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
    NewsBills
    Discontinuance of Income-tax Settlement Commission
    NewsBills
    Reduction of time limit for completing assessment
    NewsBills
    Rationalisation of the provision of Charitable Trust and Institutions to eliminate possibility of do...
    NewsBills
    Taxation of proceeds of high premium unit linked insurance policy (ULIP)
    NewsBills
    Rationalisation of the provision of slump sale
    NewsBills
    Rationalisation of provision of transfer of capital asset to partner on dissolution or reconstitutio...
    NewsBills
    Provisional attachment in Fake Invoice cases
    NewsBills
    Rationalisation of the provisions of Equalisation Levy
    NewsBills
    Depreciation on Goodwill
    NewsBills
    Rationalisation of the provision relating to processing of returned income and issuance of notice un...
    NewsBills
    Adjudicating authority under the PBPT Act
    NewsBills
    Rationalisation of the provision of presumptive taxation for professionals under section 44ADA
    NewsBills
    Clarification regarding the scope of Vivad se Vishwas Act, 2020
    NewsBills
    Definition of the term “Liable to tax”
    NewsBills
    Income Declaration Scheme (IDS) amendment
    NewsBills
    Tax Deduction at Source (TDS) on purchase of goods
    NewsBills
    TDS/TCS on non filer at higher rates
    NewsBills
    Taxability of Interest on various funds where income is exempt
    NewsBills
    CUSTOMS
    NewsBills
    AMENDMENTS IN THE CUSTOMS ACT, 1962
❯❯
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
    NewsBills
    Show AI Summary
    Discontinuance of Income-tax Settlement Commission: pending settlement cases transferred to Interim Boards with inherited powers.
    Income-tax Settlement Commission is discontinued and pending settlement applications will be handled by one or more Interim Boards of Settlement composed of three senior officers; the Interim Boards inherit the Commission's powers mutatis mutandis for disposal and rectification of orders, pending applications are deemed valid where invalidity was not declared, assessees may withdraw applications within a prescribed period causing proceedings to abate with specified exclusions to limitation and use of material, and the Central Government may notify a scheme to regulate settlement of pending applications and adapt Act provisions for transitional efficiency.
    NewsBills
    Show AI Summary
    Reduction of assessment time-limit shortens statutory window for completing income-tax assessments under faceless assessment reforms.
    The Finance Bill reduces the statutory time limit for completion of income-tax assessment proceedings, further shortening the window for passing assessment orders in scrutiny cases. The amendment is justified by the operational efficiencies of the Faceless Assessment Scheme-characterised by electronic, team-based, jurisdiction-less procedures-and aims to reduce taxpayer compliance burden and enable earlier detection of revenue leakages; it takes effect from 1 April, 2021.
    NewsBills
    Show AI Summary
    Double deduction prevention: corpus and loan-funded applications excluded unless reinvested or repaid from prior-year income.
    Voluntary contributions specifically directed to form part of corpus must be invested or deposited in prescribed modes maintained separately; application from corpus and from loans or borrowings will not qualify as application for computing the mandatory application threshold, except where reinvestment to corpus or repayment of loans from previous year's income is deposited into prescribed modes, which will then be allowed as application in that previous year. No set-off or allowance of excess application from years before the previous year shall be permitted.
    NewsBills
    Show AI Summary
    Exemption limits for ULIPs tightened, with excluded policies taxed as capital gains and included under equity-oriented fund rules.
    Amendments exclude from the exemption under clause (10D) of section 10 those ULIPs issued on or after 1 February 2021 whose annual premium for any policy year (or aggregate premium across multiple ULIPs held by a person) exceeds the prescribed threshold, while excluding death proceeds. Such excluded ULIPs are classified as capital assets, gains on redemption are to be taxed as capital gains under a new section 45(1B) with rules for computation, and will be treated as equity oriented funds for section 112A and 111A purposes. STT is made applicable on maturity or partial withdrawal of such ULIPs.
    NewsBills
    Show AI Summary
    Slump sale definition expanded to include all forms of transfer, extending scope of capital gains computation.
