the prescribed threshold, while excluding death proceeds. Such excluded ULIPs are classified as capital assets, gains on redemption are to be taxed as capital gains under a new section 45(1B) with rules for computation, and will be treated as equity oriented funds for section 112A and 111A purposes. STT is made applicable on maturity or partial withdrawal of such ULIPs.
    NewsBills
    Show AI Summary
    Slump sale definition expanded to include all forms of transfer, extending scope of capital gains computation.
    Amendment expands the scope of the slump sale definition so that any mode of transfer included in the statutory definition of "transfer" can constitute a slump sale for capital gains computation; this codifies the judicial principle that transactions in substance amounting to a sale - including those with non monetary consideration or alternative legal forms - fall within the slump sale regime and aims to prevent structuring to defeat the provision.
    NewsBills
    Show AI Summary
    Capital gains on dissolution: distributions in excess of capital account treated as entity income and valued at fair market value.
    Where a partner or member receives a capital asset on dissolution or reconstitution, profit or gain on that receipt is chargeable as capital gains and treated as income of the specified entity in the year of receipt, with fair market value on receipt deemed full consideration. The recipient's capital-account balance is calculated excluding increases from revaluation or self-generated goodwill/assets. Money or other assets received in excess of the capital-account balance are similarly taxed as capital gains, with the capital-account balance deemed the cost of acquisition.
    NewsBills
    Show AI Summary
    Provisional attachment powers expanded to permit attachment during pending false-entry penalty proceedings when large penalties are likely.
    Provisional attachment permits the Assessing Officer, with prior approval from designated senior tax authorities, to attach an assessee's property for six months to protect revenue, revocable on furnishing a bank guarantee which may be invoked if tax demand remains unpaid. The Finance Bill proposes to amend this provision to allow the Assessing Officer to exercise attachment powers during pending penalty proceedings for false or omitted entries where a high-value penalty is likely to be imposed.
    NewsBills
    Show AI Summary
    Equalisation levy broadened to cover sales and services regardless of operator ownership, with treaty-taxable royalties excluded.
    Amendments clarify that consideration chargeable to equalisation levy excludes amounts taxable as royalty or fees for technical services under a notified tax treaty; define e-commerce supply or services to include online acceptance of offers, purchase orders, payment and supply/provision (wholly or partly); broaden consideration to cover sale of goods irrespective of operator ownership and provision of services irrespective of whether provided or facilitated by the operator. These changes operate retrospectively from 1 April 2020, and section 10(50) is adjusted to the same definition and to exclude treaty-taxable royalty or FTS, effective for assessment years from 2021-22.
    NewsBills
    Show AI Summary
    Depreciation on goodwill disallowed; purchase price treated as cost for capital gains with adjustment for prior depreciation.
    The proposal removes goodwill of a business or profession from the class of assets eligible for depreciation by excluding it from the definition of block of assets and from assets covered by section 32, provides transitional rules for blocks and capital gains where depreciation was earlier obtained, and preserves purchase price as cost of acquisition for capital gains subject to reduction by any depreciation claimed prior to the operative year.
    NewsBills
    Show AI Summary
    Statutory time limits shortened for intimation and notices after return filing, and audit-report income adjustments formalised.
    Amendments to section 143 revise processing of returned income to allow adjustments for income increases indicated in audit reports not previously accounted for, and provide consequential changes reflecting earlier amendments to relief provisions. The statutory time limit for issuing intimations under sub section (1) is shortened to nine months from the end of the relevant financial year, and the time limit for issuing notices under sub section (2) is shortened to three months; amendments take effect from 1 April 2021.
    NewsBills
    Show AI Summary
    Adjudicating authority under PBPT Act designated to SAFEMA Competent Authority; limitation period for orders extended to September.
    The Finance Bill designates the Competent Authority under SAFEMA as the Adjudicating Authority under the PBPT Act to commence functions from 1st July, 2021, replacing the interim discharge by the PMLA Adjudicating Authority. It also extends the time limit under sub section (7) of section 26 of the PBPT Act so that any order deadline expiring between 1st July, 2021 and 29th September, 2021 will be extended to 30th September, 2021.
    NewsBills
    Show AI Summary
    Presumptive taxation for professionals clarified: LLPs excluded while individuals, HUFs and partnership firms remain eligible under existing conditions.
