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
    Removing reference to National Housing Board in Section 43D of the Act (TAX ADMINISTRATION)
    NewsBills
    Adjusting liability under Black Money Act, 2015 against seized assets (TAX ADMINISTRATION)
    NewsBills
    Amendment of Section 24 of the Prohibition of Benami Property Transactions Act, 1988 (Amendments to...
    NewsBills
    Insertion of Section 55A in the Prohibition of Benami Property Transactions Act, 1988 (Amendments to...
    NewsBills
    AMENDMENTS TO THE CUSTOMS ACT, 1962
    NewsBills
    AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975
    NewsBills
    AMENDMENTS TO THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975
    NewsBills
    CUSTOMS - OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS
    NewsBills
    CUSTOMS - OTHER MISCELLANEOUS AMENDMENTS
    NewsBills
    Amendment of Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Sub...
    NewsBills
    Customs - Other notification changes
    NewsBills
    Review of Customs duty Exemptions - Review of conditional exemption rates of BCD
    NewsBills
    Customs - Review of exemptions prescribed by other notifications:
    NewsBills
    CUSTOMS DUTY EXEMPTIONS / CONCESSIONS BEING ALLOWED TO LAPSE
    NewsBills
    CUSTOMS - SOCIAL WELFARE SURCHARGE (SWS)
    NewsBills
    CUSTOMS - AGRICULTURE INFRASTRUCTURE AND DEVELOPMENT CESS (AIDC)
    NewsBills
    Amendment of Central Excise Notification
    NewsBills
    AMENDMENTS IN THE CGST ACT, 2017
    NewsBills
    AMENDMENTS IN THE IGST ACT, 2017
    NewsBills
    AMENDMENTS IN THE UTGST ACT, 2017
❯❯
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
    Tax provision amendment: removal of National Housing Bank references in income recognition rules for housing finance companies.
    Amendment proposes deleting references to the National Housing Bank in section 43D, removing the clause on public companies engaged in housing finance and related explanations that linked recognition of interest income on prescribed bad or doubtful debts to NHB guidelines, and aligning tax text with the regulatory transfer of housing finance companies to the Reserve Bank of India; the amendment is effective from 1 April 2025 and applies to subsequent assessment years.
    NewsBills
    Show AI Summary
    Asset recovery: amendment enables liabilities under the Black Money Act to be recovered from seized or requisitioned assets.
    The amendment adds a reference to the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 to Section 132B of the Income-tax Act, authorising recovery of existing liabilities under the Black Money Act from assets seized or requisitioned under section 132, with prospective effect from the 1st day of October, 2024.
    NewsBills
    Show AI Summary
    Time limits for responses under benami property procedure extended; provisional attachment decision lengthened and statement referral increased, effective October.
    Amendments to section 24 fix procedural timelines: benamidar and beneficial owner must file explanations within three months from the end of the month of notice; the Initiating Officer's period to provisionally attach or decide attachment matters is extended to four months from the end of the month of notice; and the period to prepare and refer the statement of the case to the Adjudicating Authority is increased to one month from the end of the month in which the attachment order is passed.
    NewsBills
    Show AI Summary
    Immunity for benamidars: conditional immunity offered to encourage full disclosure, withdrawable for falsehood or concealment.
    Insertion of Section 55A permits the Initiating Officer, with previous sanction of the competent authority, to tender conditional immunity from penalty under section 53 to non-beneficial-owner persons involved in benami transactions in exchange for a full and true disclosure; accepted immunity renders them immune from prosecution and penalty to the extent tendered, but the Initiating Officer may record non compliance or falsehood and, with sanction, withdraw immunity, enabling prosecution and imposition of penalties for the offence or related offences.
    NewsBills
    Show AI Summary
    Proof of origin rules updated to accept diverse trade agreement documentation, including self certification, facilitating trade.
    The Customs Act amendments permit varied forms of proof of origin, including self certification, to align with trade agreements; empower the Central Government to proscribe specific manufacturing or other operations in warehouses; and expand references from "a class of importers or exporters" to include "any other persons," broadening the scope of certain customs provisions.
