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Act Rules Income Tax
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Interest for defaults in payment of advance tax triggers monthly simple interest where advance payments fall short of assessed tax.
The provision charges simple interest where a taxpayer fails to pay advance tax or pays less than the safe harbour proportion of assessed tax, starting from 1 April following the tax year until determination of total income or completion of regular assessment. Interest is computed on assessed tax or the shortfall, with the assessed tax base reduced by specified items such as tax deducted/collected at source, reliefs and eligible tax credits; reassessment or recomputation increases or reduces interest accordingly and payments already made reduce liability.
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Stay of recovery: mandatory pause during granted payment time and while appeal-linked reductions remain pending.
Section 415 requires the Tax Recovery Officer to grant time for payment and stay recovery during that period, and to stay recovery of any portion of a certificate corresponding to a reduced demand while related proceedings remain pending; where the order giving rise to the demand is modified and becomes final, the Officer must amend or cancel the certificate. The Act's enacted text links reductions specifically to modification of the order giving rise to the demand, narrowing the Bill's broader phrasing.
Act Rules Income Tax
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Payment deadline for tax demands triggers monthly interest and potential acceleration on instalment default, while relief may be available.
Clause 411 makes amounts in a notice of demand payable ordinarily within thirty days of service, permits the AO with Joint Commissioner approval to shorten that period, and charges simple monthly interest from the day after the due date until payment. The AO may extend time or allow instalments on timely application, but any instalment default accelerates the whole outstanding amount. Commissioners may reduce or waive interest for genuine hardship or circumstances beyond control, subject to cooperation and procedural safeguards. Where foreign law prevents remittance, the non remittable portion must not be treated as in default.
Act Rules Income Tax
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Advance tax obligation: taxpayers must self estimate income and pay instalments, with permitted adjustments to remaining payments.
Every person liable to pay advance tax must remit instalments based on the assessee's own estimate of current income (the specified sum) and the tax thereon, calculated by the prescribed method and paid at prescribed instalment percentages and due dates; taxpayers may increase or reduce amounts in remaining instalments to reflect revised estimates, and the clause itself defines specified sum but is silent on exceptions, enforcement, interest, penalties and procedural recordkeeping.
Act Rules Income Tax
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Withholding definitions expanded to include both incorrect deduction and collection rates, increasing administrative scrutiny of statements.
Section 402 provides the definitional framework for deduction and collection at source, specifying who is a person responsible for paying, buyer, seller and other categories, and defining transactional terms including rent, immovable property and digital-economy roles. The Act expands the concept of an "incorrect claim apparent from any information in the statement" to cover both incorrect rates of deduction and incorrect rates of collection, thereby enabling identification of filing errors from statements alone. Turnover thresholds and carve-outs determine when withholding obligations arise; several definitions rely on cross-references to external provisions.
Act Rules Income Tax
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Deemed assessee in default for non-deduction or non-collection of tax exposes deductors/collectors to interest and asset charge.
Failure to deduct, collect, or pay tax causes the person required to do so to be deemed an assessee in default, liable for interest on delayed deduction/collection and on delayed payment, and, where tax has been deducted or collected but not paid, the tax and interest form a statutory charge on all assets; a safe harbour exists if the recipient has filed a return, included the amount and paid tax and the deductor/collector produces the prescribed accountant's certificate, while penalty can be imposed only if the assessing officer is satisfied there were no good and sufficient reasons for the failure.
Act Rules Income Tax
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TAN/PAN compliance tightens reporting and mandates higher withholding where PAN is not furnished, while shortening correction windows.
Clause 397 mandates TAN application and mandatory TAN quoting by deductors/collectors, requires payees/payers to furnish a PAN (with enacted text adding a "valid" PAN requirement), prescribes higher withholding/collection rates where PAN is not furnished subject to enumerated exceptions, requires timely deposit of deducted/collected tax and filing of prescribed statements, provides a correction statement mechanism with a time limit, sets special reporting duties for payments to non residents and small interest payments by banks/co operatives/public companies, and preserves collector liability for unpaid but collectible tax.
Act Rules Income Tax
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Certificates for lower tax withholding enable AO-issued rates or nil deduction and proportionate nonresident withholding relief.
Clause creates an AO-issued certificate system permitting payees, buyers/licensees/lessees and payers to obtain prescribed-form certificates altering the rate (or, under the Act, rate or nil deduction) at which tax is deducted or collected; for non-salary payments to non-residents the payer may seek a proportionate determination of the taxable part; deductors/collectors must issue prescribed documentary certificates to deductees/collectees and the AO may cancel certificates after affording a reasonable opportunity, with detailed forms, validity and procedures left to rules.
Act Rules Income Tax
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Collection of tax at source: TCS on specified receipts with exemptions, non cumulation and documentation duties.
Clause 394 prescribes TCS on nine specified receipt types with collectors (sellers, authorised dealers, licensors/lessors) required to collect at prescribed rates at the earlier of debiting the buyer's account or receipt. Indian resident buyers may avoid collection by furnishing a prescribed declaration of end use; the enacted law imposes a delivery timeline for that declaration and adds an exemption for certain education loan funded remittances. The provision includes non cumulation rules to prevent duplicate collection and leaves procedural specifics to subordinate rules.
Act Rules Income Tax
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Section 393 prescribes a comprehensive TDS matrix covering payments to residents, non-residents and any person, listing payment categories, the person liable to deduct, rates or rates-in-force and monetary thresholds. Deduction is required at credit or payment, whichever is earlier, with specific precedence rules (notably for e-commerce) to prevent multiple deductions. The section contains carve-outs and nil-deduction declaration mechanisms subject to conditions and reporting; operational guidance emphasises mapping payments to entries, retaining declarations and ensuring tax on mixed cash and in-kind transactions before release.
