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Case Laws GST
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Non-business construction concessions for spinning mills require eligible recipient status and predominantly non-industrial use of the constructed buildings.
For the disputed period, the works-contract concession required both an eligible governmental recipient and structures predominantly meant for use other than commerce, industry, business or profession. Government Entity status required evidence of the recipient's constitution and qualifying governmental participation, while procurement had to relate to entrusted work. Project funding, tender approval and supervision did not by themselves establish governmental constitution or control. The spinning-mill factory buildings and allied works were intended for yarn production and related commercial activities. The residual construction-services entry carried aggregate GST of 18% for services outside the specified concessional entries.
Case Laws Customs
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Import document handling alone does not establish customs abetment or knowing use of materially false declarations.
Personal customs penalties depend on the person's own conduct, not merely on the confiscability of imported goods. Under Section 112(a) of the Customs Act, 1962, liability may arise from a person's own act or omission rendering goods liable to confiscation or from abetment of such conduct. The direct limb can operate on a strict-liability basis where a person's own act or omission renders goods confiscable; an allegation of abetment instead requires evidence of participation or culpable facilitation. Section 114AA requires knowing or intentional making, signing or use, or causing the making, signing or use, of a declaration, statement or document that is materially false or incorrect in customs business.
Case Laws GST
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Subcontracted services performed on own account are not intermediary services merely because they support overseas recruitment and customer-facing activities.
Intermediary classification under Section 2(13) of the IGST Act distinguishes arranging or facilitating supplies between other persons from supplying services on one's own account. The intermediary framework requires at least three parties, a main supply and a distinct ancillary facilitating supply, with conduct resembling that of a broker or agent. Subcontracting the whole or part of a service is not intermediary activity merely because performance supports another supplier's business or involves its customers. Neither a bilateral agreement, contractual label nor remuneration method is conclusive.
Case Laws Customs
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Split air conditioner classification requires capacity and refrigeration features to be assessed against the applicable tariff hierarchy.
Classification of ductless split air conditioners depends on the complete tariff description and the machine's technical characteristics. A complete, cooling-only, two-ton split air conditioner incorporating a refrigerating unit and lacking a heat-reversal valve falls within tariff item 8415 82 10 rather than the general split-system item 8415 10 10. Item 8415 82 10 inherits its parent subheading's refrigerating-unit requirement, while item 8415 83 10 requires the absence of such a unit. Capacity alone does not establish the applicable refrigeration-based entry. Technical evidence should establish whether the goods are a complete machine and identify their capacity and operating features.
Case Laws Income Tax
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Convertible debenture interest requires evidence-based pricing before conversion; future equity conversion alone cannot establish a nil arm's length price.
Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.
Case Laws Customs
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Split motorcycle consignments require evidence of deliberate fragmentation for composite classification, with valuation assessed independently of classification.
Clubbing of split consignments for customs classification depends on proof that apparently separate imports form one deliberately fragmented transaction, not merely on the possibility of assembly. Rule 2(a) extends a tariff heading to an incomplete article possessing the essential character of the complete article and also covers a complete article presented disassembled. A change of tariff heading alone does not establish that the transaction value is inaccurate; substantive misdescription of the goods requires separate evidentiary consideration. Replacement value must follow the prescribed sequence of methods.
Case Laws GST
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Corporate guarantee taxation depends on distinguishing taxable supply from valuation, particularly for unpaid support between related businesses.
GST on corporate guarantees requires separate consideration of whether a taxable supply exists and how that supply is valued. Section 7(1)(c) and Schedule I encompass qualifying supplies between related or distinct persons without consideration when made in the course or furtherance of business. Rule 28(2) deems the value of a guarantee furnished to a banking company or financial institution for a related recipient in India to be one per cent of the guaranteed amount per annum or actual consideration, whichever is higher. Where the recipient is eligible for full input tax credit, the proviso treats the value declared in the invoice as the value of the supply.