    NewsBills
    Show AI Summary
    Protective duty mechanism removed as the statutory provision requiring Tariff Commission recommendations is omitted, ending that process.
    Section 6 of the Customs Tariff Act, 1975, authorising levy of protective duties by the Central Government on recommendations of the Tariff Commission is omitted by the Finance (No. 2) Bill, 2024 because the Tariff Commission was wound up by resolution on 1 June 2022; the change is effective from enactment of the Bill.
    NewsBills
    Show AI Summary
    Increase in tariff rates for plastics, consumer and laboratory chemicals to take immediate provisional effect; additional tariff amendments from October.
    The Finance (No. 2) Bill, 2024 amends the First Schedule to the Customs Tariff Act, 1975 to implement immediate provisional increases in specified basic customs duties using the Provisional Collection of Taxes Act, 2023 for certain PVC flex films, consumer goods and laboratory chemicals in small packings, and further tariff adjustments to be given effect in the Schedule from October while preserving current BCD levels for other affected goods via notification amendments.
    NewsBills
    Show AI Summary
    Basic customs duty reductions across sectors to incentivise domestic manufacturing and simplify export-duty treatment.
    The Finance (No.2) Bill, 2024 revises Basic Customs Duty rates effective 24 July 2024, lowering or nil-rating duties across agricultural inputs, aquaculture, critical minerals, metals, chemicals, IT and electronics, medical equipment, renewable energy inputs and precious metals; it also simplifies and rationalises export duties on hides, skins and leather to streamline export taxation.
    NewsBills
    Show AI Summary
    Validation of customs notification restores duty exemption for specified oil imports subject to TRQ and bill of lading conditions.
    The Finance (No. 2) Bill, 2024 validates Notification No. 37/2023 to confirm exemption from basic customs duty and anti-dumping/countervailing duties on imports of crude soybean oil and crude sunflower seed oil, conditional on unutilized TRQ quota and a bill of lading issued on or before 31 March, 2023; it also exempts GST Compensation Cess on imports into SEZs by SEZ units or developers for authorized operations.
    NewsBills
    Show AI Summary
    New Shipper Review introduced for countervailing duty rules, enabling review of new exporters under amended procedures.
    Amendment inserts a New Shipper Review provision into the Customs Tariff Rules, 1995 to permit review of new exporters or suppliers within the existing framework for identification, assessment and collection of countervailing duty and for determination of injury; effective from 24.7.2024.
    NewsBills
    Show AI Summary
    Temporary import time limits extended for aircraft, vessels and warranty exports, enabling longer duty-free re-import and repair periods.
    The notifications extend temporal reliefs and adjust tariffs: aircraft and vessels imported for maintenance, repair and overhaul may remain imported for one year (further extendable by one year), warranty exports qualify for duty free re import for five years (further extendable by two years), and the India-UAE CEPA tariff notification is amended to revise duty rates on precious metals; changes effective 24 July 2024.
    NewsBills
    Show AI Summary
    BCD exemption extensions preserve duty-free treatment for specified imports, with targeted scope adjustments for certain inputs.
    The Finance measure extends conditional Basic Customs Duty (BCD) exemptions for numerous specified goods-inputs, parts, capital goods, and medical supplies-preserving duty-free import treatment subject to existing notification conditions, while narrowing or broadening the scope of certain entries and maintaining targeted provisions for SEZ-related supplies and bona fide exporters; stakeholders must refer to the notification for full descriptive and documentary eligibility requirements.
    NewsBills
    Show AI Summary
    Customs duty exemptions extended and expiry clauses removed, preserving specified import concessions for listed goods and sectors.
    Amendments extend Basic Customs Duty (BCD) exemption timelines for specified notifications and remove prescribed end dates for another subset, thereby sustaining concessional import treatment for listed categories such as media content, specialised machinery, castor products, artworks, precious stones on approval basis, copper products, export-jobbing inputs, instructional materials and other sectoral items; notifications remain authoritative for full descriptions.