    Amendment expands the scope of the slump sale definition so that any mode of transfer included in the statutory definition of "transfer" can constitute a slump sale for capital gains computation; this codifies the judicial principle that transactions in substance amounting to a sale - including those with non monetary consideration or alternative legal forms - fall within the slump sale regime and aims to prevent structuring to defeat the provision.
    NewsBills
    Show AI Summary
    Capital gains on dissolution: distributions in excess of capital account treated as entity income and valued at fair market value.
    Where a partner or member receives a capital asset on dissolution or reconstitution, profit or gain on that receipt is chargeable as capital gains and treated as income of the specified entity in the year of receipt, with fair market value on receipt deemed full consideration. The recipient's capital-account balance is calculated excluding increases from revaluation or self-generated goodwill/assets. Money or other assets received in excess of the capital-account balance are similarly taxed as capital gains, with the capital-account balance deemed the cost of acquisition.
    NewsBills
    Show AI Summary
    Provisional attachment powers expanded to permit attachment during pending false-entry penalty proceedings when large penalties are likely.
    Provisional attachment permits the Assessing Officer, with prior approval from designated senior tax authorities, to attach an assessee's property for six months to protect revenue, revocable on furnishing a bank guarantee which may be invoked if tax demand remains unpaid. The Finance Bill proposes to amend this provision to allow the Assessing Officer to exercise attachment powers during pending penalty proceedings for false or omitted entries where a high-value penalty is likely to be imposed.
    NewsBills
    Show AI Summary
    Equalisation levy broadened to cover sales and services regardless of operator ownership, with treaty-taxable royalties excluded.
    Amendments clarify that consideration chargeable to equalisation levy excludes amounts taxable as royalty or fees for technical services under a notified tax treaty; define e-commerce supply or services to include online acceptance of offers, purchase orders, payment and supply/provision (wholly or partly); broaden consideration to cover sale of goods irrespective of operator ownership and provision of services irrespective of whether provided or facilitated by the operator. These changes operate retrospectively from 1 April 2020, and section 10(50) is adjusted to the same definition and to exclude treaty-taxable royalty or FTS, effective for assessment years from 2021-22.
    NewsBills
    Show AI Summary
    Depreciation on goodwill disallowed; purchase price treated as cost for capital gains with adjustment for prior depreciation.
    The proposal removes goodwill of a business or profession from the class of assets eligible for depreciation by excluding it from the definition of block of assets and from assets covered by section 32, provides transitional rules for blocks and capital gains where depreciation was earlier obtained, and preserves purchase price as cost of acquisition for capital gains subject to reduction by any depreciation claimed prior to the operative year.
    NewsBills
    Show AI Summary
    Statutory time limits shortened for intimation and notices after return filing, and audit-report income adjustments formalised.
    Amendments to section 143 revise processing of returned income to allow adjustments for income increases indicated in audit reports not previously accounted for, and provide consequential changes reflecting earlier amendments to relief provisions. The statutory time limit for issuing intimations under sub section (1) is shortened to nine months from the end of the relevant financial year, and the time limit for issuing notices under sub section (2) is shortened to three months; amendments take effect from 1 April 2021.
    NewsBills
    Show AI Summary
    Adjudicating authority under PBPT Act designated to SAFEMA Competent Authority; limitation period for orders extended to September.
    The Finance Bill designates the Competent Authority under SAFEMA as the Adjudicating Authority under the PBPT Act to commence functions from 1st July, 2021, replacing the interim discharge by the PMLA Adjudicating Authority. It also extends the time limit under sub section (7) of section 26 of the PBPT Act so that any order deadline expiring between 1st July, 2021 and 29th September, 2021 will be extended to 30th September, 2021.
    NewsBills
    Show AI Summary
    Presumptive taxation for professionals clarified: LLPs excluded while individuals, HUFs and partnership firms remain eligible under existing conditions.
    The amendment clarifies that the presumptive taxation provision under section 44ADA applies to residents engaged in specified professions who are individuals, Hindu undivided families or partnership firms, but excludes Limited Liability Partnerships; existing eligibility conditions including the gross receipts threshold and the deemed proportion of profits remain unchanged, and the amendment is effective from 1 April 2021 for the assessment year 2021 22 onward.
