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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
Show AI Summary
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
Show AI Summary
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 397 "Compliance and reporting." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

15 September, 2025

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Section 397 Compliance and reporting.

Income-tax Act, 2025

At a Glance

Clause 397 of the Income Tax Bill, 2025 (Old Version) sets out compliance and reporting obligations for persons required to deduct tax at source (TDS) or collect tax at source (TCS). It prescribes TAN application and quoting requirements, PAN furnishing obligations by payees/payers, default higher rates on failure to furnish PAN, payment and statement-filing duties, correction statement provisions, and procedures for government offices and payments to non-residents. The provision primarily affects deductors/collectors, payees/collectees, banks and government pay-and-accounts officers. Effective date or enactment timing: Not stated in the document.

Background & Scope

Statutory hooks: Clause 397 is within the chapter dealing with Deduction and collection at source. It interacts with sections 392-395 and cross-refers to section 393 and section 200 of the Income-tax Act, 1961 (as cited in specific places). The clause regulates (i) TAN allotment and mandatory quoting, (ii) PAN furnishing by persons entitled to receive or paying amounts subject to TDS/TCS, (iii) prescribed consequences for non-furnishing of PAN (higher deduction/collection rates), (iv) obligations for payment to Central Government and statement submission, (v) correction statement mechanism, and (vi) special reporting for payments to non-residents and government offices. Definitions: The text does not explicitly define "tax deduction and collection account number," "Permanent Account Number," "prescribed authority," or the "Board" beyond usage; those terms are used in their ordinary or cross-referenced statutory sense (Not stated in the document: formal definitions within the clause).

Statutory Provision Mode

Text & Scope

Coverage: Clause 397 covers persons who deduct or collect tax, employers u/s 392, persons receiving or paying amounts on which tax is deductible/collectible, certain banking companies/co-operative societies/public companies (for interest payments), government offices that credit sums without production of challan, and payers of amounts to non-residents (not being companies). Key ingredients/elements include:

  • TAN application requirement for deductors/collectors who do not already have TAN (sub-clause (1)(a)).
  • Mandatory quoting of TAN in all challans, statements, certificates and prescribed documents (sub-clause (1)(b)).
  • Specified exemptions from TAN application duty based on certain table entries (sub-clause (1)(c)).
  • PAN furnishing requirement by payees/collectees/payers (sub-clause (2)(a)).
  • Consequences for failure to furnish PAN - higher deduction/collection rates laid down (sub-clause (2)(b)).
  • Exceptions for certain non-residents (sub-clauses (2)(c) and (2)(d)).
  • Limits on rent deduction for last month where higher rates apply (sub-clause (2)(e)).
  • Invalidity of declarations/applications where PAN is not furnished and consequences for deductor/collector behaviour (sub-clauses (2)(f)-(g)).
  • Payment of deducted/collected tax to the credit of the Central Government within prescribed time; obligation to deliver prescribed statements after payment (sub-clauses (3)(a)-(b)).
  • Specific reporting to buyer/licensor/lessee u/s 394(1) (sub-clause (3)(c)).
  • Obligations to furnish information on payments to non-residents (sub-clause (3)(d)).
  • Government office reporting where payments are credited without production of a challan (sub-clause (3)(e)).
  • Correction statement mechanism and time limit for correction (sub-clause (3)(f)).
  • Special statements for banking companies/co-operative societies/public companies for certain small interest payments and Board's power to require statements from other payers (sub-clause (3)(g)).
  • Liability of collectors who fail to collect tax to nonetheless pay the tax to the Central Government (sub-clause (3)(h)).

Interpretation

Legislative intent as evidenced by the text: to centralise and standardise administrative compliance for TDS/TCS through mandatory identification (TAN/PAN), to incentivise furnishing of PAN by imposing higher withholding/collection rates for non-furnishing, to ensure timely deposit of collected/deducted taxes and reporting to tax authorities and payees, and to provide procedural avenues to correct reported information. The clause employs express cross-references to related sections and to "prescribed" forms, times and manners, indicating that detailed operational rules are intended to be set by subordinate legislation or administrative rules (Not stated in the document: the precise content of prescribed forms/procedures or the Board's specific rules).

Exceptions/Provisos

Carve-outs and conditions provided in the text include:

  • Exemption from TAN application for certain persons identified by table references (sub-clause (1)(c)).
  • Non-application of the higher deduction rate to certain non-residents for specified long-term bond interest and other prescribed payments (sub-clause (2)(c)).
  • Non-application of higher collection rates where the non-resident lacks a permanent establishment in India (sub-clause (2)(d)).
  • Limit on deduction in rent cases to the rent payable for the last month of the tax year or tenancy (sub-clause (2)(e)).
  • Board's discretion to require statements from payers beyond the specified banking/co-operative/public companies (sub-clause (3)(g)(ii)).

Illustrations

  • Example 1: A new contractor required to deduct tax who has not been allotted a TAN must apply to the Assessing Officer for TAN within the prescribed time; until that allotment the contractor is still bound by PAN furnishing and deduction rules. (Factual specifics such as timelines and prescribed forms: Not stated in the document.)
  • Example 2: A payee who fails to furnish PAN will face deduction at the higher of the statutory rate, the rates in force, 5% in certain specified cases, or 20% in other cases; the deductor must apply the higher rate when the declaration is invalid. (Thresholds and exact table references determine whether 5% or 20% applies: Not stated in the document.)
  • Example 3: A bank paying small amounts of interest below the section 393(1) threshold must deliver a prescribed statement to the tax authorities within the prescribed time; the bank may file a correction statement within six years (as per this Old Version text) from the end of the tax year. (The specified period and the term "less than" or numerical value of threshold: Not stated in the document beyond the quoted text.)

