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
    A registered person opting for composition scheme is not allowed to make any inter-State outward sup...
    GST - Whether a Job worker is eligible to avail the benefit of Composition Scheme u/s 10? What happe...
    GST - Whether a Works contractor having turnover below ₹ 75 lacs is eligible to avail benefit ...
    GST - Whether all the manufactures are eligible to avail the benefit of Composition Scheme? If no, w...
    Case LawsCentral Excise
    Classification (HSN Code) for "Hand Trolley or Fork Lift"-Interpretation of Tariff (84.27 or 84.31)
    Case LawsCentral Excise
    Classification (HSN Code) for "Pantoon with spuds"-Interpretation of Tariff (8905 or 8907)
    Case LawsCentral Excise
    Classification (HSN Code) for "Rice and Spice"-Interpretation of Tariff ( 11.01 or 21.08)
    Case LawsCentral Excise
    Classification (HSN Code) for "Soft Serve"-Interpretation of Tariff ( 21.05 or 04.04 or 2108.91)
    Case LawsCentral Excise
    Classification (HSN Code) for "Povidone Iodine Cleansing Solution USP and Wokadine Surgical Scrub" -...
    Case LawsCentral Excise
    Classification (HSN Code) for " Slagwool and Rockwool"-Interpretation of Tariff ( 6807.10 or 6803)
    Case LawsCentral Excise
    Classification (HSN Code) for "Scrabble"-Interpretation of Tariff ( 9403 or 9504)
    Case LawsCentral Excise
    Classification (HSN Code) for "Aluminium Castings"-Interpretation of Tariff ( 3003.31 or 33.06)
    Case LawsCentral Excise
    Classification (HSN Code) for "Aluminium Castings"-Interpretation of Tariff (84.09 or 84.32)
    Case LawsCentral Excise
    Classification (HSN Code) for Addition of Perfume in Hair Oil Product-Interpretation of Tariff ( 330...
    Case LawsCentral Excise
    Classification (HSN Code) for "Chillers"-Interpretation of Tariff (84.18 or 84.19)
    Case LawsCentral Excise
    Classification (HSN Code) for "Paving Blocks"-Interpretation of Tariff (6807.90 or 6807.20)
    Case LawsCentral Excise
    Classification (HSN Code) for "Royan Grade Wood Pulp"-Interpretation of Tariff (48.18 or 56.01)
    Case LawsCentral Excise
    Classification (HSN Code) for "Johnson's Prickly Heat Powder and Phipps Processed Talc are patent or...
    Case LawsCentral Excise
    Classification (HSN Code) for a product uses for "Therapeutic or Prophylactics"-Interpretation of Ta...
    Case LawsCentral Excise
    Classification (HSN Code) for "Dimethicone"-Interpretation of Tariff (3003.20 or 3910.00)
❯❯
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
    Act RulesGST
    Show AI Summary
    Composition scheme prohibits inter state outward supplies, triggering immediate withdrawal and normal GST liability if violated.
    A registered person availing the composition scheme cannot make inter state outward supplies; place of supply outside the state requires issuance of a Bill of Supply only, and an inter state supply triggers immediate withdrawal of the composition scheme by operation of law. Withdrawal converts liability to tax under normal provisions, requires filing FORM GST CMP-04 electronically, and exposes the person to additional tax and penalty determination by the proper officer if composition was wrongly availed.
    Act RulesGST
    Show AI Summary
    Job worker treated as service under Schedule entry - excluded from composition scheme even if activity amounts to manufacture.
    A person undertaking treatment or process on another's goods is classified as a service provider under the statutory definition of job work and the Schedule entry treating such treatment as a supply of services; therefore, even if the activity amounts to manufacture, the nature of supply remains a service and the job worker is excluded from the composition scheme.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility: service providers generally excluded, restaurant food service providers allowed; works contractors ineligible.
    Composition scheme excludes service providers generally, so a works contractor is ineligible; however, supply of food or drink (excluding alcoholic liquor) provided as a service for consideration is carved out as an exception, permitting restaurant-style vendors to avail composition benefits under the composition levy conditions and restrictions.
    Act RulesGST
    Show AI Summary
    Composition scheme eligibility restricted for certain manufacturers; ice cream, pan masala and tobacco products excluded from composition benefit.
    The Composition Scheme allows manufacturers and traders to opt for a simplified levy instead of regular GST, but the government may notify exclusions. Manufacturers of ice cream and other edible ice, pan masala, and tobacco and manufactured tobacco substitutes are explicitly excluded from eligibility to avail the composition benefit.
    Case LawsCentral Excise
    Show AI Summary
    Classification of fork lift equipment: pallets are not parts and therefore fall under independent goods classification, not vehicle parts.
    Pallets used with fork lift trucks are not parts because the fork lift operates without them; the parts classification guidance does not apply to goods merely used with machinery, so the pallets must be classified as independent goods rather than as parts of the trucks.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: pantoon with spuds falls under specialized vessel heading, prompting remand over inadequate tribunal reasoning.
    The expression "pantoon with spuds" is to be classified under the tariff provision for specialized vessel units rather than the alternative heading relied on by the respondent. An appellate tribunal must issue a speaking order addressing the Commissioner's reasoning when disagreeing; it cannot allow an appeal on an issue not raised in reply to the show cause notice or not argued before the Commissioner, and the matter was remanded for reconsideration.
    Case LawsCentral Excise
    Show AI Summary
    Product classification: mixed rice with spices treated as rice under tariff, not a manufactured spice preparation.
    Classification turns on whether mixing raw rice with dehydrated vegetables and spices amounts to manufacture. If the essential characteristic of rice remains and the article continues to be a milling industry product, it must be classified under the milling-related tariff provision rather than as a prepared-food manufactured article.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Soft Serve classified under prepared foodstuffs, not dairy or ice-cream headings, for excise purposes.
