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
    Refund of IGST - Export of goods - only because the exporter had claimed drawback @ 1% in regard to ...
    Time limit for availing Input Tax Credit (ITC) - whether GSTR-3B is a return u/s 39(1) of Central GS...
    NewsBills
    Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” an...
    NewsBills
    Rate of Tax for TDS / Advance Tax -  Individual, Hindu undivided family, association of persons, bo...
    NewsBills
    Rate of Tax for TDS / Advance Tax -  Co-operative Societies
    NewsBills
    Rate of Tax for TDS / Advance Tax -  Firms
    NewsBills
    Rate of Tax for TDS / Advance Tax -  Local authorities
    NewsBills
    Rate of Tax for TDS / Advance Tax -  Companies
    NewsBills
    WIDENING AND DEEPENDING OF TAX BASE - Tax Deduction at Source (TDS) on payment by Individual/HUF to ...
    NewsBills
    TDS at the time of purchase of immovable property
    NewsBills
    Deemed accrual of gift made to a person outside India
    NewsBills
    Mandatory furnishing of return of income by certain persons
    NewsBills
    Inter-changeability of PAN & Aadhaar and mandatory quoting in prescribed transactions.
    NewsBills
    Consequence of not linking PAN with Aadhaar
    NewsBills
    Widening the scope of Statement of Financial Transactions (SFT)
    NewsBills
    MEASURES FOR PROMOTING LESS CASH ECONOMY - Prescription of electronic mode of payments
    NewsBills
    TDS on cash withdrawal to discourage cash transactions
    NewsBills
    Mandating acceptance of payments through prescribed electronic modes
    NewsBills
    TAX INCENTIVES - Incentives to International Financial Services Centre (IFSC):
    NewsBills
    Incentives to Non-Banking Finance Companies (NBFCs)
❯❯
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
    Case LawsGST
    Show AI Summary
    Zero-rated supplies entitlement: IGST refund cannot be denied solely because exporter claimed higher drawback; statutory rules prevail.
    The statutory refund regime treats the shipping bill as a deemed application for IGST refund on exports and allows withholding of refund only in the specific, enumerated circumstances provided by the rules. Administrative circulars cannot override the statute; availing a higher duty drawback or technical limitations in departmental systems do not, without falling within the prescribed withholding contingencies, defeat an exporter's entitlement to IGST refund for zero-rated supplies.
    Case LawsGST
    Show AI Summary
    Input Tax Credit time limit: GSTR 3B is a temporary stopgap and does not fix the statutory monthly return deadline.
    The Court held that GSTR 3B was implemented as a temporary stopgap and was not intended to replace the statutory monthly return; an administrative press release treating GSTR 3B filing as the outer date to avail Input Tax Credit conflicted with the statutory time limit provision and the rules prescribing the monthly return form and manner.
    NewsBills
    Show AI Summary
    Rates for deduction of income-tax at source from salaries set and applied to advance tax and special-case assessments.
    Part III of the First Schedule prescribes rates for deduction of income-tax at source from salaries and for computation of advance tax for the financial year 2019-20; those rates also apply to charging income-tax on current incomes in special assessment cases such as provisional assessment of non-resident shipping profits, assessments of persons leaving India, persons likely to transfer property to avoid tax, and short-duration bodies.
    NewsBills
    Show AI Summary
    Income-tax rates and surcharge rules set slab-based taxation with a graduated surcharge and limits on surcharge impact.
    Slab-based income tax rates are prescribed for individuals, HUFs, AOPs, BOIs and artificial juridical persons with separate resident senior citizen slabs; computed tax is subject to a graduated surcharge for higher incomes, accompanied by a cap mechanism preventing the total tax-plus-surcharge on an income from exceeding the tax at the relevant bracket threshold by more than the excess income above that threshold.
    NewsBills
    Show AI Summary
    Tax rates for co-operative societies remain unchanged; a surcharge with a cap applies to high income societies.