    The amendment clarifies that the presumptive taxation provision under section 44ADA applies to residents engaged in specified professions who are individuals, Hindu undivided families or partnership firms, but excludes Limited Liability Partnerships; existing eligibility conditions including the gross receipts threshold and the deemed proportion of profits remain unchanged, and the amendment is effective from 1 April 2021 for the assessment year 2021 22 onward.
    NewsBills
    Show AI Summary
    Scope of Vivad se Vishwas Act clarified to exclude cases settled under IT settlement mechanism, with retrospective amendment.
    The Finance Bill clarifies that the Vivad se Vishwas Act, 2020 does not cover taxes arising from settlements under Chapter XIX-A of the Income-tax Act; amendments to the definitions of "appellant," "disputed tax," and "tax arrear" in VsV are proposed to expressly exclude Chapter XIX-A cases and to operate retrospectively from 17 March 2020.
    NewsBills
    Show AI Summary
    Liable to tax defined to include existence of tax liability under any country's law, including where exemption later granted.
    The proposal inserts clause (29A) into section 2 to define "liable to tax" as a liability to tax on a person under the law of any country, expressly including cases where an exemption is provided after imposition of that liability; the definition is to apply from the statutory effective date and to subsequent assessment years.
    NewsBills
    Show AI Summary
    Refund of excess tax under Income Declaration Scheme now payable without interest to specified persons, retrospectively effective.
    The proviso to section 191 of the Finance Act, 2016 is amended to permit refund of excess tax, surcharge or penalty paid pursuant to declarations under the Income Declaration Scheme, 2016 to a specified class of persons without payment of any interest; this amendment is to take effect retrospectively from 1st June, 2016. Section 187's deeming provision that a declaration is invalid if the tax, surcharge and penalty are not paid by the specified date remains in place.
    NewsBills
    Show AI Summary
    TDS on purchase of goods: new low-rate withholding applies to buyers exceeding turnover threshold and high-value purchases.
    Buyers whose turnover in the preceding financial year exceeds the turnover threshold must deduct tax at a very low prescribed rate on purchases from a seller where aggregate purchases from that seller exceed the specified high-value threshold in the previous year; Central Government may exempt persons by notification. Transactions subject to other withholding or collection are excluded except where concurrent collection would arise - then the purchase withholding applies. Board-issued guidelines, binding on authorities and deductors, and a higher rate where PAN is not provided, are provided for.
    NewsBills
    Show AI Summary
    Higher withholding for non-filers: TDS and TCS to be levied at enhanced prescribed rates on specified non filers.
    A special withholding regime imposes enhanced TDS and TCS rates on a "specified person" who failed to file returns for the two relevant prior assessment years after the filing deadline and whose aggregate TDS/TCS in each year meets a threshold; the TDS rate is the highest of twice the statutory rate, twice the rate in force, or a fixed base rate, and the TCS rate is the higher of twice the statutory rate or the fixed base rate. PAN based higher rates interact so that the greater rate applies; non residents without a permanent establishment are excluded.
    NewsBills
    Show AI Summary
    Exemption cap on provident fund interest limits tax-free interest for high contributions, effective for future assessment years.
    Clauses (11) and (12) of section 10 are amended by a proviso excluding from exemption the interest accrued in a previous year to the extent it relates to contributions exceeding the prescribed monetary threshold in that year, with computation rules to be prescribed and the amendment applying prospectively to specified assessment years.
    NewsBills
    Show AI Summary
    Customs duty definition clarified under Finance Bill, with amendments generally commencing on enactment unless otherwise stated.
    Finance Bill, 2021 defines Basic Customs Duty as the customs duty levied under the Customs Act, 1962 and states that amendments made through the Bill will come into effect on the date of its enactment unless otherwise specified, with clause numbers shown in square brackets to indicate relevant provisions.
    NewsBills
    Show AI Summary
    Common portal enables electronic filing, service and automated amendments in customs procedures, with time limits and penalty enhancements.
    A common portal is introduced to enable electronic registration, filing of bills of entry and shipping bills, submission of prescribed documents, payment of duty and electronic service of orders; the customs automated system may permit risk based amendments and importer/exporter actions on the portal. Conditional exemptions will cease on a prescribed future 31st March unless extended, a two year (plus one year extension) limit is prescribed for proceedings culminating in a section 28 notice, bill of entry filing timing is tightened, pre trial disposal of seized gold requires Commissioner (Appeals) certification, inventories certified by that Commissioner gain evidentiary weight, and new confiscation and penalty provisions target wrongful refund claims and fraudulent invoices.

