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
    Limitation Period in Insolvency Appeals: A Step Towards Legal Clarity for determination of relevant ...
    CircularsCustoms
    Navigating Trade Restrictions: India's Stance on North Korea Exports and Imports
    Deadline Adherence in Insolvency Claims: The Supreme Court on Enforcing Arbitration Awards Amidst In...
    Resolution Plan Approvals: The Supreme Court's Clarification on NCLT and NCLAT's Jurisdiction in Ins...
    Case LawsIncome Tax
    Navigating Tax Exemptions u/s 80P: The Supreme Court's Verdict on Cooperative Societies vs. Banks
    Case LawsCustoms
    Supreme Court Verdict on Pre-Import Condition and IGST Exemptions: A Legal Analysis
    Case LawsIndian Laws
    Understanding Beneficial Ownership: A Landmark Admiralty Case in India
    Case LawsCustoms
    Beneficial Ownership, Beyond Baggage in Customs Law: Seizure of foreign currency
    Expanding Trade Horizons: The 2023 Amendment to SEZ Rules for Gem and Jewellery Units
    The Significance of Signature: A Landmark Decision on GST Assessment Orders
    Case LawsIncome Tax
    Principles of Natural Justice in Tax Litigation: Unraveling the Significance of Cross-Examination Ri...
    CircularsIncome Tax
    Deadline Extension for Processing E-Filed Tax Returns: Refund Claims on Income Tax Returns
    Deadline Extended for Pharmaceutical Track and Trace System Implementation
    NotificationsCompanies Law
    MCA Announces Establishment of Central Processing Centre at IMT Manesar
    CircularsCustoms
    Export Obligation Compliance: Detailed SOPs for EPCG and Advance Authorization Holders
    IBBI Circular Update: Key Takeaways for Insolvency Professionals and Stakeholders
    NotificationsIncome Tax
    Modes of filing of ITR: Amendments to Rule 12 of the Income Tax Rules 1962
    Finance Bill, 2024 Insights: The Expansion of Input Service Distributor's (ISD) Role in GST
    Case LawsIndian Laws
    Understanding Burden of Proof in Cheque Bounce Cases: Insights from a Landmark Judgment
    Case LawsIndian Laws
    Analysis of Vicarious Liability under Section 141 of the NI Act in Partnership Firms: Liability in C...
❯❯
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 LawsIBC
    Show AI Summary
    Limitation period in insolvency appeals starts when an order is made known, affecting appeal timeliness and procedure.
    The limitation period for appeals under the Insolvency and Bankruptcy Code begins when the order is made known, not merely when the hearing concludes; if an order is uploaded later because no actual pronouncement occurred, the limitation clock starts from the upload date. The court reinstated the appeal, underscored that the statutory appeal window is subject to a discretionary condonable extension upon sufficient cause, and urged reassessment of physical filing requirements in favor of streamlined electronic practices.
    CircularsCustoms
    Show AI Summary
    Trade sanctions compliance: ensure accurate origin and destination declarations to avoid prohibited transactions and enforcement action.
    The Customs Trade Notice reiterates that specified transactions with North Korea are prohibited under India's foreign trade framework and requires traders to ensure accurate country-of-origin and destination declarations. It mandates re-evaluation of trade practices to prevent direct or indirect prohibited dealings, corrective action for prior misdeclarations, and warns of penalties and enforcement measures under the customs regime to uphold sanctions and national security.
    Case LawsIBC
    Show AI Summary
    Timely claim submission under the Insolvency and Bankruptcy Code is crucial for arbitration award enforcement and creditor equity.
    Enforceability of arbitration awards in insolvency depends on strict compliance with the Insolvency and Bankruptcy Code's timeline-driven claim submission and admission processes; arbitration award holders must present and validate claims within the IBC framework so individual enforcement does not undermine the collective, time-bound insolvency resolution and equitable distribution among creditors.
    Case LawsIBC
    Show AI Summary
    Commercial wisdom of creditors limits tribunal-ordered asset revaluation, affirming restrained judicial review in insolvency cases.
