Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    NewsBills
    AMENDMENTS IN THE CUSTOMS TARIFF ACT 1975
    NewsBills
    AMENDMENTS IN THE CUSTOMS ACT 1962
    NewsBills
    Amendment in the provisions of Act relating to verification of the return of income and appearance o...
    NewsBills
    Rationalisation of the provisions of section 49 and clause (42A) of section 2 of the Act in respect ...
    NewsBills
    Rationalisation of provision relating to Form 26AS
    NewsBills
    Rationalisation of provisions relating to tax audit in certain cases.
    NewsBills
    Expanding the eligibility criteria for appointment of member of Adjudicating Authority under the Pro...
    NewsBills
    Filing of statement of donation by donee to cross-check claim of donation by donor
    NewsBills
    Rationalising the process of registration of trusts, institutions, funds, university, hospital etc a...
    NewsBills
    Amendment of sub-section (7) of section 11 to allow entities holding registration under section 12A/...
    NewsBills
    Rationalization of provisions of section 55 of the Act to compute cost of acquisition.
    NewsBills
    Removing dividend distribution tax (DDT) and moving to classical system of taxing dividend in the ha...
    NewsBills
    Deferring Significant Economic Presence (SEP) proposal, Extending source rule, Aligning exemption fr...
    NewsBills
    Aligning purpose of entering into Double Taxation Avoidance Agreements (DTAA) with Multilateral Inst...
    NewsBills
    Penalty for fake invoice.
    NewsBills
    Amending definition of “work” in section 194C of the Act.
    NewsBills
    Modification of residency provisions.
    NewsBills
    Insertion of Taxpayer’s Charter in the Act.
    NewsBills
    Provision for e-penalty.
    NewsBills
    Clarity on stay by the Income Tax Appellate Tribunal (ITAT).
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    NewsBills
    Show AI Summary
    Safeguard measures expanded to permit duties or tariff rate quotas when increased imports threaten domestic industry.
    The substituted Section 8B empowers the Central Government to apply safeguard measures-including imposition of a Safeguard Duty, application of a Tariff Rate Quota, or any other appropriate measure-when increased imports of an article cause or threaten to cause serious injury to domestic industry, centralising authority to identify qualifying import patterns and to select proportional remedial instruments.
    NewsBills
    Show AI Summary
    Preferential tariff verification: suspension of duty concessions pending exporter verification and security requirement for import clearance.
    New Chapter VAA (section 28DA) creates a framework for preferential tariff treatment under trade agreements, imposes importer obligations and requires time bound verification from the exporting country; preferential treatment may be suspended pending verification with clearance only on furnishing security equal to the differential duty, and may be denied in certain cases. Section 51B establishes an Electronic Duty Credit Ledger for duty credits in lieu of remission and extends recovery provisions to such credits. Amendments also add confiscation liability for contraventions of preferential claims and empower rulemaking under sections 156 and 157; an explanation preserves pre 2018 notices under section 28.
    NewsBills
    Show AI Summary
    Verification of Returns: prescribed persons may verify company and LLP returns and act as authorised representatives.
    Amendments allow any person prescribed by the Board to verify the income-tax return of a company or LLP and permit any person prescribed by the Board to appear as an authorised representative on behalf of an assessee, supplementing existing verification and representation rules that currently designate managing directors, directors, insolvency professionals, designated partners or partners.
    NewsBills
    Show AI Summary
    Cost of acquisition for segregated portfolio units: holding period continuity and proportional NAV-based allocation determine tax basis.
    Units in a segregated portfolio inherit the holding period of the original units in the main portfolio, and the cost of acquisition of segregated portfolio units is the portion of the original cost proportionate to the ratio of the NAV of assets transferred to the segregated portfolio to the NAV of the total portfolio immediately before segregation; the cost of the original units in the main portfolio is deemed reduced by that allocated amount.
    NewsBills
    Show AI Summary
    Annual financial statement upload expands tax-statement data in assessees' accounts, aiding compliance and accurate return filing.