Case Laws Income Tax
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Employee secondment taxation depends on employment rights, service consideration and demonstrable transfer of technical capability to host entities.
Local operational control and a stated suspension of foreign employment do not, by themselves, resolve whether underlying foreign employment rights survive. Under Article 12(4)(b) of the India-USA DTAA, technical or consultancy services must make technical knowledge, experience, skill, know-how or processes available, or involve development and transfer of a technical plan or design. Under the knowledge-transfer limb, the recipient must acquire a capability it can use independently; the mere application of expertise or presence of qualified personnel is insufficient. Recovery at actual cost and absence of markup do not, by themselves, establish that a foreign enterprise's receipt is non-taxable.
Case Laws GST
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GST appellate pre-deposits may be satisfied by verified earlier payments after demand reduction, but filing fees remain independently payable.
When the first appellate authority substantially reduces the disputed tax demand, an earlier deposit may be sufficient to satisfy the Tribunal-stage requirement, subject to verification. Sufficiency depends on the reduced liability, the applicable appellate requirements and the amount actually deposited; a first appellate payment does not automatically eliminate the additional obligation. Tribunal filing fees under Section 112(7) operate independently of pre-deposit. Where a fee shortfall and earlier deposit require verification, proof of fee payment and verification of the deposit precede consideration of admission.
Case Laws Income Tax
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Inter-co-operative society interest exemption preserves non-deduction by co-operative banks when depositors are co-operative societies under the statutory withholding framework.
Section 194A(3)(v) separately addresses interest paid by a co-operative bank to a member and interest paid by a co-operative society to another co-operative society. The exclusion of co-operative banks is confined to the member-payment limb; a co-operative bank remains a co-operative society for the inter-co-operative society limb. Paragraph 42.7 of Circular No. 19/2015 preserves non-deduction, including time-deposit interest, where the depositor is a co-operative society. Section 80P does not determine this withholding obligation.
Case Laws GST
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Input tax credit reversal requires evidence linking supplier non-payment to recipient ineligibility and a reasoned statutory inquiry.
Input tax credit under Section 16(2)(c) remains conditional on actual payment of tax to Government, but supplier non-payment or retrospective cancellation cannot by itself justify reversal. The recipient must establish eligibility through transactional evidence, while the proper officer must investigate the particular supply, disclose supplier-default and recovery material, apply the law applicable to the relevant period, and issue a reasoned, notice-bound determination. Supplier recovery status and protection against duplicate collection are material considerations.
Case Laws Customs
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Baggage-related customs appeals proceed through statutory revision when the jurisdictional exclusion applies to passenger imports.
The first proviso to section 129A(1) excludes Appellate Tribunal jurisdiction over an order under section 128A relating to goods imported or exported as baggage. The decisive issue is the order's connection with baggage, not disputes concerning confiscation, declaration, duty, personal effects, concealment, concession, or penalty. Articles carried by an international passenger in luggage or on the person may constitute baggage. Section 129DD provides revision before the Central Government, ordinarily within three months, subject to a further period on sufficient cause.
Case Laws GST
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Departmental GST appeal monetary limits regulate officers, while composite orders and proven recurring issues may permit appeals.
Sections 120 and 168 of the Central Goods and Services Tax Act, 2017 make monetary-limit directions binding within the Central tax hierarchy, while they regulate the executive decision to file rather than create an inflexible jurisdictional bar before the Tribunal. In a composite order disposing of multiple appeals or demand notices, the relevant amount is the total disputed tax, interest, penalty or late fee, as applicable. The recurring or interpretative-issue exclusion requires a reasoned, case-specific basis, and Commissioner authorisation does not itself establish compliance with the litigation policy.
Case Laws GST
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E-way bill re-use allegations require corroborated proof identifying the same goods; vehicle movement alone cannot establish contravention.