    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 301 "Interpretation." 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 301 Interpretation

      Income-tax Act, 2025

      At a Glance

      The document is Clause 301 of the Income Tax Bill, 2025 (Old Version) titled "Interpretation" within the Chapter on special procedure for assessment of search cases. It supplies definitions and scope for terms such as "block period", "requisition", "requisitioned items", "search", "seized items", "the last of the authorisations" and "undisclosed income". It matters because these definitions frame assessment, seizure and requisition proceedings u/ss 247-248 and related provisions; affected parties include taxpayers subject to search/requisition, authorised officers and the tax department.

      Background & Scope

      Statutory hooks: Clause 301 is situated in the Income Tax Bill, 2025, under the Chapter dealing with "Special procedure for assessment of search cases". It supplies interpretive definitions to be used "in this Chapter". The clause explicitly references sections 247 and 248 (search and requisition) for the operative processes it supports. The Clause provides definitions that govern temporal scope ("block period"), material objects subject to requisition/seizure ("requisitioned items", "seized items"), process milestones ("the last of the authorisations") and the core fiscal concept used in such proceedings ("undisclosed income").

      Statutory Provision Mode

      Text & Scope

      Clause 301 provides definitional scope for terms used in the Chapter:

      • "block period": Aggregate of two components-(i) six tax years preceding the tax year in which the search was initiated or any requisition was made; and (ii) the period from 1 April of the tax year in which the search/requisition was made up to the date of execution of the last authorisation for such search/requisition.
      • "requisition": Requisition of books of account, other documents or any assets u/s 248.
      • "requisitioned items": Books of account, other documents or money, bullion, jewellery or other valuable article or thing requisitioned u/s 248.
      • "search": A search initiated u/s 247.
      • "seized items": Books of account, other documents or money, bullion, jewellery or other valuable article or thing seized u/s 247.
      • "the last of the authorisations": Deemed executed-(i) for search: on conclusion of search as recorded in the last panchnama drawn in relation to any person in whose case the warrant of authorisation has been issued, irrespective of whether any seizure is recorded; (ii) for requisition: on actual receipt of the books of account, documents or assets by the Authorised Officer.
      • "undisclosed income": Two limbs-(i) money, bullion, jewellery, virtual digital asset or other valuable article or thing or any expenditure or any income based on entries in books/documents/transactions representing wholly or partly income or property not disclosed for purposes of the Act in respect of the block period; or (ii) any expense, exemption, deduction or allowance claimed under the Act which is found to be incorrect, in respect of the block period.

      Interpretation

      The Clause employs temporal and material markers to delineate the ambit of "undisclosed income" and the period for which such income will be examined ("block period"). The first limb of "undisclosed income" focuses on tangible and intangible assets (including "virtual digital asset") and entries/transactions that reflect nondisclosure. The second limb separately addresses incorrect fiscal claims-expenses, exemptions, deductions or allowances-claimed under the Act. The inclusion of both tangible assets and accounting entries suggests a dual focus on physical seizure and documentary/book-entry analysis within the block period. The text signals that the last panchnama in relation to any person is determinative for the conclusion of a search, thus providing a concrete procedural milestone for the operation of time-bound rules linked to the block period.

      Exceptions/Provisos

      No express exceptions or provisos beyond the two-part structure of the "block period" and the two-limbed definition of "undisclosed income" are included within Clause 301. Specific carve-outs, thresholds or exclusions are Not stated in the document.

      Illustrations

      • Example 1: A search initiated on 15 December of tax year Y (warrants executed for multiple persons) will have block period component (i) the six tax years preceding Y, and (ii) from 1 April of Y to the date recorded as conclusion in the last panchnama-this determines the period within which alleged undisclosed income is assessed.
      • Example 2: Books of account seized u/s 247 containing entries asserting certain expenses claimed as deductions for the block period could be treated as evidence of "undisclosed income" under limb (g)(i) or as an incorrect deduction under limb (g)(ii), depending on factual findings made during assessment.

      Interplay

      Clause 301 repeatedly cross-references sections 247 and 248 for the operative acts of search and requisition. The Clause also depends on "panchnama" as a procedural record to mark the conclusion of search operations. No other Rules, Notifications or Circulars are mentioned in Clause 301. Any application of this Clause in relation to other provisions of the Bill or the Act is Not stated in the document.