    The product Soft Serve is to be treated as a prepared foodstuff under Sub-Heading 21.05 rather than as a dairy product or an ice-cream/ice confection; its character and presentation align it with preparations for human consumption covered by the prepared foods heading, excluding headings for dairy or frozen confection classifications and thereby determining the applicable excise and tariff treatment.
    Case LawsCentral Excise
    Show AI Summary
    Medicament classification: surgical povidone iodine solutions treated as specific medicinal goods, not generic cleaning preparations.
    The product's classification hinges on combined factors-composition, product literature, label, character and intended user-while a miniscule prophylactic ingredient is not relevant. Because the solution is used by surgeons to degerm hands and scrub patient skin to prevent infection, it is classifiable as a medicament under the specific tariff entry rather than under a residuary entry for cleaning preparations.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: composition-based rule places slagwool and rockwool under the slag-derived mineral wool heading rather than stone wool.
    A composition-based tariff rule governs classification: products where blast furnace slag or similar material constitutes the requisite proportion by weight are classifiable under Sub-heading No.6807.10 for slag-derived mineral wool rather than under the general stone/rock wool heading; prior tribunal decisions follow the same composition-focused approach.
    Case LawsCentral Excise
    Show AI Summary
    Classification of board games: Scrabble is a game, not an educational toy, and falls under the tariff heading for games.
    Scrabble is classifiable as a board game under the tariff heading for games (Chapter 95) rather than as an educational toy or article of furniture, because its defining elements of chance and skill distinguish it from toys; this classification applies equally to simplified or junior editions which retain the essential game attributes.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: tooth powder treated as heading 3306 and excluded from Chapter 30 despite medicinal properties.
    The tooth powder "Dant Manjan Lal" is classifiable under Sub heading 3306 for tooth powders and similar preparations; despite possessing therapeutic properties, Chapter Note 1(d) of Chapter 30 excludes it from classification under Chapter 30, so the Chapter 33 description governs the tariff classification.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Aluminium castings classed under subheading 84.32, altering their excise tariff placement.
    Classification dispute over cast metal components turns on tariff interpretation: Aluminium castings are to be classified under Sub Heading 84.32 rather than under 84.09, applying tariff nomenclature and interpretive principles to allocate goods to the aluminium-specific heading for central excise purposes.
    Case LawsCentral Excise
    Show AI Summary
    Classification of perfumed hair oil: perfume addition places the product under specified tariff subheading, altering excise treatment.
    The Supreme Court held that the addition of perfume to a hair oil product results in classification under Sub Heading 3505.10 rather than under the alternate tariff heading previously relied upon, clarifying the proper excise tariff interpretation and product characterisation for assessment purposes.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification of chillers confirmed under sub-heading 84.18 rather than 84.19, clarifying applicable excise head.
    The key operative point is that the term "chillers" is classifiable under Sub Heading 84.18 of the Tariff Act rather than Sub Heading 84.19, resolving the tariff heading applicable to chillers for central excise classification.
    Case LawsCentral Excise
    Show AI Summary
    Classification of paving blocks as tariff goods under subheading 6807.90 rather than 6807.20 clarifies taxable categorization.
    Classification dispute concerns whether Paving Blocks should be assigned to subheading 6807.90 or to 6807.20; the authoritative interpretation establishes that Paving Blocks fall within subheading 6807.90, not 6807.20, thereby determining the applicable tariff classification for such products.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Royan Grade Wood Pulp classified under Sub-Heading 48.18 not 56.01 following judicial interpretation.
    The operative determination classifies the expression "Royan Grade Wood Pulp" under Sub-Heading 48.18 rather than Heading 56.01, based on characterisation of the material's essential nature and application of tariff heading language and classification principles to distinguish raw wood pulp from processed textile-like articles.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification of medicinal preparations: prior departmental treatment and commercial use determine sub-heading placement.
    The Supreme Court held that Johnson's Prickly Heat Powder and Phipps Processed Talc are patent or proprietary medicines classifiable under Sub-Heading 30.03, relying on BPL Pharmaceuticals principles and on prior departmental treatment, commercial usage, statutory treatment and common parlance to determine that sustained classification and actual use as medicinal preparations govern tariff classification despite a new tariff schedule.
    Case LawsCentral Excise
    Show AI Summary
    Product classification for therapeutic or prophylactic use dictates treating composite preparations as medicaments for tariff purposes.
    Products described as product uses for Therapeutic or Prophylactics are to be treated as medicaments for tariff classification; mixtures of two or more constituents combined for therapeutic or prophylactic purposes qualify as a medicament and should be classified accordingly, with the intended therapeutic or prophylactic use and composite nature determining the applicable tariff heading.
    Case LawsCentral Excise
    Show AI Summary
    Tariff classification: Dimethicone treated as chemical goods heading, not classified under pharmaceutical-medical heading for levy purposes.
    Dimethicone is classifiable under Sub Heading 3910 and not under 3003.20 of the Tariff Act, treating it as a product of the chemical/plastic goods heading rather than as a medicament for tariff purposes.