Alleged re-use of invoices and e-way bills requires the seizing authority to establish through positive, corroborated evidence that the intercepted goods are the same consignment previously transported under those documents. Toll data, vehicle movements and photographs may justify inquiry but do not alone prove prior delivery, identity of goods or re-use. Where invoices and e-way bills accompany the goods and physical verification shows no discrepancy, the authority must investigate and address any explanation of a different earlier consignment. Cases involving absent or expired transport documents remain factually distinct.
Case Laws GST
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Zero-rated supply turnover includes export invoices from the refund period when actual export is subsequently established under bond or LUT.
Under Rule 89(4), invoice values for goods invoiced before or at removal for export under bond or Letter of Undertaking may be included in zero-rated turnover for the relevant refund period, although physical export occurs later. The invoice and removal determine period-wise attribution for the refund formula, while actual export remains essential to sustain the claim. Shipping bills, bills of export and related export records must correlate with the export invoices to establish that the goods were ultimately exported. Compliance with valuation, input tax credit eligibility and bond or Letter of Undertaking conditions remains necessary.
Case Laws Income Tax
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Reassessment objections require speaking disposal and a four-week pause before scrutiny or information requests can begin.
Under the pre-amendment Section 148 framework, reassessment jurisdiction must be resolved before merits-stage scrutiny begins. The Assessing Officer must furnish recorded reasons when requested, permit objections, and decide them through a separate speaking order. A Section 143(2) notice commences scrutiny, while a Section 142(1) notice is a substantive inquiry step; neither may issue before objections are decided. Following rejection, a four-week period from service of the speaking order must be allowed before further reassessment action, preserving an effective opportunity to challenge reopening.
Case Laws GST
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Suppression of facts requires proof of deliberate tax evasion; ineligible input tax credit alone cannot support enhanced proceedings.
Section 74 permits enhanced tax determination for wrongly availed or utilised input tax credit only where fraud, wilful misstatement, or suppression of facts to evade tax is established. Wrong or ineligible credit is distinct from substantive credit eligibility and cannot, without evidence of deliberate conduct and intent, amount to suppression. Under historical Explanation 2, suppression required either omitted information legally required in prescribed filings or failure to provide information sought in writing; both operate subject to the statutory evasion requirement. Disclosed reconciliations and portal records materially weaken a bare allegation of non-declaration.
Case Laws Customs
Show AI Summary
Organic surface-active agent classification requires water solubility and stability; phase-separating low-ethoxylated products fall outside Heading 3402.
Classification of low-ethoxylated non-ionic fatty alcohol ethoxylates under Heading 3402 requires satisfaction of the cumulative water test in Chapter Note 3. At the prescribed concentration, temperature, and standing period, the product must both remain a transparent or translucent liquid, or stable emulsion, without phase separation and reduce water surface tension to the stated threshold. Non-ionic character or surface activity alone is insufficient. Where a low-ethoxylated product separates into layers and fails the solubility and stability requirement, Heading 3824 may be considered after exclusion from Heading 3402.
Case Laws Customs
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Lawful customs seizure requires recorded confiscation grounds, formal restraint where needed, and timely notice; detention cannot bypass safeguards.
Customs seizure of an imported car requires recorded reason to believe that it is liable to confiscation. A panchnama restraint cannot replace a lawful seizure order, an undertaking where seized goods remain in custody, or a served non-dealing order where seizure is impracticable. Section 110(2) requires prompt notice under Section 124, subject only to the prescribed extension mechanism. Prolonged effective detention cannot postpone those safeguards. Provisional release under Section 110A applies only to goods lawfully seized and cannot validate an earlier detention without statutory authority.
Case Laws Companies Law
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Corporate veil-piercing permits forensic scrutiny in execution where promoter-controlled entities may dissipate shareholding despite judicial assurances.
Corporate veil-piercing in execution is an exceptional response where promoters allegedly use layered entities and securities transactions to deplete shareholding represented as security through judicial assurances. Separate personality remains the rule, and control or ownership alone does not suffice; there must be a nexus between control, misuse of the corporate form, and frustration of enforcement. A forensic audit reconstructs share movements, pledges, sales, financing, approvals, disclosures, and fund flows, distinguishing legitimate enforcement of pre-existing security from coordinated asset dissipation.

