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Case Laws GST
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School affiliation services fall outside educational exemption without a direct nexus to admissions or examination conduct.
Consolidated show cause notices may combine financial years governed by Sections 73 and 74 where liabilities are segregated period-wise, each component independently meets limitation and notice requirements, the additional ingredients for fraud-based proceedings are satisfied, and no actual prejudice arises. School affiliation and affiliation-form processing charges are independent taxable supplies where they concern institutional eligibility and compliance, rather than directly and immediately relating to student admission or the conduct of examinations. A broad connection with education does not satisfy the educational-services exemption.
Case Laws GST
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Fraudulent input tax credit requires proof of fictitious supplies, absent goods receipt, and fraud-linked self-assessment, not cancellation alone.
Input tax credit from allegedly non-existent suppliers depends on proof of genuine supply and actual receipt of goods or services, not merely invoices, accounting entries, or banking-channel payments. Section 155 places the burden of establishing ITC eligibility on the claimant. Section 74 requires more than ineligible credit: the wrongful availment must be linked to fraud, wilful misstatement, or suppression to evade tax. Retrospective supplier-registration cancellation is relevant evidence but is not conclusive. A fraud-based notice must disclose facts showing fictitious suppliers, absence of supply, and a basis for inferring the recipient's knowledge or participation.
Case Laws Money Laundering
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Prolonged pre-trial incarceration may justify conditional PMLA bail when delayed trials make continued detention constitutionally disproportionate.
Section 45 of the Prevention of Money-Laundering Act remains the stringent ordinary bail threshold, requiring prosecutorial opportunity and, on opposition, reasonable grounds to believe that the accused is not guilty and unlikely to offend while on bail. Article 21 nevertheless requires a separate, fact-sensitive inquiry where prolonged pre-trial detention and an unrealistic trial timetable make custody disproportionate. Relevant factors include custody length, trial progress, remaining witnesses, secured documentary evidence, source of delay, predicate-case status, and risks of absconding or witness interference. Conditions such as passport surrender, attendance, non-contact directions, and residence disclosure may safeguard the trial.
Case Laws Income Tax
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Prospective operation of stamp-value taxation prevents retrospective application where property agreements and substantial payments predate the charging provision.
Section 56(2)(x)(b) applies to immovable property received for inadequate consideration only where its temporal and valuation conditions are satisfied. A stamp-value difference alone does not establish taxability. Where consideration was fixed and substantial payments or contractual performance occurred before the charging provision commenced, later conveyance or registration does not by itself attract the later charge. Agreement-date valuation is available only for covered transactions where consideration was fixed and paid, wholly or partly, through prescribed banking or electronic modes on or before the agreement date. The tax authority must identify the correct statutory basis and provide a meaningful opportunity to respond.
Case Laws GST
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GST cash seizure limits require statutory relevance and restitutionary interest for unlawfully retained currency following searches.
GST seizure powers cannot be used to take cash as a general investigative measure or security for a possible tax demand. Currency is excluded from goods, and "things" is confined contextually to articles useful or relevant as evidence in GST proceedings. Valid seizure and retention require recorded statutory reasons, procedural compliance and observance of return timelines. Unauthorised retention engages property protections; later return does not cure the deprivation, and accrued interest is restitutionary rather than delayed-refund interest.
Case Laws Income Tax
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Salary expense genuineness requires proof of actual services, business purpose, and fair testing of adverse third-party statements.
Under Section 37(1), salary expenditure is deductible only where it is actually incurred wholly and exclusively for business purposes and is supported by proof of genuine employment, services rendered, business nexus, and payment. Bank transfers and accounting entries alone are not conclusive. Where a third-party statement is central to an allegation of non-genuine salary, the taxpayer should receive disclosure and a meaningful opportunity to rebut it, including cross-examination where appropriate. A retracted and uncorroborated statement is vulnerable as the sole basis for disallowance.
Case Laws Income Tax
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Discounted cash flow valuation remains taxpayer-selected under prescribed rules, while tax scrutiny must identify specific valuation-date defects.
