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
    Retrospective Cancellation of GST Registration: Analysis of Delhi High Court’s Ruling in 2024 (1) ...
    Case LawsIncome Tax
    Deciphering Tax Implications on Capital Reduction: Navigating the Complexities of Section 115QA in I...
    Case LawsCustoms
    Navigating Regulatory Compliance: Analysis of a CHA License Revocation and Restoration Case
    Case LawsIncome Tax
    Interpreting Section 153A: ITAT Delhi's Stand on Incriminating Material in Assessments: Assessments ...
    Case LawsIncome Tax
    Reaffirming the Bounds of Section 153A: Analysis of Delhi High Court's Approach: Assessment post sea...
    Case LawsIncome Tax
    Navigating Rectification and Revised Returns: Legal Insights from ITAT Bangalore's Ruling
    Case LawsIncome Tax
    Mutual Fund Gains and Deemed Dividends: Analyzing the Delhi High Court's Landmark Judgment
    Case LawsCustoms
    Judicial Scrutiny of Customs Seizure and Redemption under the Indian Legal Framework: Foreign Curren...
    Case LawsCustoms
    The Duty of Diligence: Understanding the Legal Implications for Customs Brokers
    Case LawsCustoms
    Legal Analysis of a Customs Appeal Case Involving Mandatory Pre-Deposit Requirements
    Case LawsCentral Excise
    Legal Elucidation of Homeopathic Product Classification under Central Excise Tariff Act: Medicament ...
    The Supreme Court's In-Depth Ruling on Corporate Insolvency: Legal Implications Explored
    Money Laundering and Bail: Supreme Court's Interpretation of Section 45 PMLA
    Case LawsIncome Tax
    Reassessing Income under Section 147 Post-Quashment of Sections 153A/153C: The Waiver of Limitation ...
    Case LawsIncome Tax
    Section 153A of the Income Tax Act: A Critical Analysis of the Supreme Court's Interpretation in the...
    The Intersection of Politics, Corruption, and Judicial Review: A Case Study: Validity of order of Hi...
    Case LawsIncome Tax
    Clarity and Precision in Tax Penalty Proceedings: Insights from a High Court Judgment
    NCLAT's Authority to Recall Judgments: The Intersection of Tribunal Authority and Justice
    Detention and Release of Goods under CGST Act: Discrepancies in the CGST registration of the consign...
    The Detention of Goods under GST Law: Doubts regarding the genuineness of the consignee
❯❯
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
    Case LawsGST
    Show AI Summary
    Retrospective GST cancellation: court limits retroactive effect, stressing objective grounds and hearing rights for taxpayers.
    The court held that retrospective cancellation of GST registration cannot be applied mechanically and must be supported by objective grounds; mere non-filing does not automatically justify cancelling registration for earlier compliant periods. Procedural fairness requires an opportunity of being heard before imposing retrospective cancellation, and the temporal effect of cancellation should align with the taxpayer's cancellation application rather than an earlier retrospective date, given potential impacts such as denial of input tax credit.
    Case LawsIncome Tax
    Show AI Summary
    Capital reduction transactions treated outside buyback levy when executed pre amendment; buyback tax not attracted.
    The Tribunal held that the capital reduction did not qualify as a buyback for purposes of the buyback tax provision because the transaction was completed before the amendment that broadened the provision's definition; relying on precedents distinguishing capital reduction from buybacks, the Tribunal rejected the revenue's tax avoidance contention and emphasised that the transaction date governs applicability of the amended definition.
    Case LawsCustoms
    Show AI Summary
    Non transferability of CHA license: unauthorized sub letting triggered revocation, later reconsidered due to appellant hardship.
    A licensed CHA was found to have contravened CHALR by effectively transferring operational control to a Mumbai office through a Power of Attorney, breaching non transferability, CHA obligations to obtain authorisations and exercise due diligence, and supervision duties over employees; the firm was held accountable where the licence was used for financial gain.
    Case LawsIncome Tax
    Show AI Summary
    Incriminating material requirement: Section 153A assessments require material specific to the assessee, not unrelated third party statements.
    Assessments following search operations must be grounded on incriminating material specifically linked to the assessee; material or statements derived from separate or third party search proceedings cannot, alone, serve as incriminating material against an unrelated assessee. Absent assesseespecific incriminating material, additions and disallowances in such assessments lack justification and cannot properly form the basis of adverse tax adjustments.
    Case LawsIncome Tax
    Show AI Summary
    Admissibility of search statements: corroborative evidence required before additions in post-search tax assessments.