    NewsBills
    Show AI Summary
    Customs duty exemptions lapse removing concessional import treatments across multiple sectors and specified notification-based exemptions.
    Customs duty exemptions and concessional notifications listed in earlier customs instruments are being allowed to lapse, removing specified concessional import treatments. Affected provisions include selected entries of notification No. 50/2017-Customs covering inputs and equipment for sectors such as solar manufacturing, electric vehicles, medical devices, telecommunication equipment, and certain industrial catalysts, and several standalone notifications granting exemptions for gold imports by banks, donated second-hand computers, SAD-related exemptions, SEZ to DTA transfers, and aviation re-imports.
    NewsBills
    Show AI Summary
    Social Welfare Surcharge exemption for specified minerals and metal inputs removes surcharge on listed imported goods.
    Amendment to Notification No. 11/2018 exempts a specified list of imported goods from the levy of the Social Welfare Surcharge with effect from 24 July 2024, covering raw minerals, metal ores and concentrates, high purity silicon and silicon products, rare earth metals and compounds, various oxides, hydroxides, salts and carbonates, graphite and a range of unwrought metals, powders, waste and scrap.
    NewsBills
    Show AI Summary
    Agriculture Infrastructure and Development Cess rate reduction alters customs duty incidence on specified precious metal imports.
    Amendment revises the Agriculture Infrastructure and Development Cess (AIDC) rates on specified precious metal goods by modifying Notification No. 11/2021 - Customs, effective 24 July 2024, reducing AIDC and altering the effective customs duty incidence on listed tariff entries including gold, silver, platinum group metals, coins of precious metals, and related findings.
    NewsBills
    Show AI Summary
    Exemption of Clean Environment Cess on stock, subject to GST compensation cess on subsequent supplies.
    The amendment extends the submission period for the final Mega Power Project certificate under Notification No.12/2012 Central Excise from 120 to 156 months. It also exempts Clean Environment Cess on excisable goods in stock as of 30 June 2017, conditional on payment of applicable GST Compensation Cess on supplies of those goods on or after 1 July 2017. Both changes take effect from the date of enactment of the Finance (No. 2) Bill, 2024.
    NewsBills
    Show AI Summary
    Limitation on GST demand determination: new unified regime for post-change periods with restructured penalties and appeal pre-deposit rules.
    Insertion of Section 74A establishes a separate regime for determination of tax not paid, short paid, erroneously refunded or incorrect input tax credit for periods from the Financial Year 2024-25 onwards, prescribes a uniform limitation period for issuing demands and orders for those periods, retains higher penalties where fraud, wilful misstatement or suppression is found, and triggers consequential amendments across assessment, recovery, credit, return-filing and appeal provisions to align procedures and pre-deposit requirements.
    NewsBills
    Show AI Summary
    Zero rating changes in IGST allow notified classes to claim refunds subject to prescribed conditions and export duty restrictions.
    The Bill amends IGST to exempt Extra Neutral Alcohol used in making alcoholic liquor from integrated tax; empowers the Government to regularize non levy or short levy arising from established general practice; revises the zero rating regime to allow notification of classes eligible for zero rated supplies and corresponding refunds under Central GST refund rules while barring refunds where export duty applies; and reduces maximum pre deposit amounts required to file appeals before the appellate authority and the Appellate Tribunal.
    NewsBills
    Show AI Summary
    Tax exemption for extra neutral alcohol removes union territory tax when used to make alcoholic liquor, altering levy scope.
    Amendment excludes union territory tax on Extra Neutral Alcohol used in manufacture of alcoholic liquor for human consumption, narrowing the UTGST taxable base and requiring suppliers and manufacturers to adjust tax treatment. A newly inserted Section 8A authorizes the government to regularize non-levy or short levy of union territory tax where such shortfall resulted from a general practice, creating a mechanism to validate or correct historical under-collection attributable to systemic practices.