    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 351 "Specified violation." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      11 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 351 Specified violation.

      Income-tax Act, 2025

      At a Glance

      These texts set out Clause/Section 351 dealing with "specified violation" by a registered non-profit organisation under the Income Tax Bill, 2025 (old version) and the enacted Income-tax Act, 2025. They matter because they prescribe grounds and procedure for cancellation of registration of non-profit organisations and thus affect taxpayers (registered non-profit entities), tax administration (Principal Commissioner/Commissioner and Assessing Officers), and the broader charitable sector. Effective/commencement dates: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause/Section 351 appears in Part IV (Violations) of the Income Tax Bill, 2025 / Income-tax Act, 2025. The provision addresses "specified violation" by a registered non-profit organisation and grants the Principal Commissioner or Commissioner power to inquire, call for documents, and pass orders including cancellation of registration. Definitions or extended explanations of terms used (e.g., "registered non-profit organisation", "objects", "commercial activity", or cross-referenced sections 332, 345, 346, 270(13)) are Not stated in the document.

      Statutory Provision Mode

      Text & Scope

      The provision enumerates specified violations by a registered non-profit organisation, namely:

      • application of income otherwise than for its objects;
      • carrying out commercial activity in contravention of section 345 or 346 (enacted) / section 345 (Bill);
      • application of any part of total income for private religious purposes which does ensure/enure for the benefit of the public;
      • post-commencement organisations for charitable purpose applying income for benefit of particular religious community or caste other than SCs/STs or backward classes or women and children;
      • activities that are not genuine or not carried out in accordance with registration conditions;
      • non-compliance with requirements of other law as referred u/s 332(7)(a) and where the order/direction/decree is either undisputed or final;
      • false or incorrect information in the application referred to in section 332(1).

      Procedure: Where the Principal Commissioner/Commissioner has noticed one or more specified violations, receives a reference from the Assessing Officer u/s 270(13), or the organisation is selected per Board-formulated risk strategy, the officer shall call for documents/inquiries, and then pass an order in writing either cancelling registration (after reasonable opportunity of being heard) for such tax year and subsequent years if satisfied violation occurred, or not cancelling if not so satisfied; copy to AO and organisation. Timeline: order to be passed within six months calculated from end of quarter in which first notice was issued calling for documents/inquiry.

      Interpretation

      Legislative intent indicated by text: the provision aims to create a statutory mechanism to protect the tax base by identifying specified breaches by non-profit organisations and providing a structured administrative route for cancellation of registration, incorporating procedural safeguards (opportunity of being heard, timelines). The text signals an intent to link tax-registration consequences to both internal misapplication of funds and external non-compliance with other laws.

      Exceptions/Provisos

      Carve-outs or conditions in the text include:

      • Cancellation is to be preceded by giving a reasonable opportunity of being heard.
      • Non-compliance under other laws is actionable only where the order/direction/decree "has either not been disputed, or has attained finality" (enacted text).
      • Specific temporal limitation on decision-making: order must be passed within six months from quarter-end of first notice.