    The administering income-tax authority, or its authorised person, will be required to upload an Annual Financial Statement to the assessee's registered account on the designated portal, in such form, manner and within such time as may be prescribed, containing financial information in the possession of the authority (including items beyond tax deducted or collected). The existing provision specifically governing the prior tax-deduction statement is proposed to be deleted and the amendment takes effect from 1st June, 2020.
    NewsBills
    Show AI Summary
    Tax audit threshold increase for low-cash businesses; tax audit reports must be furnished earlier to enable return pre-filling.
    The proposal raises the audit exemption threshold for businesses where both aggregate cash receipts and aggregate cash payments do not exceed five percent of totals; it mandates that tax audit reports for business or professional income be furnished at least one month before the return filing due date to enable pre-filling, and it amends return due dates and partner treatment while making consequential TDS/TCS amendments to align withholding references with the revised audit framework.
    NewsBills
    Show AI Summary
    Eligibility expansion for Adjudicating Authority members adds District Judge qualification, broadening appointment pool under Benami Property law.
    Section 9 eligibility for appointment as a Member of the Adjudicating Authority under the Prohibition of Benami Property Transaction Act is expanded to include persons who are qualified for appointment as District Judge, in addition to existing eligibility for Indian Revenue Service officers who have held Commissioner of Income-tax (or equivalent) and Indian Legal Service officers who have held Joint Secretary (or equivalent). The amendment takes effect from 1 April 2020 under Clause 143 of the Finance Bill.
    NewsBills
    Show AI Summary
    Donation reporting: donees must file statements and issue certificates before donor deduction claims are allowed under tax law.
    Entities receiving donations must furnish a standardized statement of donations and issue certificates to donors; donor deduction claims will be permitted only where the donee has filed the prescribed statement, with fees and penalties for non compliance. Approvals and registrations under charitable exemption provisions will be time limited and may be granted provisionally on application without detailed enquiry, with requirements to reapply to reactivate inoperative registrations.
    NewsBills
    Show AI Summary
    Time-limited exemptions: periodic renewal of registrations to ensure compliance and reduce intrusive inquiries.
    Modernise and streamline the process for grant of registration and approval for tax-exempt entities by using technology, and institute time-limited, renewable exemptions to ensure ongoing compliance while reducing intrusive day-to-day inquiries; the reform would apply to both existing and new exempt entities.
    NewsBills
    Show AI Summary
    Exemption switching for registered charitable entities allowed once to obtain statutory notification, preserving single-mode compliance and admin efficiency.
    Amendment permits registered charitable entities to seek notification under the statutory exemption for bodies created by Central or State enactment, correcting an anomaly that denied such notification to entities holding registration. It retains the complete-code principle requiring compliance with registration conditions, but allows a one-time switch to the notified exemption while ensuring only one mode of exemption is operative and limiting routine switching for administrative efficiency.
    NewsBills
    Show AI Summary
    Stamp duty cap on fair market value for land and buildings limits FMV to stamp duty value where available.
    For land or building assets, the fair market value on the reference date for computing cost of acquisition shall not exceed the stamp duty value where such stamp duty value is available; "stamp duty value" means the value adopted, assessed or assessable by any Central or State authority for stamp duty purposes.
    NewsBills
    Show AI Summary
    Taxation of dividends shifts to shareholders, abolishing payer-level tax and imposing withholding and limited deductions under transitional rules.
    Removal of Dividend Distribution Tax and return to a classical system makes dividend and income from units taxable in the hands of shareholders and unit holders at their applicable rates, removes payer-level additional tax and related exemptions, limits deductions against such income to interest expense capped at twenty per cent, reallocates taxability for business trusts and interposed vehicles to unit holders, and introduces expanded withholding obligations and transitional rules phasing out payer-level taxation.
    NewsBills
    Show AI Summary
    Significant Economic Presence deferred while source rules target India-directed digital ad and data revenue for taxation.
