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
    AMENDMENT IN THE SIXTH SCHEDULE TO THE FINANCE ACT, 2018 - Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    Effective change in rate of Road and Infrastructure Cess on Petrol and Diesel - FINANCE (No.2) BILL,...
    NewsBills
    RETROSPECTIVE AMENDMENTS OF RATE NOTIFICATIONS - Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    Miscellaneous changes in Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    Amendments in Excise - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE FOURTH SCHEDULE TO THE CENTRAL EXCISE ACT, 1944 - FINANCE (No.2) BILL, 2019
    NewsBills
    PROPOSALS INVOLVING CHANGE IN EXCISE DUTY RATES THROUGH NOTIFICATIONS - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENT IN THE EIGHTH SCHEDULE TO THE FINANCE ACT, 2002 - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENT IN THE SIXTH SCHEDULE TO THE FINANCE ACT, 2018 - FINANCE (No.2) BILL, 2019
    NewsBills
    Effective change in rate of Special Additional Excise Duty and Road and Infrastructure Cess on Petro...
    NewsBills
    SERVICE TAX - FINANCE (No.2) BILL, 2019
    NewsBills
    Sabka Vishwas Legacy Dispute Resolution Scheme - FINANCE (No.2) BILL, 2019
    NewsBills
    Goods and Services Tax - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE CGST ACT, 2017 - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE IGST ACT, 2017 - FINANCE (No.2) BILL, 2019
    NewsBills
    Retrospective Amendments of GST rate notifications - FINANCE (No.2) BILL, 2019
    Act RulesIncome Tax
    Facility of Form SUGAM (ITR-4) - List of person who are eligible and who are not eligible to avail t...
    Act RulesIncome Tax
    Facility of Form SAHAJ (ITR-1) - List of person who are eligible and who are not eligible to avail t...
    Levy of GST on providing back office support services, payroll processing, to main records of employ...
    ManualsIncome Tax
    Can a Non-Resident claim deduction u/s 80QQB for royalty income ?
❯❯
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
    Road and Infrastructure Cess increase on petrol and diesel takes effect, raising scheduled additional customs duty per litre.
    Amendment to the Sixth Schedule to the Finance Act, 2018 increases the scheduled rate of Road and Infrastructure Cess as an additional duty of customs on motor spirit (petrol) and high speed diesel; the Finance (No. 2) Bill, 2019 prescribes the new per litre scheduled rate and the amendment is to take effect from 06.07.2019 with immediate provisional operation under the Provisional Collection of Taxes Act, 1931.
    NewsBills
    Show AI Summary
    Road and Infrastructure Cess increase on petrol and diesel raises additional customs duty incidence and alters fuel taxation.
    The Finance (No. 2) Bill, 2019 increases the Road and Infrastructure Cess levied as an additional duty of customs on motor spirit (petrol) and high speed diesel, thereby raising the per litre cess rate applied to these fuels and altering the customs duty component in fuel taxation.
    NewsBills
    Show AI Summary
    Retrospective amendments correct customs classifications and extend exemptions for temporary vehicle imports and antidumping measures.
    The Finance (No. 2) Bill, 2019 proposes retrospective amendments to insert correct customs tariff headings for stearic acid and to correct antidumping classifications and exclusions for polyester yarn and polypropylene, and to give retrospective effect to an exemption of IGST and compensation cess on temporary vehicle imports under the carnet regime, thereby altering duty, IGST/cess and antidumping chargeability for specified past periods.
    NewsBills
    Show AI Summary
    Customs tariff amendments extend concessional feed treatment and explicitly exempt specified semiconductor machines and audio components from BCD.
    The amendments confirm that prawn feed and shrimp larvae feed in any form attract a concessional rate of 5%, while fish feed qualifies only in pellet form; propose inclusion of HS 8486 to exempt semiconductor manufacture machines from basic customs duty; add headphones, earphones and combined microphone/speaker sets to tariff subheading 8518 30 00 consistent with ITA commitments; and amend notification No. 57/2017-Customs to explicitly exclude microphones, receivers, speakers, connectors and SIM sockets from a concession entry.
    NewsBills
    Show AI Summary
    Excise duty definitions clarified: amendments specify basic excise duty, road and infrastructure cess, and special additional excise duty.
    Amendments define three core excise components-Basic Excise Duty as set out in the Fourth Schedule, Road and Infrastructure Cess as the additional excise introduced by the Finance Act 2018, and Special Additional Excise Duty as the levy created by the Finance Act 2002-and provide that changes effected by the Finance (No. 2) Bill, 2019 take effect on enactment unless otherwise specified.