The taxpayer may elect a prescribed DCF valuation for unquoted equity shares, and scrutiny of that method does not permit substitution with Net Asset Value merely because it produces a lower fair market value. The Assessing Officer may examine projections, discount rates, terminal assumptions, computations and source data, but rejection requires demonstrably wrong facts, material errors, a wholly erroneous basis or objectively unsupported assumptions. Subsequent financial performance cannot alone invalidate a bona fide DCF valuation; the relevant inquiry remains the reasonableness of valuation-date information.
Case Laws GST
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Excess IGST on exports remains refundable when later correction triggers automated refund and reconciliation proves duplicate payment.
Refund of excess IGST paid on zero-rated exports may arise where turnover and tax are mistakenly entered under non-zero-rated supplies in FORM GSTR-3B while export invoices and shipping bills are correctly reported in FORM GSTR-1. If the exporter then pays the same IGST in the correct zero-rated field and the automated refund is credited against that later payment, the earlier payment remains a separately identifiable potential excess; its claim is not a repeat request for the same export-tax refund.
Case Laws GST
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GST registration revocation requires timely application, return compliance, payment of dues, and a reasoned statutory decision.
GST registration revocation after cancellation for return default is a conditional, time-bound process. An application under Section 30 and Rule 23 must ordinarily be filed within ninety days, subject to prescribed extension, and cannot be made until pending returns are filed and tax, interest, penalty and late fee are paid. Portal non-acceptance may permit online or physical submission where technically unavailable, but does not condone delay or ensure revocation. The competent authority must assess statutory eligibility, sufficient grounds and compliance while following notice and hearing requirements before rejection.
Case Laws Income Tax
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Reassessment limitation under TOLA requires final notices to issue within surviving time and satisfy statutory safeguards.
Reassessment limitation under TOLA is a jurisdictional restraint. Transitional notices issued between 1 April 2021 and 30 June 2021 are treated as Section 148A(b) show-cause notices, but only the surviving time remaining until 30 June 2021 is available for completing the reassessment process. Periods for supply of material and the assessee's response are excluded, but the Section 148A(d) decision, statutory approval and final Section 148 notice must issue within the remaining period. For Assessment Year 2015-16, post-1 April 2021 notices are treated as time-barred.
Case Laws Customs
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Unseized food consignments cannot face indefinite detention without lawful seizure, valid sampling, and prompt assessment.
Provisional release of an unseized imported food consignment is not mechanically governed by Section 110A, which applies to goods seized under Section 110. Customs may examine, test, verify and reassess imports, but indefinite retention without a seizure memorandum or disclosed reasons connecting the goods with confiscation is not justified. Food sampling should follow the specialised food-safety process through an authorised officer. A valid food-safety report may support conditional clearance, while classification, duty liability, confiscation and adjudication remain open. Revenue may be protected through proportionate security.
Case Laws Customs
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Anti-dumping duty recovery permits post-clearance demands and consequential import IGST where self-assessment omitted an applicable levy.
Unpaid anti-dumping duty omitted during self-assessment may be pursued through the customs recovery procedure without prior appellate modification of the self-assessment. The recovery framework applies to anti-dumping duty through statutory incorporation of provisions concerning assessment, non-levy, short-levy, interest and recovery. Where anti-dumping duty is chargeable, it forms part of the aggregate value used to compute IGST on imports, potentially creating a consequential IGST short-payment. Recovery requires accurate assessment of notification coverage, product, origin, rate, valuation, limitation and procedural safeguards.
Case Laws GST
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Project-wise anti-profiteering requires actual input tax credit measurement and area-based allocation of benefits to real-estate purchasers.
Real-estate anti-profiteering under Section 171 requires project-level identification of additional input tax credit and allocation of the saving across total project area on a per-square-foot basis. Purchase value may quantify credit attributable to project expenditure, but turnover or collections cannot serve as the allocation basis. The comparison must use pre-GST credit actually availed rather than merely available credit. GST collected on consideration inflated by an undistributed benefit forms part of the amount not passed on and remains distinct from statutory interest.
Case Laws Income Tax
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Retirement leave encashment exemption applies under the enhanced notified ceiling while preserving non-government employee classification and statutory conditions.