    Statements recorded under Section 132(4) have evidentiary value but cannot alone justify additions under Section 153A; corroborative material discovered during the search is required, and taxpayers must be afforded the opportunity to cross-examine and rebut adverse statements before assessments under Section 153A are finalized.
    Case LawsIncome Tax
    Show AI Summary
    Rectification under Section 154: procedural lapses should not bar correction of apparent errors in tax returns.
    Interpretation of Section 154 treats misplacement of figures in an original return as a mistake apparent from the record, qualifying for statutory rectification; a revised return filed as a genuine corrective attempt may be recognised despite procedural lapses, and tax authorities should balance procedural compliance with the need to remedy apparent errors and assist taxpayers in claiming corrections.
    Case LawsIncome Tax
    Show AI Summary
    Classification of Mutual Fund Gains: affirmed as capital gains, clarifies tests distinguishing business income and scope of deemed dividends.
    Classification of gains from mutual fund redemptions turns on intent, transaction frequency, holding period, accounting treatment and the factual matrix to determine capital gains versus business income. Distinguishing genuine capital contributions from transactions that function as distributions is essential before treating receipts as deemed dividends; absent characteristics of a loan or advance against profits, capital infusions should not be recharacterised as dividends.
    Case LawsCustoms
    Show AI Summary
    Redemption under Customs Act: deemed payment recognized as exercising the redemption option despite pandemic-related delay.
    The judgment analyzes the redemption option under the Customs Act allowing fine payment in lieu of confiscation, focusing on the prescribed timeframe and on how actions by a petitioner while seized currency remains with the department can constitute exercise of that option. Considering pandemic-related disruption, the court applied purposive interpretation and concluded the department's refusal to accept a deemed payment was unjustified and that the petitioner's steps effectively availed the statutory redemption alternative.
    Case LawsCustoms
    Show AI Summary
    Duty to exercise due diligence: strict licensing compliance can justify administrative revocation and security forfeiture for brokers.
    The headnote focuses on the duty of diligence under the CBLR 2018, identifying failures to advise clients, to verify information, and to supervise employees as breaches that can attract administrative penalties against a customs broker's licence. It also confirms that regulatory action may be initiated at the broker's registered location regardless of where the underlying transactions occurred, and highlights the need for compliance programs, client advisory practices, and employee training.
    Case LawsCustoms
    Show AI Summary
    Mandatory pre-deposit requirement: payments made during investigation can be counted toward the appeal pre-deposit, protecting access to appeal.
    Interpretation of the pre-deposit requirement focuses on counting payments made during investigation toward the mandatory deposit for appellate admissibility; authorities must account for investigation-stage deposits when assessing compliance to avoid denying appeal rights on technical grounds and to give effect to substantive payment.
    Case LawsCentral Excise
    Show AI Summary
    Medicament classification confirmed for a homeopathic hair oil based on ingredients and ordinary perception under tariff law.
    Classification of a homeopathic hair oil as a medicament depends on the ingredients test and the common parlance test. The Tribunal treated AHAHO as a medicament because it contained recognised homeopathic constituents and was labelled under the homeopathic schedule; the Supreme Court affirmed that those medicinal ingredients and the product's perception as a homeopathic medicine outweigh cosmetic imagery and over the counter availability, and that tariff amendments did not change the classificatory result.
    Case LawsIBC
    Show AI Summary
    Resolution applicant eligibility under insolvency law can be disqualified by trust and company conflicts affecting CIRP participation.
    The judgment finds that valuation disclosures and newspaper publication of Form G met CIRP regulatory requirements despite website upload issues; materially revised resolution plans must be placed before the Committee of Creditors or are procedurally irregular; commercial wisdom of the CoC governs differential treatment of creditors subject to legal compliance; promoter settlement offers and Section 12-A applications require demonstrable CoC consideration; and resolution applicant eligibility is governed by Trusts Act and Companies Act conflicts, not by assumed disqualifications absent specific disqualification orders.
    Case LawsPMLA
    Show AI Summary
    Section 45 PMLA bail standard: stringent satisfaction required on non guilt and low risk of reoffence before granting bail.