    NewsBills
    Show AI Summary
    Basic excise duty on petroleum crude raised, imposing a nominal per tonne duty and enabling provisional collection under tax law.
    The Finance (No.2) Bill, 2019 amends the Fourth Schedule to the Central Excise Act, 1944 to impose a nominal per tonne basic excise duty on petroleum crude, changing the rate from nil and providing that the revised duty operates immediately under a declaration made under the Provisional Collection of Taxes Act, 1931.
    NewsBills
    Show AI Summary
    Excise duty changes impose specified rates on a range of tobacco products and alter duty treatment for crude petroleum.
    Proposals set out notification based excise duty rates for multiple tobacco tariff lines-imposing per unit and percentage levies on specified categories of cigarettes, biris, smoking mixtures, chewing tobacco, snuff, tobacco extracts and other manufactured tobacco or substitutes-replacing prior nil treatment. They also remove a nominal per tonne excise charge on crude petroleum produced under production sharing contracts and certain exploration blocks, with each tariff line assigned a precise levy form to be applied by notification.
    NewsBills
    Show AI Summary
    Special additional excise duty increase on petrol and diesel imposes higher fuel taxes immediately under provisional collection.
    Amendment raises the scheduled rates of Special Additional Excise Duty on petrol and diesel by modifying the Eighth Schedule to the Finance Act, 2002 via the Finance (No. 2) Bill, 2019; the change is to take effect immediately under a provisional collection declaration, with the operative rates to be prescribed by subsequent notification.
    NewsBills
    Show AI Summary
    Road and Infrastructure cess increase on petrol and diesel takes effect immediately under Provisional Collection of Taxes framework.
    The Finance (No. 2) Bill, 2019 amends the Sixth Schedule to the Finance Act, 2018 to increase the Road and Infrastructure cess as an additional excise duty on motor spirit (petrol) and high speed diesel from Rs. 8 per litre to Rs. 10 per litre, with the amendment declared effective from 6 July 2019 under a provisional collection declaration and to be implemented by notification.
    NewsBills
    Show AI Summary
    Excise duty increases on petrol and diesel under Finance Bill raise effective tax rates for fuel levies.
    The Finance (No.2) Bill, 2019 increases the effective rates of Special Additional Excise Duty and Road and Infrastructure Cess on motor spirit (petrol) and high speed diesel by substituting the prior per litre rates with higher per litre rates for each levy, with the cess expressly levied as an additional duty of excise.
    NewsBills
    Show AI Summary
    Service tax retrospective exemptions expanded to specified state licence fees, select IIM programmes, and upfront lease consideration.
    The Finance (No. 2) Bill, 2019 proposes retrospective Service Tax exemptions: (i) State Government consideration for grant of liquor licences for 1 April 2016-30 June 2017; (ii) specified Indian Institutes of Management educational programmes (excluding Executive Development Programmes) for 1 July 2003-31 March 2016; and (iii) upfront amounts paid for long term (thirty years or more) leases of development plots by State industrial/majority government entities for 1 October 2013-30 June 2017.
    NewsBills
    Show AI Summary
    Dispute resolution amnesty scheme introduced to settle legacy central excise and service tax cases under the Finance Bill.
    The Finance (No.2) Bill, 2019 introduces a Sabka Vishwas Legacy Dispute Resolution Scheme, a dispute resolution cum amnesty mechanism to resolve and settle legacy Central Excise and Service Tax cases through provisions in clauses 119-134 of the Bill, establishing a time bound framework for admission and settlement of eligible legacy disputes.
    NewsBills
    Show AI Summary
    GST amendment effective dates clarified: central amendments effective on enactment while finance-bill changes await notification.
    Amendments carried out through the Finance (No.2) Bill, 2019 take effect on the date of its enactment unless otherwise specified; amendments carried out in the Finance Bill, 2019 will come into effect from the date when they are notified, concurrently with corresponding amendments to the Acts passed earlier by the States and Union territories with legislature.
    NewsBills
    Show AI Summary
    National Appellate Authority for Advance Ruling clarifies binding advance rulings, procedural powers and remedies under amended CGST framework.