Section 10(10AA)(ii) governs retirement leave-encashment exemption for non-Government employees, subject to the ten-month earned-leave measure, average-salary computation, and the notified monetary ceiling. Notification No. 31/2023 specifies an enhanced ceiling of Rs. 25,00,000, is deemed effective from 1 April 2023, and certifies that retrospective effect causes no adverse effect. The enhanced ceiling is treated as a remedial rationalisation of an existing exemption and may govern pending earlier-period matters, while preserving the distinction between Government and non-Government employees.
Case Laws GST
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Transit GST jurisdiction limits detention penalties for documented inter-State supplies lacking a local taxable nexus.
Transit-State jurisdiction under GST permits interception, document production, e-way bill verification and authorised physical inspection of goods moving through an intermediate State. It does not, in a pure transit movement, support detention-related penalty for an external inter-State supply where origin and destination lie outside the intercepting State, no tax is payable there, and there is no evidence of diversion, local supply, fictitious or mismatched documents, or mismatch of goods. Cross-empowerment is administrative and does not create an independent territorial taxable nexus.
Case Laws SEBI
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Shareholder ratification cannot cure preferential-issue fund diversion when disclosed objectives are abandoned, triggering securities-market fraud and disclosure concerns.
Post-facto shareholder approval cannot retrospectively validate diversion of preferential-issue proceeds contrary to issue-specific objects disclosed to shareholders and the market. A special resolution authorises the issue but does not permit unrestricted use of proceeds. Periodic deviation reporting, audit-committee review and utilisation disclosures promote transparency; they do not enable diversion followed by later regularisation. Immediate diversion, inadequate commercial justification and missing documentation may indicate that disclosed objects were not genuinely intended to be performed. Later amendment of corporate objects or shareholder ratification cannot cure a completed securities-market disclosure breach.
Case Laws Income Tax
Show AI Summary
Cross-border software payments require copyright-right, technical-service, and permanent-establishment analysis before withholding obligations are determined under applicable treaties.
Section 195 requires withholding only from a remittance to a non-resident that includes income chargeable in India. For software, royalty depends on transfer of copyright rights, not merely the right to install, access, use, or distribute a copyrighted article under restrictive terms. Where a DTAA is more beneficial, its royalty and FTS definitions control; treaty FTS may require technology to be made available. Amounts that are neither royalty nor FTS require consideration as business profits, ordinarily taxable only where profits are attributable to a permanent establishment. Composite payments require component-wise allocation and analysis.
Case Laws GST
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Personal GST penalty requires proof that the beneficiary retained benefit and directed a covered invoice or credit transaction.
Section 122(1A) may impose personal GST penalty on a registered or unregistered person only for a covered invoice or input tax credit transaction. Liability requires cumulative proof that the individual retained an identifiable personal benefit and that the transaction was conducted at that person's instance. Directorship, employment, registration, signature authority, or association with the taxable entity neither independently establishes nor excludes liability. Proceedings require transaction-specific and person-specific allegations and findings. The provision operates prospectively for underlying acts or transactions occurring on or after 01.01.2021.
Case Laws IBC
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Proof of tenancy rights governs insolvency recovery of corporate-debtor premises from occupants lacking enforceable possessory interests.
Where premises form part of the corporate debtor's assets, Sections 18 and 25 of the Insolvency and Bankruptcy Code, 2016 require the resolution professional to take custody, control, preservation and protection measures. An occupant resisting recovery must prove a subsisting tenancy, leasehold interest or enforceable licence through reliable evidence of the parties' intended relationship and its essential terms. Permission to stock goods or conduct limited business activity, prolonged occupation, and business or utility records do not independently create rights in the premises. Section 60(5)(c) supports insolvency jurisdiction over asset-recovery measures connected with the insolvency estate.
Case Laws GST
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GST portal service requires statutory validity and practical accessibility before ex parte adjudication can fairly proceed.
GST portal service is a statutory method under Section 169, but its use in an ex parte demand proceeding depends on effective accessibility and a meaningful opportunity to reply and be heard. Rule 142 requires electronic DRC-01 and DRC-07 summaries to operate alongside the underlying show-cause notice and reasoned order. Portal placement, complete communication, e-mail transmission, technical reliability and proof of actual access may determine whether service is effective, whether waiver applies, and whether appellate limitation begins.