    Interpretation of Section 45 PMLA requires a stringent bail standard: courts must be satisfied on reasonable grounds that the accused is not guilty and is unlikely to commit an offence while on bail. An Enforcement Directorate investigation under the PMLA is distinct from predicate offence inquiries, so completion of predicate investigations does not substitute for the specific assessment required under the PMLA; courts must therefore evaluate the seriousness of allegations and the stage and character of the ED probe when considering bail.
    Case LawsIncome Tax
    Show AI Summary
    Reopening assessments under Section 147 requires proper review when Section 150(2) waiver is contested, not clarification.
    Reopening of assessments under Section 147 concerns whether the Assessing Officer has a reason to believe that income has escaped assessment and is subject to procedural safeguards including issuance of a statutory notice. Where prior assessments made in consequence of a search under provisions for search-based assessment were quashed, the question arises whether fresh proceedings may be initiated for income not arising from incriminating material found in the search and whether the limitation period can be waived under Section 150(2) to permit issuance of a notice for reassessment.
    Case LawsIncome Tax
    Show AI Summary
    Scope of assessment post-search: completed assessments permit additions only from incriminating material found during searches.
    The Supreme Court clarified that for assessments completed before a search, the Assessing Officer's power to reassess within the retrospective period is constrained: any additions in such completed assessments must be based on incriminating material discovered during the search, thereby limiting use of search powers to matters tied to the unearthed evidence and preventing expansion of assessments on unrelated material.
    Case LawsPMLA
    Show AI Summary
    Judicial oversight of criminal investigations must be cautious to avoid unwarranted de novo probes that disrupt investigative progress.
    The commentary critiques a High Court-ordered de novo investigation into recruitment corruption, treating such measures as extraordinary remedies that should not unsettle substantial prior investigative work. It stresses judicial discipline and adherence to precedent, warns against collusion and political interference in inquiries, recognises expanded locus standi for third parties in complex cases, affirms confidentiality of confession material with limited exceptions, and outlines the Enforcement Directorate's powers in probing and recovering proceeds of money laundering.
    Case LawsIncome Tax
    Show AI Summary
    Specificity in penalty notices: requirement to identify exact charge prevents defective proceedings and safeguards procedural fairness.
    Applicability of penalty for concealment or furnishing inaccurate particulars requires the assessing officer to specify the exact limb under which proceedings are initiated; absence of that specificity renders the penalty notice defective, undermines procedural fairness, and justifies setting aside the penalty, thereby obliging tax authorities to adhere to precise notice requirements when invoking penal provisions.
    Case LawsIBC
    Show AI Summary
    Inherent jurisdiction to recall judgments affirms tribunals can correct proceedings tainted by procedural vitiation or jurisdictional defect.
    The tribunal recognised its inherent jurisdiction to recall judgments distinct from review, holding that recall is available where procedural vitiation, fraud, lack of jurisdiction or failure of natural justice renders a proceeding a nullity. Drawing on the tribunal rules analogue to residual civil-procedure power and higher-court authority, the tribunal treated recall as an incidental order to prevent abuse of process and to correct proceedings affected by jurisdictional defect or gross procedural lapse.
    Case LawsGST
    Show AI Summary
    Detention and release under Section 129: proper tax invoice and e way bill establish owner status and permit release.
    Where goods intercepted in transit show a proper tax invoice and a valid e way bill identifying the consignor/consignee, those documents establish ownership for purposes of Section 129 and direct application of the release provision applicable when the owner comes forward; documentary compliance thus determines which release regime applies where GST registration discrepancies are alleged.
    Case LawsGST
    Show AI Summary
    Detention of goods under GST: enforcement must assess consignee genuineness and documentary compliance before imposing penalties.
    Detention of goods in transit was contested where authorities suspected the consignee's genuineness despite production of a tax invoice and an E way bill; the Court directed that enforcement action distinguish between penalty provisions and alternative statutory mechanisms, require strict procedural fairness, assess documentary evidence and consignee identity, and remit the matter for fresh administrative consideration accordingly.