    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 423 "Interest for defaults in furnishing return of income." 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 423 Interest for defaults in furnishing return of income.

      Income-tax Act, 2025

      At a Glance

      Document compared: Section 423 of the Income-tax Act, 2025 (as appearing in the enacted Act) and Clause 423 of the Income Tax Bill, 2025 (Old Version) (the Bill text supplied). Both texts deal with interest for defaults in furnishing return of income. The provisions affect taxpayers required to furnish returns, and the income-tax department in calculating and demanding interest. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause 423 in the Income Tax Bill, 2025 - Old Version (hereinafter "Clause 423 (Bill)"). Subject matter: interest chargeable for defaults in furnishing return of income. Coverage: outlines when simple interest at the rate implicit in the formula I = 1% x A x T becomes payable, defines the starting and ending dates for computation across specified circumstances, prescribes treatment where post-assessment orders alter tax, and defines components included in "tax paid". Definitions or explanations provided in the text: limited to the formula and the Table; the Bill supplies a definition of "tax paid" in sub-section (4)(d) with enumerated items (i)-(vii). No separate definitions section is provided.

      Statutory Provision Mode

      Text & Scope

      Clause 423 imposes simple interest for defaults in furnishing a return of income. The interest is computed by the formula I = 1% x A x T, where A is the "amount of tax on which interest is payable" (as specified in sub-section (2)) and T is the number of months comprised in the period commencing on the day after the "starting date" and ending on the "ending date" specified in the Table. Sub-section (2) contains a Table that maps specific circumstances to starting date, ending date and the tax base (A) for interest computation. The Table covers four scenarios: (1) return furnished u/s 263(1), (4) or (6) or in response to a notice u/s 268(1) after the due date; (2) no return furnished under the said sections; (3) return required by a notice under an unspecified section issued after certain determinations and furnished late; and (4) where such a notice requires a return and no return is furnished. Sub-section (3) deals with the consequence of orders (under a list of sections) that increase or reduce the tax base for interest, prescribing issuance of notice of demand in prescribed form where interest increases, and refund of excess interest where interest is reduced. Sub-section (4) contains qualifying notes, including exclusions of additional income-tax u/s 267 from the tax bases, reduction of interest payable by amounts of interest paid u/s 266, and the detailed meaning of "tax paid". Sub-section (5) treats an assessment made for the first time u/s 279 as a "regular assessment" for purposes of the section.

      Interpretation

      Legislative intent as indicated by the Bill text: to provide a simple, uniform interest formula for late or non-furnishing of returns and to tie the interest computation periods to concrete events (due date, date of furnishing, date of completion of assessment, dates specified in notices). The Table-driven approach indicates an intent to vary the tax base (A) and the start/end dates according to factual circumstances of how and when returns are filed or not filed. The inclusion of a detailed "tax paid" definition shows an intent to net off various prepayments and credits from the tax base when computing interest. The provision for adjustment upon post-assessment orders (sub-section (3)) manifests an intent to align interest levies with the final assessed tax position.

      Exceptions/Provisos

      Carve-outs or qualifications present in the Bill include:

      • Exclusion of additional income-tax u/s 267 from the tax base (4)(a)-(b).
      • Reduction of interest payable by interest already paid u/s 266 (4)(c).
      • Specific items constituting "tax paid" (4)(d)(i)-(vii), which serve as offsets against the tax base for interest calculation.
      • Where an assessment is made for the first time u/s 279, it is to be regarded as a regular assessment (5).

      Illustrations

      • Example 1: A return filed late in response to a notice u/s 268(1). Starting date is the due date u/s 263(1); ending date is date of furnishing; A is tax on total income as determined u/s 270(1) (if regular assessment not made) or tax determined under regular assessment, reduced by "tax paid". (All other specifics of amounts and dates Not stated in the document.)
      • Example 2: No return furnished in response to a notice u/s 268(1). Starting date is due date u/s 263(1); ending date is date of completion of assessment u/s 271; A is tax on total income determined under regular assessment reduced by "tax paid". (Concrete amounts and computation Not stated in the document.)
      • Example 3: Return required by a notice (serial number 3) but furnished after expiry of time allowed under such notice. Starting date is the date immediately following the last date of time allowed under such notice (Bill text); ending date is date of furnishing; A is amount by which reassessed tax exceeds earlier tax. (The Bill text contains an omission in the cross-reference to the notice section; specifics Not stated in the document.)

      Interplay

      The Bill text expressly references multiple other provisions (sections 263, 268, 270, 271, 279, 280, 266, 267, 287, 288, 289, 359, 363, 365(10), 368, 377, 378, 206). Interplay with those provisions is central to determining starting/ending dates, the tax base (A), and credits. The Bill, as supplied, contains at least one omitted cross-reference (a missing section number in the Table at serial number 3) and a differing cross-reference for the tax credit clause (206(13) vs the multi-paragraph references in the Act). These differences create potential interpretive issues and could require reconciliation with the substantive provisions of the referenced sections; however, the content of those referenced sections is Not stated in the document.