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Comparison of section 392 "Salary and accumulated balance due to an employee." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

13 September, 2025

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Section 392 Salary and accumulated balance due to an employee

Income-tax Act, 2025

At a Glance

The texts compared are Clause 392 dealing with deduction of income-tax at source on salaries and accumulated balances payable to employees. They affect employers/payers, trustees of provident/superannuation funds, eligible start-ups and employees. The documents are the Income Tax Bill, 2025 (Old Version) and the enacted Income-tax Act, 2025 (Section 392) as reproduced; differences between the two are identified below. Effective date or commencement is: Not stated in the document.

Background & Scope

Statutory hooks: provisions are located in the chapter dealing with deduction and collection at source (TDS/TCS) and interact with section 17 (taxability of perquisites), section 140 (definition/eligibility of start-ups as referenced), section 289(3) (time for payment by payee), Schedule XI (paragraphs referenced) and the Employees' Provident Funds Scheme, 1952. The provision governs-(a) employer obligations to deduct tax on salaries at average rates; (b) optional payment of tax by employers on non-monetary perquisites; (c) special rules for eligible start-ups and allotment/transfer of specified securities or sweat equity; (d) particulars to be furnished by the assessee for estimating tax to be deducted; and (e) obligation of trustees/authorised persons to deduct tax on accumulated balances under provident/superannuation funds.

Definitions or explanatory provisions: Not stated in the document beyond cross-references to section 17, section 140, section 289(3) and Schedule XI. The precise meaning of "average rate" is not defined in these texts; Not stated in the document.

Statutory Provision Mode

Text & Scope

Coverage: Section/Clause 392 imposes obligations on any person responsible for paying income chargeable under the head "Salaries" to deduct income-tax at the time of payment at the average rate computed on the estimated income of the assessee for that year. It addresses non-monetary perquisites (optional employer payment), special rules for eligible start-ups relating to specified securities/sweat equity, particulars to be furnished by the assessee for deduction computation, duties of trustees of recognised provident funds and superannuation funds, and a specific procedure and rate (10%) for deduction by EPF trustees where aggregated payments are Rs. 50,000 or more and the amount is includible in total income. Ingredients/elements: payer responsibility, timing of deduction (at payment), rate basis (average rate), prescribed forms and verification for employee particulars, trustees' deduction obligations where Schedule XI paragraphs apply, and the specific 10% deduction rule for EPF accumulated balances.

Interpretation

Legislative intent and interpretive principles indicated by the text: Not stated in the document. The text indicates a scheme to place primary responsibility on payers/trustees to withhold tax at source at average rates and to provide procedural avenues (prescribed forms/verification) for employees to influence withholding amounts. No explicit statement of intent beyond operative obligations is provided in the documents.

Exceptions/Provisos

Carve-outs and conditions expressly present in the text include:

  • Reduction of tax deductible from salary is permitted only on account of (i) loss under "Income from house property"; and (ii) tax already deducted/collected under other provisions of the Chapter.
  • Trustees of recognised provident funds/superannuation funds must apply deductions where specified paragraphs of Schedule XI apply; EPF trustees must deduct 10% where aggregate payment is Rs. 50,000 or more and the balance is includible in total income owing to paragraph 8 of Part A of Schedule XI not being applicable.
  • Employers may elect to pay tax on non-monetary perquisites at their option; in such cases tax is treated as if deductible at source from salary and subject to Chapter provisions.

Illustrations

  • Example 1: An employer must deduct TDS at average rate on monthly salary payable to an employee by estimating annual salary income and applying the rates in force for that tax year. (Details of computation method are Not stated in the document.)
  • Example 2: A trustee of a recognised provident fund pays an accumulated balance of Rs. 75,000 to a former employee where the amount is includible in total income; the trustee is required to deduct tax at 10% at payment. (Exact calculation and remittance timelines are Not stated in the document.)
  • Example 3: An eligible start-up issues sweat equity to an employee; the start-up shall either deduct tax or pay tax on the amount as per rates in force for the tax year in which the security is allotted/ transferred and within the time specified for the payee in section 289(3).

Interplay

The provision cross-references section 17 (perquisites), section 140 (eligible start-up reference), section 289(3) (timing for payment by payee), and Schedule XI (conditions for provident/superannuation fund taxability and deductions). Specific rules or notifications prescribing forms, verification methods, the rate of exchange for foreign currency salary conversion, and prescribed forms/manner are referenced but not reproduced here. The texts do not reproduce the content of Schedule XI or section 17; interpretation will require reference to those provisions. Any further interaction with rules or circulars is Not stated in the document.