    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 398 "Consequences of failure to deduct or pay or, collect or pay." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      15 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 398 Consequences of failure to deduct or pay or, collect or pay.

      Income-tax Act, 2025

      At a Glance

      Document 1 reproduces Section 398 of the Income-tax Act, 2025 (enacted text). Document 2 reproduces Clause 398 of the Income Tax Bill, 2025 - Old Version (bill text). Both texts address consequences where a person required to deduct or collect tax fails to do so or fails to pay tax so deducted/collected. The provisions affect persons required to deduct/collect tax (including principal officers of companies), employers (per section 392(2)(a)), payees/buyers/licensees/lessees and the Revenue. Effective date or enactment date: Not stated in the document.

      Background & Scope

      Statutory hooks: the clause/provision is located at Clause/Section 398 within the Deduction and Collection at Source chapter of the Income Tax Bill/Act, 2025. It interacts expressly with sections 392, 393/394, 286 and 412, and with procedural provision for statements u/s 397(3)(b)/(f) in the texts. The text sets out (i) deeming a person an assessee in default where tax is not deducted/collected or paid, (ii) limited exceptions where a person will not be deemed an assessee in default, (iii) interest liabilities with rates and periods, (iv) charge over assets, (v) time-limits for making the deeming order, and (vi) penalty condition. Definitions: the texts do not provide definitions for "principal officer", "payee", "buyer", etc., within the clause; such meanings are presumed from other provisions. Not stated in the document: legislative history, explanatory memorandum, or effective date.

      Statutory Provision Mode

      Text & Scope

      The clause prescribes consequences where a person required to deduct or collect tax under the Act (including the principal officer of a company, and where specified the employer u/s 392(2)(a)) fails to deduct/collect or, having deducted/collected, fails to pay the tax. The primary consequences are:

      • Deeming as an assessee in default in respect of the tax (sub-s. (1)).
      • A limited exception to the deeming rule where the payee/buyer/licensee/lessee has filed a return, included the relevant amount in income and paid tax thereon, and the person furnishes an accountant's certificate in prescribed form (sub-s. (2)).
      • Liability to pay simple interest at specified rates for delays in deduction/collection and for delay in payment after deduction/collection (sub-s. (3)(a)).
      • Interest payment prerequisites before furnishing the statement u/s 397(3)(b) (sub-s. (3)(b)).
      • Where not deemed an assessee in default under sub-s. (2), interest for the first part (1% per month) is payable only until the date of furnishing of return by the payee/buyer/licensee/lessee (sub-s. (3)(c)).
      • When AO makes an order for default, interest as per that order is payable (sub-s. (3)(d)).
      • Where tax has been deducted or collected but not paid, tax plus simple interest becomes a charge on all assets of the person (sub-s. (4)).
      • Limitation: no order deeming a person an assessee in default shall be made after six years from end of the tax year in which tax was deductible/collectible, or after two years from end of tax year in which correction statement is delivered under the referenced section, whichever is later (sub-s. (5)).
      • Sections 286(1) and 286(3) apply to the time-limit in sub-s. (5) (sub-s. (6)).
      • No penalty u/s 412 shall be levied/charged on the person unless AO is satisfied there were no good and sufficient reasons for failure to deduct/collect and pay (sub-s. (7)).

      Interpretation

      The clause adopts a compliance-first approach: primary liability is placed squarely on the person required to deduct/collect/pay; however, it provides a narrow safe harbour where the recipient has declared and paid tax and an accountant certifies compliance. Interest is strict and two-tiered: a lower rate for delay in deduction/collection, and a higher rate for delay after deduction/collection. The charge on assets reflects a statutory prioritisation of withheld/collected tax as a trust-like obligation. The limitation and requirement of AO satisfaction for penalty indicate a balancing of Revenue powers and taxpayer protections. Not stated in the document: legislative intent beyond the text and any guidance on what constitutes "good and sufficient reasons."

      Exceptions/Provisos

      Primary exception: sub-s. (2) exempts the person from being deemed an assessee in default if the payee/buyer/licensee/lessee has (i) furnished return under s.263, (ii) taken the amount into account in computing income in that return, and (iii) paid tax due thereon, and the person furnishes an accountant's certificate in prescribed form. The text requires the accountant's certificate but does not specify whether the accountant must be a chartered accountant or other class: Not stated in the document.

      Illustrations

      • Example 1: A company fails to deduct TDS on contractor payments. If the contractor files income tax return under s.263, includes the payment in taxable income and pays tax, and the company produces the prescribed accountant certificate, the company will not be deemed an assessee in default under sub-s. (2). (All elements referenced in the clause.)
      • Example 2: A seller charged TCS but failed to collect and remit the tax. Interest at 1% per month applies from when tax was collectible to date of collection; 1.5% per month applies from collection to payment. If seller never collected and buyer did not file return/pay tax, the seller remains an assessee in default and AO can make an order within the limitation periods stated. (All elements referenced in the clause.)

      Interplay

      The clause expressly interacts with sections 392 (employer), 394 (table of collectors), 397 (statements), 286 (time-bar provisions), 412 (penalty), and the cross-reference to correction statement provisions (either s.397(3)(f) or s.393(3)(f) depending on text). The clause makes the accountant's prescribed form and statement filing under s.397(3)(b)/(f) material to application of interest and limitation. Not stated in the document: any rules or circulars clarifying "good and sufficient reasons" or the form's content.