    The amendments create a National Appellate Authority for Advance Ruling with defined composition, powers to regulate procedure and exercise civil court powers, time bound disposal and limited rectification capacity; its advance rulings are binding on distinct applicants and registered persons with the same permanent account identifier and void if obtained by fraud. They also introduce an alternative composition scheme for service/mixed suppliers with specified turnover limits, clarify treatment of interest/discount for turnover computations, raise the exclusive goods exemption threshold, mandate Aadhaar authentication for specified taxpayers, require specified electronic payment options, permit electronic cash ledger head transfers and authorize Commissioner extensions for certain filings, while calibrating interest charging and refund disbursement, and enhancing anti profiteering penalty authority.
    NewsBills
    Show AI Summary
    Intergovernmental transfer of IGST collections enabled to reflect electronic cash ledger head reallocation between Centre and States.
    A new provision adds intergovernmental transfer mechanics to the IGST Act to govern movement of amounts between the Centre and States arising from reallocation of funds between heads within the electronic cash ledger, providing the legal basis for adjusting IGST-related balances and transferring sums to reflect such ledger head transfers.
    NewsBills
    Show AI Summary
    Retrospective GST exemption: Uranium Ore Concentrate exempted from central, integrated and UT tax for 2017 period.
    The Finance (No. 2) Bill, 2019 retrospectively amends Notification No. 2/2017 under the Central, Integrated and Union Territory GST rate schedules to exempt Uranium Ore Concentrate from Central Tax, Integrated Tax and Union Territory Tax for the period from 1st July, 2017 to 14th November, 2017, effectuating a removal of tax incidence on that good by amendment of the respective notifications.
    Act RulesIncome Tax
    Show AI Summary
    Eligibility for SUGAM ITR-4: resident individuals, HUFs and resident firms with presumptive business income may use the simplified return.
    Eligibility to file Form SUGAM (ITR-4) is limited to resident individuals, resident HUFs (other than not ordinarily resident), and resident firms (excluding LLPs) deriving business or professional income computed under presumptive provisions of sections 44AD, 44ADA or 44AE. Explicit exclusions bar persons with foreign assets/signing authority/income, directorships, unlisted equity holdings in the previous year, income above the prescribed limit, more than one taxable house property, brought forward or carry forward losses, assessments where tax was deducted in another's hands, claims under double taxation provisions or deduction under section 91, certain agricultural income, and incomes taxable under specified special heads.
    Act RulesIncome Tax
    Show AI Summary
    ITR form eligibility limited to resident individuals with salary, single house and non lottery other income; foreign interests excluded.
    Form SAHAJ (ITR 1) is available only to resident individuals whose taxable income arises solely from salaries or family pension, income from a single house property without brought forward or current losses under that head, and other sources excluding lottery winnings and race horse income, provided they do not fall into disqualifying categories such as foreign assets, foreign income or signing authority, income requiring apportionment, directorships, unlisted equity shareholdings, tax assessed on income with TDS in another person's hands, claims for double taxation relief, specified deductive claims, agricultural income above a small threshold, or total income above the prescribed upper limit.
    Act RulesGST
    Show AI Summary
    Place of supply rules: intermediary back office services treated at supplier location and not as export, GST applies.
    The applicant's back office and payroll processing activities qualify as services rendered as an intermediary; under the IGST intermediary rule the place of supply is the supplier's location. The services do not satisfy all conditions for export of services (clause (iii) of the export definition fails) and therefore are not zero rated; GST is payable.
    ManualsIncome Tax
    Show AI Summary
    Deduction for authors' royalty income available only to resident authors under income tax rules; non-residents are ineligible.
    The deduction for authors' royalty income under section 80QQB is limited to individual taxpayers who are resident-either resident and ordinarily resident or resident but not ordinarily resident-and excludes non-resident authors, so non-residents cannot claim the royalty deduction.