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Section 392 places primary TDS obligation on payers of salary to deduct tax at the time of payment at the average rate on estimated annual income; employers may opt to pay tax on non monetary perquisites. Trustees of recognised provident and superannuation funds must deduct tax where Schedule XI applies, with a specified 10% withholding rule for certain employees' provident fund accumulations. The enacted text tightens prescribed form and verification requirements, alters a cross reference to section 17, and expressly permits eligible start ups to "deduct or pay, as the case may be."
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Withholding tax and advance payments operate independently of assessment, securing provisional tax credits and rule making authority.
Deduction or collection at source, advance payment, and specified payments under section 392(2)(a) operate independently of later assessment and are additional to other recovery measures; amounts remitted to the Central Government are treated as tax paid on behalf of the person from whose income tax was deducted, from whom tax was collected, or in respect of whose income tax was paid, and the Board may make rules for crediting such amounts and for attributing the tax year for credit.
Act Rules Income Tax
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Procedure on receipt of application: Board must forward application, call records, hear applicant, and issue certified rulings promptly.
Clause 384 requires the Board for Advance Rulings to forward an application to the Principal Commissioner/Commissioner, call for relevant records, and, after examining the application and records, either allow or reject the application by order. Mandatory rejection grounds include pending proceedings before tax authorities or tribunal, questions on fair market value, and transactions prima facie for tax avoidance, subject to exceptions. Rejection cannot occur without offering an opportunity to be heard and recording reasons; allowed applications must receive a written ruling within the prescribed timeframe and certified copies are to be transmitted to the applicant and assessing officer.
Act Rules Income Tax
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Advance ruling application procedure: removal of copy requirement and fee benchmark increases administrative flexibility for applicants.
Applications for an advance ruling must be made in the form and manner, and accompanied by the fee, as prescribed, with an applicant permitted to withdraw the application within thirty days; the provision delegates prescription of form, manner and fee to subordinate rules, and the enacted text removes a quadruplicate filing requirement and a fixed monetary benchmark previously stated in the Bill, thereby increasing administrative flexibility while placing compliance dependence on subsequent rules.
Act Rules Income Tax
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Revision of orders prejudicial to revenue empowers Competent Authority to revisit AO/TPO orders and direct fresh assessments.
The Competent Authority may call for and examine records of any proceeding and, if satisfied an AO or Transfer Pricing Officer's order is erroneous and prejudicial to revenue, may revise that order after giving the assessee an opportunity of being heard and making such inquiry as necessary; revision can enhance, modify, cancel or direct a fresh assessment, extends to AO/TPO functions and matters not decided in appeal, and is subject to a two-year limitation with specified exclusions and an exception to give effect to appellate findings.
Act Rules Income Tax
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Identical question procedure: deferral and preservation of departmental appeals pending a controlling higher court decision.
The provision creates an administrative mechanism where a Board specified collegium may determine that an identical question of law is pending in another case before a High Court or the Supreme Court and, on that basis, direct restraint from immediate departmental appeal while requiring a prescribed application to preserve the right to appeal later; if the assessee accepts identity the Assessing Officer files the application, otherwise the department proceeds with ordinary appeals, and subsequent appeals may be filed if the higher court decision does not sustain the earlier favourable order.
Act Rules Income Tax
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Identity of question of law enables taxpayer to seek application of pending higher-court decision and waive further appeals.
Section 375 provides an overriding procedure by which an assessee may declare that a question of law in a relevant tax-year is identical to a question pending in another case before specified higher fora; upon a prescribed declaration and, where applicable, a report and hearing involving the Assessing Officer, the assessing or appellate authority may admit or reject the claim by final written order and, if admitted, may dispose of the relevant case and later apply the final decision in the other case by amending earlier orders in conformity.
Act Rules Income Tax
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Appealability to Joint Commissioner (Appeals) expanded to include deductors and collectors, broadening standing to challenge subordinate tax orders.
Appealability to the Joint Commissioner (Appeals) covers specified subordinate Assessing Officer orders-intimations involving adjustments, assessment, reassessment, recomputation, specified assessment orders, penalties, and amendments thereto-with appeals barred if the impugned order was passed by or with prior approval of an authority above Deputy Commissioner. The enacted text expands standing to include deductors and collectors alongside assessees, clarifies objection language regarding adjustments, provides transfer powers between appellate authorities with a rehearing right on transfer, and permits Central Government schemes and Board exemptions to alter procedural or jurisdictional application.
Act Rules Income Tax
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Related-person tests broadened to include relatives' concerns and donor-threshold triggers, expanding scrutiny over non-profit transactions.
Section 355 defines terms governing registered non-profit organisations and related actors, including anonymous donation, approval, donation, commercial activity, registration, registered non-profit organisation, related person, relative, residual income, specified asset, specified person, specified provision, substantial interest and value. The definitions establish donor-based related-person thresholds, treat fee-for-service activities as commercial activity irrespective of income application, set a twenty-percent threshold for substantial interest in companies and concerns, and attribute specified assets based on acquisition source and timing, with certain carve-outs and cross-references to other Act provisions.

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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

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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

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Acts Income Tax