      Differences between Clause 301 (Old Version) and Section 301 (Income-tax Act, 2025) and Practical Impact

      • Scope marker/heading: The Bill (Clause 301) uses "In this Chapter"; the Act (Section 301) uses "For the purposes of this Part".
        • Practical impact: Terminology shift (Chapter vs Part) is largely stylistic but may reflect reorganisation of the statute; no substantive legal change is indicated in the texts provided.
      • Definitions added/omitted: The Bill contains explicit definitions of "requisitioned items" and "seized items" (books, documents, money, bullion, jewellery or other valuable articles seized/requisitioned u/ss 247/248). The Act text omits these two separate definitions.
        • Practical impact: Omitting explicit labels for "seized items" and "requisitioned items" in the Act reduces immediate textual clarity about what the statute contemplates when referencing seized or requisitioned property. Procedure and evidential handling that depend on named categories may require reliance on the general description in other clauses or on rules/guidance; this increases potential interpretive work for assessors and advisers.
      • Placement and labelling of "the last of the authorisations": Both texts contain a provision deeming when "the last of the authorisations" is executed, with identical operative sub-clauses for search (conclusion as recorded in last panchnama) and requisition (actual receipt). The Bill lists this at (f) while the Act lists similar text at (d).
        • Practical impact: No substantive change; re-lettering only affects cross-references in other sections and transitional drafting adjustments.
      • "Undisclosed income" formulation: The Bill sets out "undisclosed income" in a two-part structure (g)(i) and (g)(ii): (i) items/entries/transactions representing undisclosed income; or (ii) any expense/exemption/deduction/allowance claimed under the Act which is found to be incorrect. The Act consolidates the concept under (e), merging the two ideas into one continuous sentence and, per the appended note, corrects a typographical error ("or or any" corrected to "or any").
        • Practical impact: Substantively the Act appears to preserve both limbs of the Bill's definition, but the Act's merged wording could affect syntactic clarity and the parsing of whether the second limb is an alternative or a continuation. The corrigenda indicates only a textual correction, not a policy change.
      • Terminology for virtual assets: Both texts expressly include "virtual digital asset" in the list of items capable of constituting undisclosed income.
        • Practical impact: Confirms legislative intent to treat virtual assets on par with traditional valuables in search/requisition contexts.
      • Minor editorial differences: The Bill uses semicolons and clause divisions (a)-(g); the Act uses (a)-(e) with subclauses.
        • Practical impact: Largely drafting-style; may require attention in drafting cross-references and rules.

      Practical Implications

      • Compliance and risk areas: The Clause identifies a multi-year window ("block period") for investigation of undisclosed income, incorporating both the six preceding tax years and the year-of-search period up to the last authorisation. Taxpayers subject to search/requisition must be cognisant that both physical assets (including VDA) and documentary entries for that combined period are within scope.
      • Record-keeping/evidence points: Because "requisitioned items" and "seized items" explicitly include books of account and various forms of valuables, maintaining contemporaneous documentation, clear provenance and substantiation of claimed expenses/exemptions for the block period will be essential. The Clause makes the panchnama the operative record for concluding a search; therefore preservation and contestation of panchnama contents may be critical in subsequent proceedings.

      Key Takeaways

      • Clause 301 defines "block period" as six tax years preceding the tax year of search/requisition plus the part of that tax year up to the last authorisation.
      • Both physical assets (including money, bullion, jewellery and virtual digital assets) and documentary/book entries are captured within "undisclosed income".
      • The Clause separately recognises incorrect claims of expense, exemption, deduction or allowance as constitutive of "undisclosed income".
      • Procedural milestone: the last panchnama (for searches) and actual receipt by Authorised Officer (for requisition) determine the completion of authorisation for temporal calculations.
      • "Requisitioned items" and "seized items" are separately defined to include books of account and valuables, thus clarifying the kinds of materials that can be requisitioned or seized u/ss 247-248.
      • The Clause does not set out exceptions, thresholds, rights of persons from whom items are seized/requisitioned, or detailed procedural safeguards-those are Not stated in the document.
      • References to other legislative instruments, dates of effect, appeals or procedures post-seizure/requisition are Not stated in the document.

      Full Text:

      Section 301 Interpretation

      Topics

      ActsIncome Tax