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Case Laws GST
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Non-business construction concessions for spinning mills require eligible recipient status and predominantly non-industrial use of the constructed buildings.
For the disputed period, the works-contract concession required both an eligible governmental recipient and structures predominantly meant for use other than commerce, industry, business or profession. Government Entity status required evidence of the recipient's constitution and qualifying governmental participation, while procurement had to relate to entrusted work. Project funding, tender approval and supervision did not by themselves establish governmental constitution or control. The spinning-mill factory buildings and allied works were intended for yarn production and related commercial activities. The residual construction-services entry carried aggregate GST of 18% for services outside the specified concessional entries.
Case Laws Customs
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Import document handling alone does not establish customs abetment or knowing use of materially false declarations.
Personal customs penalties depend on the person's own conduct, not merely on the confiscability of imported goods. Under Section 112(a) of the Customs Act, 1962, liability may arise from a person's own act or omission rendering goods liable to confiscation or from abetment of such conduct. The direct limb can operate on a strict-liability basis where a person's own act or omission renders goods confiscable; an allegation of abetment instead requires evidence of participation or culpable facilitation. Section 114AA requires knowing or intentional making, signing or use, or causing the making, signing or use, of a declaration, statement or document that is materially false or incorrect in customs business.
Case Laws GST
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Subcontracted services performed on own account are not intermediary services merely because they support overseas recruitment and customer-facing activities.
Intermediary classification under Section 2(13) of the IGST Act distinguishes arranging or facilitating supplies between other persons from supplying services on one's own account. The intermediary framework requires at least three parties, a main supply and a distinct ancillary facilitating supply, with conduct resembling that of a broker or agent. Subcontracting the whole or part of a service is not intermediary activity merely because performance supports another supplier's business or involves its customers. Neither a bilateral agreement, contractual label nor remuneration method is conclusive.
Case Laws Customs
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Split air conditioner classification requires capacity and refrigeration features to be assessed against the applicable tariff hierarchy.
Classification of ductless split air conditioners depends on the complete tariff description and the machine's technical characteristics. A complete, cooling-only, two-ton split air conditioner incorporating a refrigerating unit and lacking a heat-reversal valve falls within tariff item 8415 82 10 rather than the general split-system item 8415 10 10. Item 8415 82 10 inherits its parent subheading's refrigerating-unit requirement, while item 8415 83 10 requires the absence of such a unit. Capacity alone does not establish the applicable refrigeration-based entry. Technical evidence should establish whether the goods are a complete machine and identify their capacity and operating features.
Case Laws Income Tax
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Convertible debenture interest requires evidence-based pricing before conversion; future equity conversion alone cannot establish a nil arm's length price.
Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.
Case Laws Customs
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Split motorcycle consignments require evidence of deliberate fragmentation for composite classification, with valuation assessed independently of classification.
Clubbing of split consignments for customs classification depends on proof that apparently separate imports form one deliberately fragmented transaction, not merely on the possibility of assembly. Rule 2(a) extends a tariff heading to an incomplete article possessing the essential character of the complete article and also covers a complete article presented disassembled. A change of tariff heading alone does not establish that the transaction value is inaccurate; substantive misdescription of the goods requires separate evidentiary consideration. Replacement value must follow the prescribed sequence of methods.
Case Laws GST
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Corporate guarantee taxation depends on distinguishing taxable supply from valuation, particularly for unpaid support between related businesses.
GST on corporate guarantees requires separate consideration of whether a taxable supply exists and how that supply is valued. Section 7(1)(c) and Schedule I encompass qualifying supplies between related or distinct persons without consideration when made in the course or furtherance of business. Rule 28(2) deems the value of a guarantee furnished to a banking company or financial institution for a related recipient in India to be one per cent of the guaranteed amount per annum or actual consideration, whichever is higher. Where the recipient is eligible for full input tax credit, the proviso treats the value declared in the invoice as the value of the supply.
Case Laws Income Tax
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Employee secondment taxation depends on employment rights, service consideration and demonstrable transfer of technical capability to host entities.
Local operational control and a stated suspension of foreign employment do not, by themselves, resolve whether underlying foreign employment rights survive. Under Article 12(4)(b) of the India-USA DTAA, technical or consultancy services must make technical knowledge, experience, skill, know-how or processes available, or involve development and transfer of a technical plan or design. Under the knowledge-transfer limb, the recipient must acquire a capability it can use independently; the mere application of expertise or presence of qualified personnel is insufficient. Recovery at actual cost and absence of markup do not, by themselves, establish that a foreign enterprise's receipt is non-taxable.
Case Laws GST
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GST appellate pre-deposits may be satisfied by verified earlier payments after demand reduction, but filing fees remain independently payable.
When the first appellate authority substantially reduces the disputed tax demand, an earlier deposit may be sufficient to satisfy the Tribunal-stage requirement, subject to verification. Sufficiency depends on the reduced liability, the applicable appellate requirements and the amount actually deposited; a first appellate payment does not automatically eliminate the additional obligation. Tribunal filing fees under Section 112(7) operate independently of pre-deposit. Where a fee shortfall and earlier deposit require verification, proof of fee payment and verification of the deposit precede consideration of admission.
Case Laws Income Tax
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Inter-co-operative society interest exemption preserves non-deduction by co-operative banks when depositors are co-operative societies under the statutory withholding framework.
Section 194A(3)(v) separately addresses interest paid by a co-operative bank to a member and interest paid by a co-operative society to another co-operative society. The exclusion of co-operative banks is confined to the member-payment limb; a co-operative bank remains a co-operative society for the inter-co-operative society limb. Paragraph 42.7 of Circular No. 19/2015 preserves non-deduction, including time-deposit interest, where the depositor is a co-operative society. Section 80P does not determine this withholding obligation.