Identified Differences Between the Section 392 of the Income-tax Act, 2025 and Clause 392 of the Income-tax Bill, 2025

  • Reference to section 17 sub-clause for perquisites: Enacted Section 392(2)(a) references taxability "u/s 17(1)" for non-monetary perquisites; the Bill (Old Version) text references section 17(2).
    • Practical impact: The numerical cross-reference determines which clause of section 17 the optional employer payment applies to. The documents differ; the operative effect depends on which provision in section 17 actually concerns the specified non-monetary perquisites. The enacted text may broaden or narrow the set of perquisites covered relative to the Bill depending on the content of section 17(1) vs 17(2). The exact policy effect cannot be determined from these documents alone.
  • Clause 3 wording - "as the case may be": Enacted text (Document 1) in sub-section (3) reads that an eligible start-up "shall deduct or pay, as the case may be," whereas the Bill (Document 2) omits "as the case may be."
    • Practical impact: Inclusion of "as the case may be" clarifies that an eligible start-up may either deduct tax or pay tax itself (i.e., two alternative obligations). Omission could create ambiguity whether the obligation is exclusively to deduct. The enacted text clarifies options for compliance by start-ups.
  • Specification of verification and timeframe language in sub-section (4): Enacted section 392(4)(a) requires particulars "in such form and verified in such manner as may be prescribed" and explicitly adds "for the same tax year" to sub-clauses (iii) and (iv) in certain places; the Bill uses shorter phrasing ("in such form and manner as prescribed") and omits some temporal qualifiers.
    • Practical impact: The enacted text tightens/formalises the evidentiary and verification requirement for particulars provided by the assessee and expressly ties several particulars to the same tax year, potentially reducing ambiguity in year-to-year adjustments. Employers/payers may be required to follow prescribed verification formalities when accepting employee declarations.
  • Sub-section (4)(b) minor drafting difference: Both versions preserve that tax deductible from salaries shall not be reduced except for house property loss and tax deducted/collected under other provisions. The enacted text explicitly states "the tax deductible from income under the head 'Salaries' shall not be reduced in any case, except on account of-- (i) loss under the head 'Income from house property'; and (ii) the tax deducted and collected as per other provisions of this Chapter." The Bill's wording is substantially the same.
    • Practical impact: No substantive change evident from the texts provided.

Practical Implications

  • Compliance and risk areas grounded in the text: Employers/payers must estimate annual salary income to compute average rate TDS at time of payment and must obtain/verify prescribed particulars from employees if they are to affect the TDS. Failure to deduct (or incorrectly deduct) may expose payers to liability under the Chapter; trustees have direct obligations to deduct at specified rates where applicable.
  • Record-keeping/evidence points suggested by the text: Employers should maintain prescribed forms and the verification records for employee-furnished particulars; trustees should retain documents supporting calculation of accumulated balances and that payments meet the Schedule XI conditions for deduction. Exact record retention periods and form identifiers are Not stated in the document.

Key Takeaways

  • Section/Clause 392 places primary TDS obligation on payers for salary payments at an average rate computed on estimated annual income.
  • Employers may opt to pay tax on non-monetary perquisites; enacted text cross-references a different sub-clause of section 17 than the Bill, creating a substantive difference in coverage depending on section 17's content.
  • Eligible start-ups have clarified flexibility ("deduct or pay, as the case may be") in the enacted text for tax on specified securities/sweat equity allotted/transferred.
  • Enacted text strengthens/formalises verification requirements for employee particulars used to compute TDS and ties certain particulars to the same tax year.
  • Trustees of provident and superannuation funds must deduct tax under Schedule XI rules; EPF trustees must deduct at 10% where aggregated payment is Rs. 50,000 or more and certain Schedule XI conditions make the amount taxable.
  • Several differences between Bill and enacted text are drafting/formulation fixes; some differences (notably the cross-reference to section 17 and inclusion of "as the case may be") may have substantive application effects.
  • Details on rates, prescribed forms, verification manner, timing for remittance, and administrative procedure are referenced but not contained in these texts; such procedural content is Not stated in the document.

Full Text:

Section 392 Salary and accumulated balance due to an employee

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Acts Income Tax