    The core issue is whether tribunals under the Insolvency and Bankruptcy Code may order revaluation of a corporate debtor and thereby intrude upon the commercial wisdom of the CoC. The Court stressed the limited scope of judicial review, holding that adjudicatory authorities must not substitute their judgment for the CoC's commercial determinations absent specific objections or statutory grounds; expert valuation may assist but does not mandate revaluation that alters CoC choices.
    Case LawsIncome Tax
    Show AI Summary
    Tax exemption under Section 80P clarified: cooperative societies engaged in non banking, member centric activities retain deduction eligibility.
    Classification for tax concessions under Section 80P depends on an entity's functional character, regulatory oversight, and whether it engages in commercial banking. Entities that are member centric and do not perform commercial banking functions align with the legislative intent to promote cooperative societies and remain eligible for deductions; regulatory distinctions and precedents support treating non bank cooperative activity as within the exemption framework.
    Case LawsCustoms
    Show AI Summary
    Pre-import condition upheld as a permissible policy measure to align IGST exemptions with actual use of imported inputs.
    The Supreme Court considered the validity of the pre-import condition for claiming IGST exemptions under Advance Authorizations, treating such conditions as an exercise of executive policy discretion within the Foreign Trade Policy to ensure exemptions match actual use of inputs in export production. The Court acknowledged exporters' operational difficulties but framed its analysis around permissible policy choices in economic regulation. It further held that the subsequent withdrawal of the condition could not be given retrospective effect because the statutory scheme does not authorize retrospective regulations of that nature.
    Case LawsIndian Laws
    Show AI Summary
    Beneficial ownership in admiralty: charterer control can justify vessel claims where control and use link liability to the ship.
    The Supreme Court defined beneficial ownership in admiralty as a functional concept based on control and use rather than registered title, holding that a charterer may, in certain factual circumstances such as a bareboat charter, be treated as beneficial owner for maritime claims. The admissibility of arrest against a vessel depends on a fact-sensitive assessment of the charterer's operational control, the contractual obligations in dispute, and established admiralty criteria linking liability to the ship.
    Case LawsCustoms
    Show AI Summary
    Beneficial owner clarification: corporate management of foreign currency, not personal ownership, guides customs seizure jurisdiction.
    Interpretation of Customs Act terms 'goods' and 'baggage' and the concept of beneficial owner were central. The tribunal's jurisdiction was held to cover the seizure notice because the provision was not confined to baggage. On the facts, the foreign currency was managed by the employer for business expenses tied to the respondent's official corporate role, and the respondent was not characterized as the beneficial owner, a conclusion treated as a legal determination grounded in the evidential record.
    NotificationsSEZ
    Show AI Summary
    Sourcing of precious metals allowed free from foreign buyers for direct export to the same buyer, easing operations.
    The amendment permits gem and jewellery units in SEZs to obtain gold, silver or platinum free of charge from foreign buyers for export to the same foreign buyer, supplementing purchase and loan options and operating within the SEZ exemption framework. This condition ties the benefit to export activity and reduces dependency on loan arrangements, thereby improving cash flow and operational efficiency for export transactions involving precious metals.
    Case LawsGST
    Show AI Summary
    Validity of unsigned orders cannot be cured by general defect provisions, requiring signed assessment orders for enforcement.
    An unsigned assessment order is legally deficient because absence of a signature is a fundamental omission that cannot be cured by general validation provisions; provisions addressing validation of defects and service of notice do not excuse lack of authentication. Additionally, orders should not be based on grounds different from those in the show cause notice, as that undermines the taxpayer's right to a fair hearing.
    Case LawsIncome Tax
    Show AI Summary
    Cross examination rights in tax proceedings protect taxpayers when third party seized evidence is used against them.
    The core issue is whether reliance on third party seized documents and an employee's statement to attribute unaccounted interest to the assessee was permissible without permitting cross examination or testing a retraction affidavit. Denial of the opportunity to confront the declarant engages principles of natural justice, and indirect evidence requires direct inquiry and corroboration before adverse tax findings can be sustained.
    CircularsIncome Tax
    Show AI Summary
    Processing of e-filed refund claims extended, allowing administrative approval for delayed non-scrutiny returns to secure refunds.
    Processing of electronically filed income-tax returns with refund claims may be completed beyond prescribed time limits for non-scrutiny cases where technical problems or other non-fault causes delayed processing. Assessing officers may process such returns only after prior approval from higher tax authorities; technical support and supervisory monitoring will be provided. The relaxation excludes returns under scrutiny, returns showing or likely to show a payable demand, and returns unprocessed due to taxpayer fault.