    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 352 "Tax on accreted income." 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 352 Tax on accreted income

      Income-tax Act, 2025

        At a Glance 

        The document is Clause 352 of the Income Tax Bill, 2025 - Old Version proposing taxation of "accreted income" of specified persons (principally registered non-profit organisations or similar entities). It matters because it creates a special additional income-tax charge at the maximum marginal rate on accreted income in specified events (cancellation of registration, modification of objects, merger, dissolution, etc.), affecting registered non-profits, their trustees/principal officers and transferees of assets. Effective date or decision date: Not stated in the document.

        Background & Scope

        Statutory hooks: Clause 352 of the Income Tax Bill, 2025. Context: the clause proposes a special charging provision titled "Tax on accreted income" targeting specified persons when certain triggering events occur (e.g., cancellation/withdrawal of registration, modification of objects inconsistent with registration, failure to apply for registration, conversion, merger, dissolution, and prescribed non-compliances). Coverage includes the specified person and principal officer or trustee; in limited circumstances, asset transferees can be deemed assessee in default. The Bill defines the quantum of accreted income using a formula (A = B - C) where B is aggregate fair market value of total assets on a specified date and C is total liabilities on that date, both to be computed in accordance with prescribed valuation methods. Definitions or detailed scope of "specified person", "specified provision" and "specified assets" are Not stated in the document.

        Statutory Provision Mode

        Text & Scope

        Clause 352 establishes an additional tax for "every specified person" in addition to income-tax on total income, at the maximum marginal rate, in cases enumerated in the Table in sub-section (5). The accreted income is the excess of aggregate fair market value of total assets (B) over total liabilities (C) as on the specified date (A = B - C). The assets and liabilities are to be valued "in accordance with such method of valuation, as prescribed." The accrual is reduced by amounts attributable to specified assets and related liabilities. The person and the principal officer or trustee are liable to pay the tax within 14 days from the due date in column D of the Table or the date of order passed under sub-section (2) - the Bill expressly contemplates that the Assessing Officer will compute accreted income after affording a reasonable opportunity of being heard and pass an order charging such income to tax under sub-section (1).

        Interpretation

        The Bill indicates legislative intent to treat conversion, loss of registration, improper modification of objects, failure to seek registration, disqualifying mergers, and incomplete transfers on dissolution as events triggering a wealth-like charge (an anti-abuse/exit taxation on net assets). The use of fair market value and prescribed valuation methods signals an intent to tax economic accrual rather than book results. The provision of a hearing via the Assessing Officer before charging suggests a procedural safeguard consistent with principles of natural justice in tax assessment.

        Exceptions/Provisos

        No express exceptions or provisos beyond the reduction of accreted income "attributable to specified assets, and liabilities, if any, related to such assets." Specific carve-outs, thresholds or exemptions are Not stated in the document. The Bill does not set out definitions for "specified assets" or detail when and how attribution is to occur - Not stated in the document.

        Illustrations

        • Example 1: A registered entity's registration is cancelled; on the date of cancellation, aggregate FMV of assets is 100 and liabilities 30; accreted income A = 70. The AO, after hearing, computes A and an additional tax at maximum marginal rate is levied and payable within 14 days from due date / AO order. (Numerical values illustrative and consistent with the formula; the Bill does not provide numeric examples.)
        • Example 2: A specified person modifies its objects in a tax year to non-conforming objects, applies for fresh registration but is rejected and appeals; the specified date is the date of adoption/modification and payment falls due on receipt of the appellate order confirming cancellation. (The Table entries set the relevant dates and due dates.)

        Interplay

        The Clause cross-refers to other provisions: section 10(23C) first proviso, section 12(1)(ac) and section 332(3) (Table: Sl. No. 3,4,5 or 7). The Bill anticipates prescribed valuation methods - implying subordinate legislation (rules) will be required. The Bill does not mention notifications, circulars or transitional machinery. The interplay with general assessment provisions is explicit via Assessing Officer function; the Bill also states that "all the provisions of this Act shall apply for the collection and recovery of income-tax" indicating use of existing recovery and default mechanisms.