    NewsBills
    Show AI Summary
    Scope of Vivad se Vishwas Act clarified to exclude cases settled under IT settlement mechanism, with retrospective amendment.
    The Finance Bill clarifies that the Vivad se Vishwas Act, 2020 does not cover taxes arising from settlements under Chapter XIX-A of the Income-tax Act; amendments to the definitions of "appellant," "disputed tax," and "tax arrear" in VsV are proposed to expressly exclude Chapter XIX-A cases and to operate retrospectively from 17 March 2020.
    NewsBills
    Show AI Summary
    Liable to tax defined to include existence of tax liability under any country's law, including where exemption later granted.
    The proposal inserts clause (29A) into section 2 to define "liable to tax" as a liability to tax on a person under the law of any country, expressly including cases where an exemption is provided after imposition of that liability; the definition is to apply from the statutory effective date and to subsequent assessment years.
    NewsBills
    Show AI Summary
    Refund of excess tax under Income Declaration Scheme now payable without interest to specified persons, retrospectively effective.
    The proviso to section 191 of the Finance Act, 2016 is amended to permit refund of excess tax, surcharge or penalty paid pursuant to declarations under the Income Declaration Scheme, 2016 to a specified class of persons without payment of any interest; this amendment is to take effect retrospectively from 1st June, 2016. Section 187's deeming provision that a declaration is invalid if the tax, surcharge and penalty are not paid by the specified date remains in place.
    NewsBills
    Show AI Summary
    TDS on purchase of goods: new low-rate withholding applies to buyers exceeding turnover threshold and high-value purchases.
    Buyers whose turnover in the preceding financial year exceeds the turnover threshold must deduct tax at a very low prescribed rate on purchases from a seller where aggregate purchases from that seller exceed the specified high-value threshold in the previous year; Central Government may exempt persons by notification. Transactions subject to other withholding or collection are excluded except where concurrent collection would arise - then the purchase withholding applies. Board-issued guidelines, binding on authorities and deductors, and a higher rate where PAN is not provided, are provided for.
    NewsBills
    Show AI Summary
    Higher withholding for non-filers: TDS and TCS to be levied at enhanced prescribed rates on specified non filers.
    A special withholding regime imposes enhanced TDS and TCS rates on a "specified person" who failed to file returns for the two relevant prior assessment years after the filing deadline and whose aggregate TDS/TCS in each year meets a threshold; the TDS rate is the highest of twice the statutory rate, twice the rate in force, or a fixed base rate, and the TCS rate is the higher of twice the statutory rate or the fixed base rate. PAN based higher rates interact so that the greater rate applies; non residents without a permanent establishment are excluded.
    NewsBills
    Show AI Summary
    Exemption cap on provident fund interest limits tax-free interest for high contributions, effective for future assessment years.
    Clauses (11) and (12) of section 10 are amended by a proviso excluding from exemption the interest accrued in a previous year to the extent it relates to contributions exceeding the prescribed monetary threshold in that year, with computation rules to be prescribed and the amendment applying prospectively to specified assessment years.
    NewsBills
    Show AI Summary
    Customs duty definition clarified under Finance Bill, with amendments generally commencing on enactment unless otherwise stated.
    Finance Bill, 2021 defines Basic Customs Duty as the customs duty levied under the Customs Act, 1962 and states that amendments made through the Bill will come into effect on the date of its enactment unless otherwise specified, with clause numbers shown in square brackets to indicate relevant provisions.
    NewsBills
    Show AI Summary
    Common portal enables electronic filing, service and automated amendments in customs procedures, with time limits and penalty enhancements.
    A common portal is introduced to enable electronic registration, filing of bills of entry and shipping bills, submission of prescribed documents, payment of duty and electronic service of orders; the customs automated system may permit risk based amendments and importer/exporter actions on the portal. Conditional exemptions will cease on a prescribed future 31st March unless extended, a two year (plus one year extension) limit is prescribed for proceedings culminating in a section 28 notice, bill of entry filing timing is tightened, pre trial disposal of seized gold requires Commissioner (Appeals) certification, inventories certified by that Commissioner gain evidentiary weight, and new confiscation and penalty provisions target wrongful refund claims and fraudulent invoices.

    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