      Differences between the two provisions and practical impact

      • Starting date for notice-required returns (serial numbers 3 and 4): The enacted Section 423 (Act) uses "The last date of time allowed under such notice" as the starting date for serial numbers 3 and 4. The Clause 423 of Bill (Old Version) uses "Date immediately following the last date of time allowed under such notice" (for both serial numbers 3 and 4 in the Bill).
        • Practical impact: shifting the stated starting date by one day will change the counted months (T) in the formula I = 1% x A x T in some cases; whether the difference produces a material change depends on the method of counting months under the section (not further specified in the documents). It can lead to one additional month being counted in some interpretations, thereby increasing interest liability slightly in some cases.
      • Row 3 starting date wording: In the Act text, for serial number 3 the Starting date is "The last date of time allowed under such notice." The Bill text, for serial number 3, states "Date immediately following the last date of time allowed under such notice."
        • Practical impact: same as above; potential to alter the period used for interest computation.
      • Omissions/typographical differences affecting clarity: The Bill's Table entry for serial number 3 contains an apparent omission - "Where return of income is required by a notice u/s issued after..." (the section number is missing). The Act provides the relevant contextual references (Act shows section 280 in related contexts).
      • Practical impact: omission creates ambiguity in the Bill text about which notice provision is referred to; this could cause interpretive uncertainty unless corrected. The Act text does not exhibit that omission in the supplied extract.
      • "Tax paid" definition - tax credit cross-references: The Act's clause (4)(d)(vii) defines "tax paid" to include "any tax credit allowed to be set off as per sections 206(1)(m) to (p) and 206(2)(e) to (h)." The Bill (Old Version) substitutes "(vii) any tax credit allowed to be set off as per section 206(13)."
        • Practical impact: this is a substantive difference in cross-references. If the Bill's singular reference is intended to capture the same set of credits, the drafting does not make that clear. Depending on the actual content of section 206 in the statute (not stated in the document), taxpayers may lose (or gain) certain credits being treated as "tax paid" for interest computation. As the document supplied does not state the content of section 206, the practical effect cannot be fully determined from the text alone.
      • Form of notice of demand: Sub-section (3)(a) in the Act reads "in such form as may be prescribed"; the Bill reads "in the form as prescribed."
        • Practical impact: stylistic/minor drafting difference; both phrases point to prescribed form, but "such form as may be prescribed" is the more conventional legislative formulation. No clear substantive impact in isolation.
      • Other structural/wording differences: Minor variations in punctuation, paragraphing and referential phrases occur across the two texts (for example, use of "the Assessing Officer shall serve on the assessee a notice of demand in such form as may be prescribed specifying the sum payable" vs "shall serve on the assessee a notice of demand in the form as prescribed specifying the sum payable").
        • Practical impact: primarily drafting and clarity; no express substantive change beyond the items noted above based on the supplied texts.

      Practical Implications

      • Compliance and risk areas: The precise starting date language (whether the last date of time allowed or the day after that date) will affect calculation of months (T) - which could increase or decrease interest by the formula provided. Taxpayers filing in response to notices should be alert to how the start date is to be computed. Where the Bill's cross-references differ (notably to section 206), taxpayers should verify which tax credits count as "tax paid" for interest computations - the Bill text introduces uncertainty. The omission of a section number in serial number 3 may create avoidable disputes until corrected.
      • Record-keeping/evidence points: The text makes clear that dates of notices, dates of furnishing of returns, dates of completion of assessments and amounts of tax determined at various stages are determinative items. Parties should maintain contemporaneous records showing notice dates, time allowed under notices, dates of filing, assessments and any payments or credits claimed (details of records to be kept Not stated in the document).

      Key Takeaways

      • Clause 423 (Bill) applies a simple interest formula I = 1% x A x T for defaults in furnishing returns, tying the interest period to specific starting and ending events listed in a Table.
      • There are material drafting differences between the Bill and the enacted Section 423: notably in the exact stated starting dates for notice-driven cases and in the cross-references used to define tax credits included as "tax paid".
      • Shifts in starting date wording (last date vs date immediately following) can alter interest months counted and thus interest liability; the Bill language tends to state the day after, potentially increasing periods in some views.
      • The Bill text contains an omission (missing section reference in serial number 3 of the Table) creating interpretive ambiguity that requires correction or legislative clarification.
      • The Bill lists prescribed mechanisms for adjustment where post-assessment orders alter tax and requires notice of demand or refund accordingly.
      • The provision for reduction of interest by interest already paid u/s 266 and the detailed enumeration of items constituting "tax paid" show an intent to prevent double charging and to net prepayments and credits.

      Full Text:

      Section 423 Interest for defaults in furnishing return of income.

      Topics

      ActsIncome Tax