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Comparison of section 353 "Other violations." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

12 September, 2025

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Section 353 Other violations

Income-tax Act, 2025

At a Glance

Clause 353 (Income-tax Bill, 2025 - Old Version and Section 353, Income-tax Act, 2025) prescribes tax consequences for registered non-profit organisations that commit specified procedural or substantive violations. It identifies when regular income becomes taxable and prescribes the limited expenditure that may be deducted in computing taxable regular income. Affected parties: registered non-profit organisations and the revenue department. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause/Section 353 operates in the field of the Income-tax legislation and cross-refers expressly to sections 334, 338, 346, 347, 348, 349 and 35(b)(i). Context: The provision addresses "other violations" by registered non-profit organisations and prescribes tax treatment where certain compliance failures or prohibited activities occur during a tax year. Coverage: registered non-profit organisations that (a) fail to maintain books u/s 347, (b) fail to get books audited u/s 348, (c) fail to furnish returns u/s 349, or (d) carry out a commercial activity in contravention of section 346 while carrying out advancement of other object(s) of general public utility. Definitions/explanations: The text does not supply separate definitions beyond its cross-references. Not stated in the document: any legislative history, purpose statement, or definition of terms like "commercial activity" beyond the cross-reference to section 346.

Statutory Provision Mode

Text & Scope

The core structure is as follows:

  • Sub-section (1) - Events: If during a tax year a registered non-profit organisation commits any of the listed failures or contravenes section 346 by carrying out a commercial activity while advancing other objects of general public utility, "its regular income for such tax year as reduced by the expenditure referred to in sub-section (3)" shall become taxable regular income chargeable u/s 334.
  • Sub-section (2) - Specified and residual income: Specified income and residual income of the registered non-profit organisation which are not included under sub-section (1) are also chargeable to tax u/s 334. The Bill states this is "in addition to" the tax under sub-section (1) and that section 338 does not apply; the Act states that the provision operates "irrespective of the provisions of section 338."
  • Sub-section (3) - Permitted expenditure: Sets out conditions under which expenditure is to be recognised in computing the reducible amount of regular income in sub-section (1). Conditions include (in one version) an express ban on capital expenditure and a list of disallowances (e.g., not from corpus, not from loans, depreciation claims limitations, not contributions to persons, payments contravening section 36 subsections, and allowance u/s 35(b)(i)).
  • Sub-section (4) (Act) - No other set off/deduction: The Act explicitly provides that no set off or deduction or allowance other than those in sub-section (3) shall be allowed.

Interpretation

The textual design shows a legislative intent to impose tax consequences on non-profits that either fail procedural compliance (books, audit, return) or cross statutory activity boundaries (commercial activity contravening section 346). The provision converts "regular income" into taxable regular income in such years, while permitting a narrow catalogue of expenditure to reduce the taxable amount. The separate treatment of specified and residual income indicates the statute intends to capture all income streams of a non-profit that fall outside permitted treatment, notwithstanding any special provisions in section 338.

Exceptions/Provisos

The statute creates limited exceptions in favour of the organisation in computing taxable regular income: only expenditure that satisfies the conditions listed in sub-section (3) is allowable. These include expenditure being incurred in India, for the objects of the organisation, not from the corpus as of the end of the preceding tax year, not out of loans or borrowings, with restrictions on depreciation claims and payments to persons in contravention of section 36(4)-(7), and allowance conditions u/s 35(b)(i). In the Bill the express statement "capital expenditure shall not be allowed" appears as a stand-alone clause; in the Act that exclusion is incorporated by the phrase "other than capital expenditure" in the opening of sub-section (3). Not stated in the document: any thresholds, procedures for proving eligibility, or remedial opportunities for the non-profit (e.g., opportunity to rectify defaults) beyond the textual conditions.