      Key Differences Between Document 1 (Enacted Section 398) and Document 2 (Bill - Old Version)

      • Structure and wording of sub-section (1): Document 1 and Document 2 are substantively similar in deeming a person an assessee in default for failure to deduct/collect/pay. Difference: Document 2 enumerates the three failures ((i) does not deduct or pay; (ii) does not collect or pay; (iii) after deducting or collecting fails to pay) explicitly as separate sub-clauses; Document 1 uses a compressed phrasing.
        • Practical impact: no substantive change in legal effect; primarily drafting style..
      • Cross-reference to correction statement time-limit: Document 1 refers to "correction statement ... u/s 397(3)(f)"; Document 2 refers to "correction statement ... u/s 393(3)(f)" (different section number).
        • Practical impact: this is a substantive drafting discrepancy - the correct cross-reference determines which procedural provision governs the correction statement and the calculation of the limitation period. If the enacted text uses s.397 while the bill used s.393, the practical consequence is that the limitation trigger aligns with whichever section actually prescribes correction statements; mismatches can create interpretive confusion and potential challenges over time-bar computation.
      • Penalty language in sub-section (7): Document 1 states "No penalty shall be levied u/s 412 on the person ... unless the Assessing Officer is satisfied that such person, without good and sufficient reasons, has failed to deduct or collect and pay such tax." Document 2 states "No penalty shall be charged u/s 412 from the person ... unless the Assessing Officer is satisfied that such person, without good and sufficient reasons, has failed to deduct and pay such tax."
        • Practical impact: Document 2 omits explicit reference to "collect" in the final clause and uses "charged" instead of "levied" and reverses phrasing ("from the person"). The omission of "collect" may narrow the penalty condition in the bill's drafting (potentially excluding failure to collect), whereas the enacted text (Document 1) expressly includes failure to collect. Thus, if the enacted text includes "collect," it expands the protective threshold for the person only where there is good reason for non-deduction/collection; if the bill lacked "collect," penalty protection might not apply to collectors. Practically, the difference affects penalty exposure for persons required to collect (e.g., sellers/licensors) versus those required only to deduct.

      Practical Implications

      • Compliance and risk areas: Persons required to deduct/collect must ensure timely deduction/collection and prompt deposit; failure exposes them to being treated as assessee in default, interest, and possible charge on assets. The safe-harbour requires the recipient to have: filed return under s.263, included the amount, and paid tax - and the deductor/collector must obtain the prescribed accountant certificate. Absence of any of these three elements results in default liability.
      • Record-keeping/evidence: Retain proof of deduction/collection, bank/payment advices showing deposit to Government, the accountant's certificate in prescribed form, documentation proving the payee's filed return and tax payment. Given the potential AO inquiry and the limitation periods, records should be preserved for at least six years (plus any periods under s.286 application). The clause itself does not prescribe retention periods beyond the limitation; retention advice is derived from the time-limits stated.
      • Procedural timing: Interest must be paid before furnishing the statement per s.397(3)(b) - taxpayers must factor interest computation into compliance workflows. Where the payee files return and pays tax, interest liability for the first leg is curtailed up to the date of the payee's return (sub-s. (3)(c)).
      • Limitation and litigation risk: The drafting discrepancy in the cross-reference to the correction statement provision may create disputes about the correct trigger for the two-year limb of limitation; practitioners should check the enacted cross-reference and any related procedural provisions.

      Key Takeaways

      • The provision makes non-deduction/non-collection/non-payment a deeming event creating assessee in default status with interest and asset-charge consequences.
      • A narrow safe-harbour exists if the payee/buyer/licensee/lessee has declared and paid tax and an accountant furnishes the prescribed certificate.
      • Interest is two-tiered: 1% per month for delay in deduction/collection; 1.5% per month for delay after deduction/collection until payment.
      • Tax not paid after deduction/collection becomes a statutory charge on all assets of the person required to deduct/collect.
      • Limitation: AO cannot make the deeming order after six years from end of the tax year or two years from end of the tax year in which the correction statement is delivered - whichever is later; sections 286(1) and (3) apply.
      • Penalty under s.412 requires AO satisfaction that there were no good and sufficient reasons for failure - wording differences between bill and enacted text concerning "collect" may affect penalty exposure for collectors.
      • Drafting inconsistencies (notably the cross-reference to the correction statement section and omission of "collect" in the penalty clause in the bill) may give rise to interpretive issues; check enacted text and subordinate rules for clarification.

      Full Text:

      Section 398 Consequences of failure to deduct or pay or, collect or pay.

      Topics

      ActsIncome Tax