Case Laws GST
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Input tax credit reversal requires evidence linking supplier non-payment to recipient ineligibility and a reasoned statutory inquiry.
Input tax credit under Section 16(2)(c) remains conditional on actual payment of tax to Government, but supplier non-payment or retrospective cancellation cannot by itself justify reversal. The recipient must establish eligibility through transactional evidence, while the proper officer must investigate the particular supply, disclose supplier-default and recovery material, apply the law applicable to the relevant period, and issue a reasoned, notice-bound determination. Supplier recovery status and protection against duplicate collection are material considerations.
Case Laws Customs
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Baggage-related customs appeals proceed through statutory revision when the jurisdictional exclusion applies to passenger imports.
The first proviso to section 129A(1) excludes Appellate Tribunal jurisdiction over an order under section 128A relating to goods imported or exported as baggage. The decisive issue is the order's connection with baggage, not disputes concerning confiscation, declaration, duty, personal effects, concealment, concession, or penalty. Articles carried by an international passenger in luggage or on the person may constitute baggage. Section 129DD provides revision before the Central Government, ordinarily within three months, subject to a further period on sufficient cause.
Case Laws GST
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Departmental GST appeal monetary limits regulate officers, while composite orders and proven recurring issues may permit appeals.
Sections 120 and 168 of the Central Goods and Services Tax Act, 2017 make monetary-limit directions binding within the Central tax hierarchy, while they regulate the executive decision to file rather than create an inflexible jurisdictional bar before the Tribunal. In a composite order disposing of multiple appeals or demand notices, the relevant amount is the total disputed tax, interest, penalty or late fee, as applicable. The recurring or interpretative-issue exclusion requires a reasoned, case-specific basis, and Commissioner authorisation does not itself establish compliance with the litigation policy.
Case Laws GST
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E-way bill re-use allegations require corroborated proof identifying the same goods; vehicle movement alone cannot establish contravention.
Alleged re-use of invoices and e-way bills requires the seizing authority to establish through positive, corroborated evidence that the intercepted goods are the same consignment previously transported under those documents. Toll data, vehicle movements and photographs may justify inquiry but do not alone prove prior delivery, identity of goods or re-use. Where invoices and e-way bills accompany the goods and physical verification shows no discrepancy, the authority must investigate and address any explanation of a different earlier consignment. Cases involving absent or expired transport documents remain factually distinct.
Case Laws GST
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Zero-rated supply turnover includes export invoices from the refund period when actual export is subsequently established under bond or LUT.
Under Rule 89(4), invoice values for goods invoiced before or at removal for export under bond or Letter of Undertaking may be included in zero-rated turnover for the relevant refund period, although physical export occurs later. The invoice and removal determine period-wise attribution for the refund formula, while actual export remains essential to sustain the claim. Shipping bills, bills of export and related export records must correlate with the export invoices to establish that the goods were ultimately exported. Compliance with valuation, input tax credit eligibility and bond or Letter of Undertaking conditions remains necessary.
Case Laws Income Tax
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Reassessment objections require speaking disposal and a four-week pause before scrutiny or information requests can begin.
Under the pre-amendment Section 148 framework, reassessment jurisdiction must be resolved before merits-stage scrutiny begins. The Assessing Officer must furnish recorded reasons when requested, permit objections, and decide them through a separate speaking order. A Section 143(2) notice commences scrutiny, while a Section 142(1) notice is a substantive inquiry step; neither may issue before objections are decided. Following rejection, a four-week period from service of the speaking order must be allowed before further reassessment action, preserving an effective opportunity to challenge reopening.
Case Laws GST
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Suppression of facts requires proof of deliberate tax evasion; ineligible input tax credit alone cannot support enhanced proceedings.
Section 74 permits enhanced tax determination for wrongly availed or utilised input tax credit only where fraud, wilful misstatement, or suppression of facts to evade tax is established. Wrong or ineligible credit is distinct from substantive credit eligibility and cannot, without evidence of deliberate conduct and intent, amount to suppression. Under historical Explanation 2, suppression required either omitted information legally required in prescribed filings or failure to provide information sought in writing; both operate subject to the statutory evasion requirement. Disclosed reconciliations and portal records materially weaken a bare allegation of non-declaration.
Case Laws Customs
Show AI Summary
Organic surface-active agent classification requires water solubility and stability; phase-separating low-ethoxylated products fall outside Heading 3402.
Classification of low-ethoxylated non-ionic fatty alcohol ethoxylates under Heading 3402 requires satisfaction of the cumulative water test in Chapter Note 3. At the prescribed concentration, temperature, and standing period, the product must both remain a transparent or translucent liquid, or stable emulsion, without phase separation and reduce water surface tension to the stated threshold. Non-ionic character or surface activity alone is insufficient. Where a low-ethoxylated product separates into layers and fails the solubility and stability requirement, Heading 3824 may be considered after exclusion from Heading 3402.
Case Laws Customs
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Lawful customs seizure requires recorded confiscation grounds, formal restraint where needed, and timely notice; detention cannot bypass safeguards.
Customs seizure of an imported car requires recorded reason to believe that it is liable to confiscation. A panchnama restraint cannot replace a lawful seizure order, an undertaking where seized goods remain in custody, or a served non-dealing order where seizure is impracticable. Section 110(2) requires prompt notice under Section 124, subject only to the prescribed extension mechanism. Prolonged effective detention cannot postpone those safeguards. Provisional release under Section 110A applies only to goods lawfully seized and cannot validate an earlier detention without statutory authority.
Case Laws Companies Law
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Corporate veil-piercing permits forensic scrutiny in execution where promoter-controlled entities may dissipate shareholding despite judicial assurances.
Corporate veil-piercing in execution is an exceptional response where promoters allegedly use layered entities and securities transactions to deplete shareholding represented as security through judicial assurances. Separate personality remains the rule, and control or ownership alone does not suffice; there must be a nexus between control, misuse of the corporate form, and frustration of enforcement. A forensic audit reconstructs share movements, pledges, sales, financing, approvals, disclosures, and fund flows, distinguishing legitimate enforcement of pre-existing security from coordinated asset dissipation.

