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
    Supervisory Powers in Income Tax Assessments : Clause 272 of Income Tax Bill, 2025 Vs. Section 144A ...
    Procedural Safeguards and Administrative Discretion in Best Judgment Assessments : Clause 271 of the...
    Procedural Evolution in Tax Return Assessment : Clause 270 of the Income Tax Bill, 2025 Vs. Section ...
    Transforming Faceless Inquiry of Tax Administration : Clause 532 of the Income Tax Bill, 2025 Vs. Se...
    Reforming Asset Valuation in Tax Assessments : Clause 269 of Income Tax Bill, 2025 Vs. Section 142A ...
    Modernizing Inquiry and Special Audit Procedures in Indian Tax Law : Clause 268 of the Income Tax Bi...
    Legal Implications of Updated Return Taxation : Clause 267 of the Income Tax Bill, 2025 Vs. Section ...
    Evolution of Self-Assessment: Continuity and Change in Indian Tax Law : Clause 266 of the Income Tax...
    Modernizing the Verification of Tax Returns in India : Clause 265 of the Income Tax Bill, 2025 Vs. S...
    Procedural Innovations in Tax Compliance : Clause 263(2)(a) of Income Tax Bill, 2025 Vs. Section 139...
    The Legal Transformation of Return Filing : Clause 263(2)(a) of the Income Tax Bill, 2025 Vs. Sectio...
    The Evolution of Tax Return Preparer Schemes : Clause 264 of the Income Tax Bill, 2025 Vs. Section 1...
    Strengthening Tax Compliance through PAN-Aadhaar Integration : Clause 262(9) of the Income Tax Bill,...
    Legal Architecture of PAN, Aadhaar, and High-Value Transaction : Clause 262 of the Income Tax Bill, ...
    A New Paradigm for Income Tax Return Filing in India : Clause 263 of the Income Tax Bill, 2025 Vs. S...
    Regulation of Taxpayer Information Disclosure under Indian Income Tax Laws : Clause 258 of the Incom...
    Continuity and Change in the Judicial Status of Tax Proceedings : Clause 257 of the Income Tax Bill,...
    Legal Implications of Faceless Schemes in Income Tax : Clause 260 of the Income Tax Bill, 2025 vs. S...
    Continuity and Change in the Powers of Tax Authorities to Make Enquiries : Clause 256 of the Income ...
    Inspection Powers of Tax Authorities over Company Registers : Clause 255 of Income Tax Bill, 2025 an...
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

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

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    Act RulesBills
    Show AI Summary
    Supervisory power of Joint Commissioner permits binding directions in pending assessments, with a hearing before any prejudicial direction.
    Clause 272 empowers the Joint Commissioner to intervene in any pending assessment by suo motu action, AO reference, or assessee application, to call for records and issue directions that are binding on the Assessing Officer where deemed necessary or expedient; no direction prejudicial to the assessee may be issued without an opportunity of being heard, while directions prescribing lines of investigation are not treated as prejudicial.
    Act RulesBills
    Show AI Summary
    Best judgment assessment: requirement of notice and opportunity to be heard before AO determines taxpayer's liability under reformed assessment framework.
    Clause 271 creates a mechanism for best judgment assessment where the AO may assess income or loss when an assessee defaults on filing returns or complying with statutory notices; the AO must consider all relevant materials, issue a show cause notice affording an opportunity of being heard (subject to an exception where an earlier notice suffices), and determine the sum payable based on his best judgment, with certain interpretative ambiguities left for administrative or judicial clarification.
    Act RulesBills
    Show AI Summary
    Assessment procedure modernization strengthens mandatory intimation and centralized processing, enhancing taxpayer engagement and procedural certainty.
    Clause 270 modernises return assessment by allowing specified prima facie adjustments (arithmetical errors, incorrect claims apparent from the return, late loss set-off, audit discrepancies, late deductions) only after mandatory written or electronic intimation and consideration of the assessee's response; acknowledges deemed intimation where no adjustment arises; fixes an outer deadline for intimation; permits authorised officers to select cases for scrutiny within a prescribed period and requires written assessment orders after evidence is considered; and provides safeguards for exempt entities and non-profits while enabling centralised, technology-driven processing schemes.
    Act RulesBills
    Show AI Summary
    Faceless tax administration: broad power to frame schemes and modify statutory application for digitalised tax processes.
    Clause 532 authorises the Central Government to make schemes by notification for any purpose under the Income Tax Bill, 2025, aiming to enhance efficiency, transparency, and accountability by reducing taxpayer-official interface and optimising resource utilisation. For implementation, the Government may issue notifications that disapply or modify provisions of the Act, and may amend schemes previously framed under the 1961 Act; every such notification must be laid before each House of Parliament. The Board may be empowered to make schemes subject to control of the Central Government.