    Rates of income-tax for co-operative societies remain as specified in Paragraph B of Part III of the First Schedule to the Finance Bill, unchanged from the prior year. A surcharge applies to the income-tax of societies exceeding a high-income threshold, subject to a cap that prevents total tax and surcharge from exceeding the tax at the threshold by more than the excess income.
    NewsBills
    Show AI Summary
    Firm tax rate unchanged; surcharge applies to high income firms with a statutory cap limiting surcharge on excess income.
    Rate of tax for firms for TDS and advance tax remains unchanged from the prior year; a surcharge of twelve per cent is levied where a firm's total income exceeds one crore rupees, subject to a cap that limits the aggregate income tax and surcharge on income above the threshold to not exceed the tax on the threshold amount by more than the excess income.
    NewsBills
    Show AI Summary
    Surcharge on local authority income applies above a threshold, with a statutory cap limiting aggregate tax increase.
    The income-tax rate for local authorities is maintained at the prior year's level for purposes of TDS and advance tax; a statutory surcharge is levied where total income exceeds a prescribed threshold. A statutory cap limits the combined income-tax and surcharge so that the aggregate tax on income above the threshold does not exceed the income-tax payable as if income equalled the threshold by more than the excess income.
    NewsBills
    Show AI Summary
    Corporate tax rate revised, varying by domestic status; surcharge and health and education cess apply.
    Income tax rates for companies distinguish domestic and other companies, with domestic companies below a specified turnover threshold subject to a lower rate and others taxed at a higher rate. Surcharge is levied in graded bands for domestic and non domestic companies, with marginal relief caps limiting excess tax attributable to incomes above prescribed thresholds. Certain specified company cases attract a prescribed surcharge rate. A Health and Education Cess is levied on tax including surcharge, and marginal relief is not available in respect of that cess.
    NewsBills
    Show AI Summary
    TDS on individual and HUF payments to contractors and professionals: new withholding applies above threshold; PAN may be used instead of TAN.
    Section 194M imposes withholding on payments by individuals and Hindu undivided families to resident contractors and professionals where the aggregate annual payments exceed the statutory threshold; tax is to be deducted at the prescribed withholding rate and may be deposited using the payer's Permanent Account Number, relieving such payers from the requirement to obtain a Tax Deduction Account Number.
    NewsBills
    Show AI Summary
    TDS on transfer of immovable property now covers ancillary charges, expanding 'consideration' to include fees incidental to sale.
    The Explanation to Section 194-IA is amended to state that consideration for immovable property includes ancillary charges payable by the buyer-such as club membership, car parking, electricity and water facility fees, maintenance fees, advance fees and other similar incidental charges-thereby making these amounts part of the taxable base for TDS on transfer of immovable property other than agricultural land.
    NewsBills
    Show AI Summary
    Deemed accrual of gifts: transfers by Indian residents to nonresidents treated as taxable in India under new provision.
    Gifts of money or property made by a person resident in India to a person outside India, where the property is situated in India or sums are paid, are deemed to accrue or arise in India for tax purposes when made on or after 5 July 2019; existing statutory gift exemptions continue to apply and applicable DTAA provisions remain operative. The amendment takes effect from 1 April 2020 and applies to assessment year 2020-21 onward.
    NewsBills
    Show AI Summary
    Mandatory return filing for high-value transactions expands to include transaction and rollover-based filing triggers.
    Amendments mandate filing of income tax returns by individuals who, during the previous year, undertake specified high-value transactions-including large current account deposits, significant foreign travel expenditure, or substantial electricity consumption-or meet other prescribed conditions; and require persons claiming capital gains rollover exemptions on reinvestment in specified assets to file returns when their pre-rollover total income exceeded the basic exemption limit, even if post-claim income is below that limit.
    NewsBills
    Show AI Summary
    Inter-changeability of PAN and Aadhaar: Aadhaar may be quoted in lieu of PAN and recipients must ensure authentication.
    Proposed amendments allow a person required to quote PAN to furnish an Aadhaar number in lieu of PAN and provide that persons entering certain prescribed transactions who lack a PAN must apply for one; recipients of documents must ensure PAN or Aadhaar is duly quoted and authenticated, and a penalty provision is amended to enforce compliance.