        Differences between the two texts and practical impact

        Comparison of Section 352 (Document 1 - Income-tax Act, 2025) and Clause 352 (Document 2 - Income Tax Bill, 2025 - Old Version) reveals the following material differences and likely practical impacts:

        • Authority to compute accreted income: Document 2 (Bill, old version) expressly empowers the Assessing Officer to compute accreted income after affording a reasonable opportunity of being heard (sub-section (2) of the Bill). Document 1 (enacted Section) omits any express provision vesting computation with the Assessing Officer or the hearing requirement; it directly prescribes the formula and computation by reference to dates and valuation methods.
          • Practical impact: removal of explicit AO role and hearing safeguard may reduce procedural protection for the specified person and centralise computation or leave its administrative locus to rules or practice. If the enacted text is silent, uncertainty arises as to procedural steps prior to charging the additional tax.
        • Cross-reference/placement of table sub-section: The Bill locates the Table in sub-section (5); the enacted Act locates the Table in sub-section (4).
          • Practical impact: purely drafting/ numbering change with no substantive tax effect.
        • Prescription language for valuation methods: The Bill states valuation "as prescribed;" the enacted Section uses "as may be prescribed" (Document 1 uses "as may be prescribed" in sub-section (2)).
          • Practical impact: wording is substantially equivalent - both permit delegated legislation; no significant difference in legal effect.
        • Time of payment where AO passes order: In the Bill, payment is due "within fourteen days from the due date specified in column D of the Table below, or the date of order passed under sub-section (2)." The enacted Section (Document 1) does not include the alternative "or the date of order passed under sub-section (2)" because it lacks an AO-order provision.
          • Practical impact: Bill expressly ties payment timing to AO order; enactment omits that pathway, altering procedural timelines if AO role is not present in enacted text.
        • Minor drafting differences and punctuation/wording: Several clauses show small differences in phrasing, e.g., "computed in accordance with such method of valuation, as prescribed" (Bill) vs "computed in accordance with such method of valuation, as may be prescribed" (Act).
          • Practical impact: negligible substantive difference.
        • Overall structure and sequencing: The Bill contains an express step granting the AO authority and specifying a hearing; the enacted provision removes that explicit adjudicatory step and frames the computation and payment obligations directly on the specified person and principal officer/trustee.
          • Practical impact: substantive procedural change that may affect natural justice guarantees, dispute resolution process, and litigation risk regarding retrospective computation and assessment of accreted income.

        Practical Implications

        • Compliance and risk areas: registered non-profit organisations face a potential one-time tax exposure at the maximum marginal rate upon certain adverse events. Key compliance triggers are timely awareness of changes in registration status, modifications to objects, mergers, conversions, failure to apply for registration, and dissolution procedures. Failure to follow prescribed application windows or to transfer assets upon dissolution risks a tax charge.
        • Procedural risk and dispute: because the Bill vests the Assessing Officer with the power to compute accreted income after affording a reasonable opportunity of being heard, disputes over valuation methodology, asset identification, date of computation and attribution of liabilities will likely arise. The absence of detailed valuation rules in the Clause means reliance on future rules; litigation over valuation standards is foreseeable.
        • Record-keeping/evidence: specified persons should retain contemporaneous records of asset valuations, liabilities, minutes evidencing changes of objects, applications for registration, merger/dissolution documentation and transfer records. The Bill's reliance on FMV and potential AO scrutiny makes documentary support for valuation critical.

        Key Takeaways

        • Clause 352 creates an additional tax at the maximum marginal rate on "accreted income" measured as FMV of assets less liabilities upon specified triggering events.
        • The Assessing Officer is expressly empowered (in the Bill) to compute accreted income after a hearing and pass an order charging tax; payment is due within 14 days from the table-specified due date or AO order.
        • The provision applies to the specified person and its principal officer/trustee; transferees of assets can be deemed assessee in default in dissolution cases, limited to asset value received.
        • Valuation methods are to be prescribed, but the Bill itself gives no technical valuation guidance or definitions for key terms - delegated legislation will be decisive.
        • Significant procedural and valuation disputes are likely; proper record-keeping and timely procedural steps (applications for registration, transfers on dissolution) are crucial.

        Full Text:

        Section 352 Tax on accreted income

        Topics

        ActsIncome Tax