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Comparison of section 349 "Return of income." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

11 September, 2025

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Section 349 Return of income.

Income-tax Act, 2025

At a Glance

These documents set out Clause/Section 349 concerning the return of income by registered non-profit organisations. They matter because they prescribe when and how such entities must file returns if their total income (prior to application of exemptions under the Part) exceeds the basic exemption limit. The provisions affect registered non-profit organisations and the tax administration. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: the texts reference the Income-tax Act framework and specifically cross-reference section 263(1)(a)(iii) (and related sub-sections) concerning return filing requirements and time limits. The subject matter is the obligation of a registered non-profit organisation to furnish a return of income where, before applying the special provisions of the Part, its total income exceeds the maximum non-taxable amount in a tax year. Definitions or other explanatory provisions: Not stated in the document.

Statutory Provision Mode

Text & Scope

Coverage: The provision applies to a "registered non-profit organisation" whose "total income", prior to applying the Part's exemptions or special provisions, exceeds the "maximum amount which is not chargeable to income-tax" in a tax year. The obligation is to "furnish the return of income" for that tax year in accordance with specified provisions of section 263. The operative trigger is the comparison of total (gross) income before applying the Part to the statutory threshold for non-taxability.

Interpretation

Legislative intent and interpretive principles indicated by the text: The wording indicates a clear legislative intention to require returns where a registered non-profit organisation's income crosses the general non-taxable threshold even if the Part provides special tax treatment. The cross-reference to section 263 suggests reliance on general return-filing rules rather than creating bespoke procedural rules within this clause. Beyond that, no express legislative history, purpose provision, or interpretive guidance is provided in the document. Not stated in the document.