    NewsBills
    Show AI Summary
    PAN-Aadhaar linkage: failure to intimate Aadhaar renders PAN inoperative while preserving prior transactions under proposed amendment.
    Failure to intimate Aadhaar will result in the PAN being made inoperative in the prescribed manner rather than being deemed invalid, with an express provision preserving the validity of transactions previously carried out through that PAN; the amendment is prospective and will take effect from the notified effective date.
    NewsBills
    Show AI Summary
    Statement of Financial Transactions reporting: expanded mandatory reporting, threshold removed and penalties broadened to enhance tax pre-filling.
    Mandatory reporting under the Statement of Financial Transactions is widened to require additional prescribed persons to furnish SFTs, the existing aggregate transaction threshold for reporting is removed to include small-value transactions, defects unrectified within the prescribed time will be treated as furnishing inaccurate information, and penalty provisions are expanded to cover all reporting entities; these amendments take effect from 1st September, 2019.
    NewsBills
    Show AI Summary
    Electronic payment requirement extended to include prescribed electronic modes, altering payment compliance and tax treatment from specified effective dates.
    Amendments add "other electronic mode as may be prescribed" to the list of acceptable non cash payment modes across multiple income tax provisions, so payments or receipts through prescribed electronic instruments will satisfy statutory conditions for donation exemption, capital expenditure recognition, disallowance avoidance, actual cost determination, stamp duty linked valuation, presumptive taxation eligibility, and employment related deductions. The changes apply from specified effective dates: most tax treatment provisions from 1 April 2020 and the prohibitions on specified cash receipts/repayments from 1 September 2019.
    NewsBills
    Show AI Summary
    TDS on cash withdrawals to apply when annual cash withdrawals exceed a threshold, with specified institutional exemptions.
    Section 194N creates a TDS obligation on cash payments from a recipient's account by banks, cooperative banks and post offices when annual aggregate cash withdrawals exceed a prescribed threshold, targeting reduction of cash transactions; specified institutional recipients are exempted, and the Central Government may notify further exemptions in consultation with the Reserve Bank of India, with a statutory commencement provision.
    NewsBills
    Show AI Summary
    Mandatory electronic payment acceptance requires businesses above a turnover threshold to provide prescribed digital payment facilities, with daily penalties.
    A new provision requires persons carrying on business whose total sales, turnover or gross receipts in the immediately preceding previous year exceed a specified turnover threshold to provide facilities for accepting payments through the prescribed electronic modes. Failure to provide such prescribed electronic payment facilities attracts a daily monetary penalty, subject to proof of good and sufficient reasons, with penalty imposition by the Joint Commissioner. A consequential amendment prohibits banks and system providers from imposing any charge for using the prescribed electronic payment modes.
    NewsBills
    Show AI Summary
    IFSC tax incentives expand tax-neutral transfers and exemptions to promote external borrowing and extended profit-linked deductions.
    Proposed IFSC tax measures include treating transfers of specified securities by Category III AIFs with all non-resident unit-holders as not constituting transfer, empowering notification of additional securities, exempting interest payable to non-residents on borrowings by IFSC units, extending tax neutrality to dividends paid out of accumulated IFSC income, exempting distributions by mutual funds in IFSC with all non-resident unit-holders from additional tax, ensuring full access to profit-linked deductions for IFSC units by removing restrictive computation conditions, and increasing the one-hundred-per-cent deduction to any ten consecutive assessment years within a fifteen-year window.
    NewsBills
    Show AI Summary
    Interest recognition rule extended to regulated NBFCs, with deductions allowed only when interest is actually paid by return-filing deadline.
    The accrual-exception that taxes interest on bad or doubtful debts when credited or received is extended to include deposit-taking NBFCs and systemically important non-deposit-taking NBFCs; correspondingly, interest deductions for payments to these NBFCs are allowable only if actually paid on or before the due date for filing the return of income, aligning their tax treatment with other regulated financial institutions.

    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