    Act RulesBills
    Show AI Summary
    Valuation references: statutory regime for Valuation Officer reports, with procedural safeguards and enforceable reporting timelines.
    Clause 269 empowers the Assessing Officer to refer estimation of value of any asset, property, or investment to a Valuation Officer, who must consider all evidence, provide an opportunity to be heard, inspect premises with prescribed notice, and submit a valuation report to the AO and assessee; the VO may make a best judgment assessment if the assessee fails to cooperate and may rectify mistakes apparent from the record, while the AO may use the report after affording the assessee a hearing.
    Act RulesBills
    Show AI Summary
    Inquiry before assessment: AO empowered to call for documents and order special audits, with senior approval and procedural safeguards.
    Clause 268 creates a structured regime for Inquiry before assessment granting the Assessing Officer power to call for returns, accounts, documents and statements of assets and liabilities, subject to prior senior approval for intrusive disclosures and temporal limits on record production. It authorises special audits and inventory valuations with nominated professionals, mandates standardised forms and verifications, provides time limits for reports with limited extensions, secures the assessee's right to be heard before use of inquiry material in assessment, and shifts audit/valuation expenses to the Central Government under prescribed guidelines.
    Act RulesBills
    Show AI Summary
    Updated return taxation requires prior payment of tax, interest, fees and graded additional tax before filing an updated return.
    Clause 267 requires prior payment of tax, interest, fee and a graded additional income-tax before filing an updated return, prescribes allowable credits and reliefs to determine net liability (including advance tax, TDS/TCS, foreign tax reliefs and specified tax credits), treats refunds and earlier credits to prevent double benefit, mandates proof of payment with the updated return, clarifies interest computation on assessed tax under the new code, and empowers the administration to issue implementation guidelines subject to a time-limited sunset and parliamentary oversight.
    Act RulesBills
    Show AI Summary
    Self-assessment obligation: pay tax, interest and fees before filing return, with proof, or face default consequences.
    Clause 266 requires payment, before filing the return, of any tax payable together with interest and fee and proof of such payment; payments short are appropriated in the order fee, then interest, then tax; interest is computed after reducing advance tax, TDS/TCS and specified reliefs and credits; ''assessed tax'' is defined as tax on returned income reduced by those credits and reliefs; failure to pay renders the assessee an assessee in default and triggers recovery and penal consequences without prejudice to other liabilities.
    Act RulesBills
    Show AI Summary
    Verification of returns: clarified authorised signatories and integration of insolvency professionals, with some procedural ambiguities remaining.
    Clause 265 modernises verification of returns by enumerating, in tabular form, the persons authorised to verify returns for specified taxpayer categories, preserving traditional authorities (individual, Karta, managing/designated partner, principal officer, CEO) while incorporating insolvency professionals for entities under insolvency. The Bill omits an explicit "absence from India" reference for individuals and does not expressly require attachment of powers of attorney for non-resident companies, raising potential evidentiary and interpretive issues. The provision allows designation of "other persons as prescribed," aligning the statute with Rule 12AA but requiring careful subordinate rule-making.
    Act RulesBills
    Show AI Summary
    Electronic filing rules broaden CBDT authority to require verification, disclosures, and secure transmission for tax returns.
    Clause 263(2)(a) expands CBDT rule-making authority over procedural return-filing aspects by authorising prescription of classes of persons, the form and manner of furnishing returns, methods of verification, supporting documentation requirements (including post-filing production), and the technological resources or electronic records for transmission, thereby enabling broader disclosures, digital authentication, and integration with other databases to support data-driven compliance.
    Act RulesBills
    Show AI Summary
    Return filing modernization enables rulemaking for electronic forms, verification, and document on demand in a risk based regime.
    Clause 263(2)(a) empowers the Board to prescribe the form, manner, verification and electronic transmission of returns, to specify which supporting documents need not accompany the return but must be produced on demand, and to require prescribed particulars in returns (such as exempt income, specified assets, bank and card details, high value expenditures, audit reports and business or partner details), thereby enabling a risk based, post filing verification regime and differentiated electronic filing requirements for classes of taxpayers.
    Act RulesBills
    Show AI Summary
    Tax Return Preparer scheme shifts operational detail to subordinate legislation, increasing administrative discretion and need for oversight.