    CircularsDGFT
    Show AI Summary
    Track and Trace system extended to give exporters time to implement parent child packaging tracing and Central Portal uploads.
    The DGFT extended the implementation deadline for the Track and Trace system for pharmaceutical exports, requiring maintenance and upload of Parent-Child packaging relationships to the Central Portal. The extension applies to both SSI and non SSI manufacturers and amends Para 2.90A of the Handbook of Procedure to consolidate prior notices and procedural requirements for recording packaging hierarchies and supply chain movements.
    NotificationsCompanies Law
    Show AI Summary
    Centralized e-form processing established to streamline company filings while preserving local Registrar jurisdiction.
    Establishment of a Central Processing Centre at the Indian Institute of Corporate Affairs, IMT Manesar, centralizes processing and disposal of company e-forms and related fees under the Companies (Registration of Offices and Fees) Rules, 2014, with nationwide competence, while preserving the Registrar of Companies' jurisdiction over all other matters under the Companies Act and its rules.
    CircularsCustoms
    Show AI Summary
    Export obligation monitoring: compliance mechanisms and enforcement for EPCG and Advance Authorization beneficiaries clarified.
    An Export Obligation Monitoring Cell will oversee fulfilment under EPCG and Advance Authorization schemes; installation certificates and timelines apply, with random verification of authenticity. The SOP mandates notices to defaulters, DGFT coordination, bond or guarantee execution, penalties, and proportional duty with interest for non-fulfilment, and permits extensions or self-payment in bonafide default cases while stakeholders may report implementation issues to the Principal Commissioner of Customs.
    CircularsIBC
    Show AI Summary
    Professional services by insolvency professionals may be provided under approved resolution plans, with billing permitted in professional or entity name.
    The circular permits Insolvency Professionals to render services tied to implementation of approved resolution plans only if those services are specified in the resolution plan, and confirms invoices for services may be issued in the name of the individual professional, the Insolvency Professional Entity, or the firm where the professional is a partner, subject to compliance with the Code of Conduct.
    NotificationsIncome Tax
    Show AI Summary
    Electronic filing requirements expanded: audit liable taxpayers must file digitally; senior taxpayers retain flexible filing options.
    Rule 12 amendments require electronic filing for individuals and HUFs subject to audit under section 44AB, permitting filing via digital signature or electronic verification. For other taxpayers the permitted modes are digital signature, electronic transmission with verification code, or electronic filing followed by submission of Form ITR-V. Senior taxpayers are afforded additional flexibility: specified forms may be filed with digital signature, electronically with verification code, electronically with subsequent ITR-V submission, or on paper. The notification also substitutes ITR-1, ITR-3 and ITR-5.
    Act RulesGST
    Show AI Summary
    ISD expansion in GST: ISDs now cover reverse charge invoices and mandatory credit distribution for distinct persons.
    Amendments expand the scope of the Input Service Distributor to include invoices for services subject to the reverse charge mechanism and to cover invoices received "for or on behalf of" distinct persons, making such offices liable to register as ISDs and to distribute input tax credit in the prescribed manner; truly common head office services may remain subject to cross charge rather than ISD distribution.
    Case LawsIndian Laws
    Show AI Summary
    Presumption in cheque bounce cases shifts burden to accused to rebut claim of legally enforceable debt.
    The complainant must prove issuance, presentation and dishonour of the cheque to trigger the presumption under Section 139, after which the burden shifts to the accused to rebut by proving absence of a legally enforceable debt; conflicting statements and lack of substantive evidence undermine rebuttal and sustain the presumption.
    Case LawsIndian Laws
    Show AI Summary
    Vicarious liability under the Negotiable Instruments Act requires specific averments of authority and responsibility; absence undermines the complaint.
    Applicability of vicarious liability in cheque bounce offences under the Negotiable Instruments framework turns on whether the complaint pleads that the accused was in charge of and responsible for the conduct of the firm's business when the offence occurred; resignation is a matter of evidence and allegations of partnership alone are insufficient without specific averments of authority and responsibility.

    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