    The proposal defers the Significant Economic Presence concept until 1 April 2022 (applicable AY 2022-23), pending threshold rules; clarifies that India-sourced income includes advertising targeted at Indian customers and sale of India-collected data (effective 1 April 2021), aligns the indirect transfer exception for investments by foreign portfolio investors with SEBI's revised FPI regulations (effective 1 April 2020), expands the definition of royalty to include receipts from sale/distribution/exhibition of cinematographic films (effective 1 April 2021), and empowers the Board to prescribe income attribution rules under section 295 with staggered effective dates.
    NewsBills
    Show AI Summary
    Treaty anti abuse preamble aligns DTAA purpose with MLI to prevent treaty shopping via statutory amendment.
    The proposal amends the statutory power to enter into DTAAs so that agreements for the avoidance of double taxation must be made without creating opportunities for non taxation or reduced taxation through tax evasion or avoidance, including treaty shopping arrangements aimed at indirect benefit of residents of other jurisdictions, thereby implementing the MLI's anti abuse preamble into domestic treaty making authority.
    NewsBills
    Show AI Summary
    Penalty for false invoices: levy equals aggregate false or omitted entries and also targets those who cause them.
    A new provision proposes a penalty for false entries under GST where penalty equals the aggregate amount of false or omitted entries used to evade tax; liability extends to persons who cause such entries. "False entries" include forged or falsified documents, invoices without actual supply or receipt of goods or services, and invoices involving non existent persons. The amendment is intended to deter fraudulent ITC claims and takes effect from the fiscal implementation date in the Finance Bill.
    NewsBills
    Show AI Summary
    Contract manufacturing classification: raw materials supplied by assessee or associate treated as work under section 194C, preventing tax avoidance.
    Amendment treats contract manufacturing where raw material is provided by the assessee or its associate as work under section 194C, closing a compliance gap exploited by sourcing materials through related parties, and defines "associate" by reference to the relational test in clause (b) of sub section (2) of section 40A.
    NewsBills
    Show AI Summary
    Tax residency thresholds tightened: visit exemption reduced, not ordinarily resident test tightened and deeming rule for citizens without foreign tax liability.
    The proposal reduces the special visit exemption for Indian citizens and persons of Indian origin so shorter periods of presence in India count towards residency; replaces the existing multi-part test for not ordinarily resident status with a single prior non-residence stability test; and deems an Indian citizen who is not liable to tax in any other jurisdiction to be resident in India, aimed at preventing arrangements that result in global non taxation.
    NewsBills
    Show AI Summary
    Taxpayer's Charter empowers the tax board to adopt a charter and issue directions and guidelines to tax authorities for administration.
    Insertion of section 119A empowers the Board to adopt and declare a Taxpayer's Charter and to issue orders, instructions, directions or guidelines to other income tax authorities for administration of the Charter, with the amendment taking effect from 1st April, 2020.
    NewsBills
    Show AI Summary
    E-penalty scheme to digitalise penalty proceedings, remove in-person AO interface and enable dynamic jurisdiction in penalty imposition.
    A proposed amendment would insert a sub-section empowering the Central Government to notify an e-penalty scheme to digitalise penalty proceedings, remove in-person interface between Assessing Officers and assessees insofar as technologically feasible, optimise resources by centralised speciality, and provide for penalties to be imposed under a dynamic jurisdiction model by one or more income-tax authorities; the Government may notify exceptions or adaptations to existing jurisdictional and procedural provisions and must lay notifications before Parliament.
    NewsBills
    Show AI Summary
    Stay conditions for appeals: security deposit requirement limits extensions and total stay period before tribunal under tax law.
    The ITAT may grant a stay only if the assessee deposits or furnishes security equal to a prescribed proportion of the tax, interest, fee, penalty or other sums; extensions of stay are available only on application showing delay not attributable to the assessee and upon compliance with the deposit/security condition, and the total period of stay is subject to an overall statutory cap. Effective from 1 April 2020.

    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