      Illustrations

      • Example 1: A registered non-profit uses grants to pay director's personal expenses - this falls under clause (a) (application other than for objects) and can trigger inquiry and potential cancellation if established. (Facts consistent with text.)
      • Example 2: A post-commencement charitable organisation awards scholarships exclusively to a single non-protected religious community (not SC/ST/backward classes/women/children) - under clause (d) this could be a specified violation. (Facts consistent with text.)
      • Example 3: A registered non-profit running a business arm in contravention of section 346 (enacted) would fall under clause (b) and could be subject to cancellation proceedings. (Facts consistent with text.)

      Interplay

      The provision cross-refers to sections 345, 346, 332(7)/(7)(a), 332(1), and 270(13). Specific interaction with Rules, Notifications or Circulars is Not stated in the document. The provision situates administrative power with Principal Commissioner/Commissioner while involving Assessing Officer by reference and communication; how this aligns with broader registration/renewal procedures or appeal remedies is Not stated in the document.

      Differences between the two provisions and practical impact

      • Reference to section 345/346 (commercial activity): Old Bill (Document 2) lists contravention only of section 345; the enacted Section 351 (Document 1) lists contravention of the provisions of section 345 or 346.
        • Practical impact: expansion of trigger-more commercial-activity-related conduct (covered in section 346) can now constitute a specified violation, increasing exposure to cancellation for NGOs engaged in commercial activities that fall within section 346.
      • Wording on timing/temporal scope of cancellation: Old Bill states cancellation may be "for such tax year during which such specified violation took place and all subsequent tax years." Enacted Section omits the phrase "for such tax year during which such specified violation took place," instead providing cancellation "for such tax year and all subsequent tax years."
        • Practical impact: enacted text is arguably broader or at least less temporally precise; it appears to allow cancellation beginning with the relevant tax year (same as Bill) but the slight drafting change reduces explicit limitation language-practically similar but drafting difference could affect interpretation of retrospective/prospective reach if disputes arise.
      • Reference to compliance with other laws (section 332(7)): Old Bill refers to "requirements u/s 332(7)"; enacted Section refers to "requirements of any other law as referred u/s 332(7)(a) and the order, direction or decree... has either not been disputed, or has attained finality."
        • Practical impact: enacted provision clarifies that the non-compliance is with "any other law as referred u/s 332(7)(a)" (narrower/clarified cross-reference) and adds explicit textual emphasis that the order/direction/decree must either be undisputed or final. This makes the ground for cancellation contingent on a final/undisputed determination under those other laws.
      • Typographical/word choice correction: Enacted Section corrects "enure" to "ensure" (via corrigenda).
        • Practical impact: corrects potential ambiguity in clause (c) regarding private religious purposes "which does ensure for the benefit of the public" (document shows correction but intended meaning remains that such private religious application must not ensure public benefit). Substance unaffected except removal of typographical error.
      • Minor drafting/formatting differences: Enacted provision adds subparagraph labeling and slightly reorders phrasing (e.g., subsection (2)(a) temporal phrase "Where,--" vs Bill's "Where during any tax year,--").
        • Practical impact: no substantive change except possible differences in interpretive emphasis on temporal locus of detection; enacted text's condition list in (2) is substantively the same but more tightly cross-referenced in some places.

      Practical Implications

      • Compliance and risk areas grounded in the text: strict internal compliance with objects and permitted uses of income; careful structuring of any commercial activities to avoid contravention of sections 345/346; avoidance of private-religious-purpose applications that do not benefit the public; adherence to registration conditions; ensure accuracy of initial registration application (section 332(1)).
      • Record-keeping/evidence points suggested by the text: documentary evidence of application of income to objects, minutes/authorisations for activities, contracts and accounts for commercial activities, demonstration of public benefit for religious activities, evidence of compliance with other laws (and any orders/directions) and dispute status thereof, and documentation submitted in registration application-since false/incorrect application information is a specified violation.

      Key Takeaways

      • Clause/Section 351 lists seven discrete grounds that may constitute a "specified violation" leading to cancellation of registration of a registered non-profit organisation.
      • Enacted text expands commercial-activity trigger to include contravention of section 346 in addition to section 345, broadening potential exposure.
      • Cancellation can be ordered by Principal Commissioner/Commissioner after inquiry and hearing, and must be communicated to the Assessing Officer and organisation.
      • Non-compliance under other laws is actionable where the external order/direction/decree is undisputed or final, per enacted text.
      • Administrative timeline: order must be passed within six months from the quarter-end of the first notice calling for documents/inquiry.
      • Accuracy of registration application is critical-false or incorrect information is an explicit ground for specified violation.
      • Certain drafting differences between Bill and Act (e.g., reference to section 346 and clarified cross-reference to section 332(7)(a)) may have practical consequences for scope and enforcement.

      Full Text:

      Section 351 Specified violation.

      Topics

      ActsIncome Tax