Interplay

The clause explicitly cross-references sections 392-395 and section 393 (and table entries within section 393(1)), as well as section 200 of the Income-tax Act, 1961. It also contemplates "prescribed" forms, times and manners and invokes the "Board" to require additional statements. The clause therefore sits within a framework of subordinate rules and prior tax law provisions; specific interactions (e.g., conflict resolution, precedence) are not elaborated in the clause itself (Not stated in the document: detailed interplay mechanics with notifications, rules, or guidelines).

Differences between Document 1 (Section 397 of Income-tax Act, 2025) and Document 2 (Clause 397 of the Income Tax Bill, 2025 (Old Version))

  • Table references in exemptions (sub-clause (1)(c)(i)): Document 1 references Table: Sl. No. 2(i), 3(i) and 6(ii); Document 2 references Table: Sl. No. 2(i), 3(i) and 5(ii).
    • Practical impact: a change in the table entry number alters which categories of payers are exempted from the application requirement for a tax deduction and collection account number (TAN). This may expand or narrow the exemption pool depending on the substantive content of the referenced table entries (Not stated in the document).
  • Use of the term "valid" in relation to PAN (sub-clause (2)(a) and (2)(f)): Document 1 requires furnishing of a "valid Permanent Account Number"; Document 2 uses "Permanent Account Number" without expressly qualifying it as "valid."
    • Practical impact: adding "valid" in Document 1 imposes an express quality requirement, potentially allowing rejecting PANs that are invalid/defunct; Document 2 lacks that express quality threshold (interpretive effect only; enforcement practice Not stated in the document).
  • Time limit for filing correction statements (sub-clause (3)(f)): Document 1 permits delivery of a correction statement "within two years from the end of the tax year in which such statement is required to be delivered under the said clauses or section 200 of the Income-tax Act, 1961"; Document 2 allows correction statements "within of six years from the end of the tax year" (the text in Document 2 contains a drafting error "within of six years").
    • Practical impact: changing the available correction window from six years (Document 2) to two years (Document 1) is a substantial procedural tightening - materially reduces time available to rectify reporting errors. The drafting error in Document 2 also creates uncertainty as to the exact limitation (clarification required, Not stated in the document).
  • Threshold phrasing for interest statements (sub-clause (3)(g)(i)): Document 1 refers to "not exceeding the threshold limit mentioned in section 393(1) [Table: Sl. No. 5(ii) and (iii)]"; Document 2 uses "less than the amount mentioned in section 393(1) [Table: Sl. No. 5(ii) and (iii)]."
    • Practical impact: the difference between "not exceeding" and "less than" may affect inclusivity of boundary amounts (i.e., whether the exact threshold value is included). The practical effect depends on the numerical threshold (Not stated in the document).
  • Minor drafting/terminology variations: Several small textual differences (e.g., "apply for allotment... to the Assessing Officer" vs "apply to the Assessing Officer for allotment..."; "amount collected" vs "sum collected") appear.
    • Practical impact: largely stylistic, unlikely to alter substantive meaning; however, drafting precision may affect interpretation in marginal cases (Not stated in the document).
  • Reference to section 200 of the Income-tax Act, 1961: Document 1 expressly links the correction period to statements required u/s 200 of the 1961 Act; Document 2 does not.
    • Practical impact: Document 1 provides explicit cross-reference to prior law, indicating intended interplay; Document 2 lacks that linkage which may create ambiguity about the applicable correction window for statements made u/s 200 (Not stated in the document).

Practical Implications

  • Compliance and risk areas: Deductors/collectors must ensure timely TAN application, mandatory TAN quoting, PAN collection and verification, correct application of higher rates where PAN is not furnished, timely deposit of deducted/collected sums, and accurate statement filing. Failure to collect tax does not absolve the collector from liability to pay the tax (sub-clause (3)(h)).
  • Record-keeping/evidence: The text implies the need to retain records of PAN/PAN declarations, TAN allotment communications, challans evidencing payment to Central Government, statements filed and any correction statements. Specific retention periods and formats are left to prescription (Not stated in the document).

Key Takeaways

  • Clause 397 mandates TAN allotment and quoting obligations for deductors/collectors and imposes PAN furnishing duties on payees/payers.
  • Non-furnishing of PAN triggers withholding/collection at higher specified rates (including a 20% backstop), with specific exceptions for some non-residents and certain interest payments.
  • Deductors/collectors must deposit tax to the Central Government within prescribed times and file prescribed statements; government offices have parallel reporting duties when challans are not produced.
  • A correction statement procedure exists, with a time limit (Old Version text specifies six years, though the clause contains a drafting anomaly in wording).
  • Banks and similar institutions have special reporting duties for small interest payments; the Board may extend reporting requirements to other payers.
  • Collectors who fail to collect tax remain liable to pay the tax to the Central Government.
  • Many operational details (forms, timelines, verification methods) are left to be prescribed; those prescriptions will materially affect compliance practice (Not stated in the document: the content of those prescriptions).

Full Text:

Section 397 Compliance and reporting.

Topics

Acts Income Tax