    Clause 264 empowers the Central Board of Direct Taxes to notify a Tax Return Preparer scheme allowing specified non corporate, non audited persons to have returns prepared and furnished through authorised TRPs. The clause retains exclusions for audit required entities and certain disqualified persons, mandates scheme notification as per the statutory procedure, and delegates operational details-qualifications, authorisation period, code of conduct, duties, withdrawal and disciplinary mechanisms-to subordinate legislation, increasing administrative flexibility while placing emphasis on oversight, transparency, and transitional arrangements.
    Act RulesBills
    Show AI Summary
    PAN-Aadhaar authentication strengthens transaction traceability and imposes reciprocal verification duties on parties.
    Clause 262(9) requires every person entering into prescribed transactions to quote and authenticate their PAN or Aadhaar and obliges recipients of transaction documents to ensure such quoting and authentication, with authentication involving verification against demographic or biometric information through prescribed authorities and modalities to be specified by the CBDT.
    Act RulesBills
    Show AI Summary
    Permanent Account Number and Aadhaar integration expands mandatory identification and digital authentication for specified transactions and filings.
    Clause 262 consolidates allotment, quoting and authentication of the Permanent Account Number and integrates PAN with Aadhaar by mandating application and quoting obligations for specified classes, enabling voluntary applications, requiring intimation of changes, prohibiting multiple PANs, and empowering rule-making and notification to prescribe transactions, authentication procedures and exemptions; it permits Aadhaar linkage and use in lieu of PAN, contemplates inoperative PAN for non-intimation, and relies on Rules 114AAB, 114B, 114BA and 114BB for operational detail while triggering penalties under the existing framework modeled on Section 272B.
    Act RulesBills
    Show AI Summary
    Mandatory Return Filing expands scope and tightens timelines while enabling updated returns with safeguards.
    Clause 263 consolidates and expands return-filing obligations by listing classes of mandatory filers, requiring threshold income computation without regard to specified exemptions, defining key terms such as beneficial owner and specified entity, prescribing differentiated due dates, authorising rule-making for electronic filing and return particulars, providing a nine-month window for belated and revised returns, maintaining a forty-eight-month updated return regime subject to specified exclusions, and setting a procedure for defective returns with a rectification period and potential invalidation if unrectified.
    Act RulesBills
    Show AI Summary
    Controlled disclosure of taxpayer information limited by a public interest test, with executive power to restrict access and final administrative decisions.
    Clause 258 authorises income tax authorities to disclose information obtained in the discharge of their functions to other tax, duty, cess, or foreign exchange authorities and to notified bodies, constrained by necessity and a public interest limitation; it allows private parties to apply for information subject to satisfaction of senior tax officials and renders disclosure decisions final and non justiciable, while empowering the Central Government by notification to restrict furnishing of information for specified classes of assessees or authorities.
    Act RulesBills
    Show AI Summary
    Deemed judicial status for tax proceedings brings perjury and court grade procedural safeguards to tax adjudication processes.
    Clause 257 treats proceedings before income tax authorities as judicial proceedings and deems those authorities to be Civil Courts for specified sections of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, thereby subjecting participants to penal provisions for false evidence, insult to authority, and related offences while preserving a complaint based procedural safeguard for initiating prosecutions through the income tax authority.
    Act RulesBills
    Show AI Summary
    Faceless collection of information: executive empowered to implement digital, non interface tax information schemes with parliamentary oversight.
    Clause 260 empowers the Central Government, by notification, to create a faceless collection of information scheme for calling for and collecting tax information, inspecting company registers, and exercising assessing powers, enabling elimination of physical interfaces, centralised resource optimisation, team based dynamic jurisdiction, and exceptions or modifications to other statutory provisions to implement the scheme, with the requirement that notifications be laid before both Houses of Parliament.
    Act RulesBills
    Show AI Summary
    Powers of competent authority: generic clause grants Assessing Officer equivalent enquiry powers, raising definition and safeguard concerns.
    Clause 256 gives a competent authority the power to make any enquiry under the Act with all the powers of an Assessing Officer, mirroring Section 135 of the 1961 Act but replacing an enumerative list of officials with a generic term whose scope depends on definitions and notifications; the clause defers procedural safeguards to the general framework of the Act, making clear definition and transparent designation critical to avoid arbitrariness and jurisdictional overlap.
    Act RulesBills
    Show AI Summary
    Inspection of company registers enables tax units to verify ownership and financial interests under faceless assessment reforms.
    Inspection of company registers authorises specified income-tax authorities to inspect and copy registers of members, debenture holders and mortgagees to verify ownership and transactions; such inspections require specific written authorisation and Clause 255 expands exercisable authority to unit-based entities like assessment and verification units, enabling centralized and faceless access while raising questions on necessity thresholds, coverage of electronic records, and procedural safeguards.

    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