Illustrations

  • Hypothetical 1: A registered non-profit fails to file its return for tax year X and has regular income of Rs. 10 lac. Under sub-section (1) the organisation's regular income, reduced only by qualifying expenditure per sub-section (3), becomes taxable regular income chargeable u/s 334. Not stated in the document: specific tax rate or computation mechanics u/s 334.
  • Hypothetical 2: A registered non-profit carries out a commercial activity contravening section 346 and earns income from that activity that is classified as specified income. If that specified income is not covered by sub-section (1), sub-section (2) renders it chargeable u/s 334 irrespective of section 338. Not stated in the document: how specified/residual incomes are to be apportioned for mixed activities.

Interplay

The text expressly interacts with sections 334 (chargeability of tax), 338 (excluded or special treatment), 346 (commercial activity limits), 347-349 (obligations on books/audit/return), 35(b)(i) (allowability of particular payments), and 36(4)-(7) (payments to persons). The Act's language emphasises that section 338 is to be disregarded for incomes captured under sub-section (2) (or "irrespective of" section 338), signalling an intention to prevent special protective mechanisms elsewhere from defeating taxation here. Not stated in the document: any rules, circulars, or clarifying guidance explaining application where multiple provisions overlap.

Differences between the two provisions and practical impact

  • Placement of prohibition on capital expenditure and set-off: The Bill (Clause 353, Old Version) expressly lists "capital expenditure shall not be allowed" as clause (a) within the computation conditions in sub-section (3), and places the prohibition on set off/deduction as clause (j) within the same sub-section. The enacted Section 353 shifts wording: sub-section (3) begins by saying expenditure referred to in sub-section (1) shall be the expenditure incurred in India (other than capital expenditure) - thereby embedding the capital-expenditure exclusion in the main description - and moves the prohibition on set off/deduction/allowance to a separate sub-section (4).
    • Practical impact: Functionally the same restrictions appear to remain, but the Act's re-structuring separates the list of qualifying expenditure from the rule disallowing other set offs/deductions, which may affect statutory reading and drafting clarity.
  • Sub-section (2) wording and emphasis: The Bill states that "In addition to the tax referred to in sub-section (1), the specified income and residual income ... shall also be chargeable ... to the extent not covered ... and the provisions of section 338 shall not apply." The Act states: "Irrespective of the provisions of section 338, any the specified income and residual income ... which is not included in sub-section (1) shall also be chargeable ..."
    • Practical impact: Both aim to subject specified and residual incomes to tax in addition to sub-section (1) amounts and to neutralise section 338, but the Act's phrasing places a direct emphasis on disregarding section 338; the functional result appears substantially similar, though drafting differences could influence interpretive emphasis in disputes.
  • Minor drafting and typographical differences: The Act contains a minor typographical insertion ("any the specified income") and reorders certain clauses (e.g., clause reference to section 35(b)(i) remains but appears as (h) in the Act).
    • Practical impact: No substantive alteration of substantive conditions is evident from the text provided; differences are primarily structural and stylistic.

Practical Implications

  • Compliance and risk areas: Registered non-profit organisations face direct tax exposure where they fail to maintain books, secure an audit, file returns, or engage in prohibited commercial activity. The provision narrows allowable deductions, increasing effective taxable base risk in non-compliance years.
  • Record-keeping/evidence: The statute highlights the primacy of expenditure "incurred in India," "for the objects of the registered non-profit," and not from corpus or borrowings. Organisations should, therefore, maintain clear contemporaneous records proving the source of funds, purpose of expenditure, location of expenditure, and depreciation claims, though procedural requirements for proof are Not stated in the document.

Key Takeaways

  • Section/Clause 353 targets both procedural failures (books, audit, returns) and substantive violation (commercial activity contrary to section 346) by registered non-profits and converts regular income into taxable regular income for the tax year of violation.
  • Specified and residual incomes not covered under the taxable regular income provision are also taxed u/s 334, and the provision disfavors the application of section 338.
  • The statute permits only a narrow class of expenditures to reduce taxable regular income; capital expenditure and certain categories of payments are excluded.
  • The Act restructured certain clauses from the Bill (notably repositioning the capital expenditure exclusion and the prohibition on other set offs/deductions), with no clear substantive relaxation or extension shown in the text provided.
  • Organisations must maintain documentation showing source and nature of expenditures, but specific procedural proofs or remedial mechanisms are Not stated in the document.

Full Text:

Section 353 Other violations

Topics

Acts Income Tax