Exceptions/Provisos

Carve-outs, thresholds, conditions: The text itself contains a built-in qualification - the comparison is "without giving effect to the provisions of this Part" - which operates as a methodological instruction for computing the income for the trigger. No other exceptions, provisos, thresholds or conditional suspensions are set out in the text. Details about what constitutes "registered non-profit organisation" for this clause, or any thresholds numerically, are Not stated in the document.

Illustrations

  • Example 1: A registered non-profit reports gross receipts such that, before applying Part-specific exemptions, its total income is above the statutory basic exemption limit. Under the provision, it must file a return for that tax year in accordance with the cross-referenced provisions of section 263. (This is a direct reading of the text.)
  • Example 2: A registered non-profit whose total income, prior to Part adjustments, is below the maximum non-taxable amount need not be captured by this clause and therefore would not be required under this provision to file on that ground. (Direct textual implication.)
  • Example 3: Not stated in the document: any specific numeric threshold or dates for compliance; procedural forms; or penalties for non-compliance are not provided in the text.

Interplay

Interaction with Rules/Notifications/Circulars mentioned in the document: The clause cross-references section 263(1)(a)(iii) and a sub-clause of section 263 for the time limit (either (1)(b) in the Bill or (1)(c) and (2) in the enacted text). The provision therefore operates in conjunction with section 263's filing and timing regime. Other Rules, Notifications, or Circulars are Not stated in the document.

Differences Between the Two Versions

  • Reference to time limit: The Bill (old version) cross-references subsection (1)(b) of section 263 for the time limit; the enacted Section 349 cross-references section 263(1)(c) and explicitly includes section 263(2).
    • Practical impact: The enacted text appears to change which sub-paragraph of section 263 governs the filing deadline and adds express reference to subsection (2) of section 263, potentially broadening or clarifying the temporal or procedural rule applicable. The Bill version refers only to subsection (1)(b) (a different sub-clause) and omits subsection (2).
  • Scope of cross-reference to section 263: The enacted provision repeats both clause (1)(a)(iii) and clause (2) of section 263 but alters the sub-clause cited for the time limit from (1)(b) to (1)(c).
    • Practical impact: This change may shift which specific procedural provision sets the filing deadline (for example, the nature of the deadline or extensions) and whether additional procedural requirements in section 263(2) apply. Absent the full text of section 263 in these documents, the precise legal consequence is dependent on the content of those sub-clauses.
  • Terminology: Both texts use the phrase "without giving effect to the provisions of this Part" and "exceeds the maximum amount which is not chargeable to income-tax". They are substantially identical except for the internal cross-references noted above.
    • Practical impact: Minimal substantive change to the core obligation; the material difference is the technical cross-reference to timing and possibly procedure.

Practical Implications

  • Compliance and risk areas: Entities that are registered as non-profit organisations should evaluate their total income on a "pre-Part" basis to determine whether liability to file a return is triggered. The key compliance risk is failure to file where the pre-Part income exceeds the statutory non-taxable limit. Because the enacted text modifies the cross-reference to section 263, there may be uncertainty about exact filing deadlines or procedural mandates; practitioners should consult section 263 itself (not provided) to determine timelines and any special procedural obligations.
  • Record-keeping/evidence points suggested by the text: Maintain contemporaneous records demonstrating computation of "total income" before applying Part-specific provisions, and documentation supporting registration status. Keeping clear working papers showing the pre-Part calculation will be essential if the department queries the filing requirement. Any details about specific documents or periods are Not stated in the document.

Key Takeaways

  • The clause requires registered non-profit organisations to file returns when their total income, before applying the Part's special provisions, exceeds the basic non-taxable threshold.
  • The principal difference between the Bill and enacted provision is the internal cross-reference to timing/procedural sub-clauses of section 263: the Bill cited section 263(1)(b); the enacted text cites section 263(1)(c) and section 263(2).
  • The core substantive obligation is unchanged; the change is technical and pertains to which specific filing time limit and possibly additional procedural provisions apply.
  • Practical consequence: practitioners must consult section 263 in full to determine exact filing deadlines and any procedural consequences stemming from the revised cross-reference.
  • The text does not provide numeric thresholds, definitions of "registered non-profit organisation", or effective dates; these are Not stated in the document.

Action Points

  • Review section 263 in the statute to ascertain precise filing deadlines and any procedural steps referenced by the enacted cross-references.
  • Ensure registered non-profit organisations maintain the pre-Part income computations and supporting records to demonstrate whether the filing obligation is triggered.
  • Monitor for any subordinate legislation or guidance that clarifies definitions, thresholds, or filing forms referenced by this clause. Not stated in the document whether such guidance exists.

Full Text:

Section 349 Return of income.

Topics

Acts Income Tax