Just a moment...

⚠✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
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
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. 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
    Case LawsIncome Tax
    Navigating the Complexities of Section 80P Deductions for Cooperative Societies
    Case LawsIncome Tax
    Navigating Pecuniary Jurisdiction in Tax Assessments: Assessment Orders and Legal Jurisdiction
    Case LawsIncome Tax
    "Sales Tax Subsidy and Its Classification in Income Tax: Revenue or Capital receipt
    Case LawsIncome Tax
    Trust Registration and Tax Exemptions in India: rejection of registration u/s 12AB for want of supp...
    Case LawsIncome Tax
    Condonation of Delay in Taxation in filing applications for registration u/s 12A/12AA:
    Case LawsIncome Tax
    Navigating Procedural Timelines in Tax Exemption Applications
    Case LawsIncome Tax
    Mandatory Draft Assessment Orders for Foreign Entities and Section 144C Compliance: A Legal Perspect...
    Case LawsPMLA
    The Arrest Protocol Under PMLA: Compliance with Constitutional Mandates
    Case LawsIncome Tax
    The Impact of PAN Mismatch in Corporate Tax Filings and Resolving Name Discrepancies in Tax Document...
    Case LawsCustoms
    Analyzing the Legal Ramifications of Minimum Price Notifications in Import Trade
    Case LawsIncome Tax
    Analyzing the Dispute Over Section 14A Disallowance and Interest under Section 244A in Income Tax Ap...
    Case LawsIncome Tax
    Condonation of Delay in Tax Refund: Analyzing the Right to Interest
    Case LawsIncome Tax
    Balancing Corporate Operations and Tax Obligations: High Court's Interim Order on Share Buyback Taxa...
    Case LawsCustoms
    Analyzing the Correct Tariff Classification for Fingerprint and Proximity Time & Attendance Systems:...
    Case LawsCustoms
    Prohibited Goods and Smuggling - gold of foreign marking: Analyzing a Recent Decision in Customs Law
    Case LawsGST
    Judicial Intervention in Expedited Processing of IGST Refunds: A Critical Review
    Case LawsGST
    Examining the Role of Intent in E-Way Bill Compliance under the U.P. GST Act: A Legal Analysis
    Case LawsIncome Tax
    Section 80P and Cooperative Societies: Unraveling the Tribunal's Interpretation
    Case LawsCustoms
    Customs Classification Conflicts in case of import of goods: A Case Study
    Case LawsIncome Tax
    Supreme Court Upholds High Court's Decision on Tax Evasion Case: An Analysis
❮
❯
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Open Link
    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    Case LawsIncome Tax
    Navigating the Complexities of Section 80P Deductions for Cooperative Societies
    Show AI Summary
    Section 80P deductions for cooperative societies hinge on membership composition, agricultural lending predominance and banking activity compliance.
    The analysis examines eligibility for section 80P deductions for primary agricultural credit cooperative societies, focusing on whether their income composition, predominance of agricultural versus non agricultural advances, membership classes, bye laws, and acceptance of public deposits (with its banking implications) fall within the statutory deduction framework; prior precedents are applied to identify conditions and compliance measures societies must address.
    Case LawsIncome Tax
    Navigating Pecuniary Jurisdiction in Tax Assessments: Assessment Orders and Legal Jurisdiction
    Show AI Summary
    Jurisdictional competence in tax assessment is essential; assessments by non authorized officers risk invalidation under procedural rules.
    The dispute focuses on the jurisdiction of the Assessing Officer under CBDT Instruction No. 1/2011 and whether an assessment framed by an officer lacking pecuniary competence is valid; it emphasizes that compliance with jurisdictional limits and the procedural step under Section 143(2), together with principles of procedural fairness, determine the assessment's legality.
    Case LawsIncome Tax
    "Sales Tax Subsidy and Its Classification in Income Tax: Revenue or Capital receipt
    Show AI Summary
    Sales tax subsidy classification: determine capital versus revenue nature to decide income taxability based on purpose and character.
    Whether a sales tax concession under the trade tax statute is a capital receipt or a revenue receipt for income tax purposes turns on the character, purpose and timing of the grant; capital receipts relate to capital formation and are generally non taxable, while revenue receipts arise from regular business operations and are taxable. The inquiry requires statutory interpretation of the trade tax exemption, consideration of legislative intent to incentivise production, and comparison with precedent on subsidy characterisation.
    Case LawsIncome Tax
    Trust Registration and Tax Exemptions in India: rejection of registration u/s 12AB for want of supp...
    Show AI Summary
    Trust registration under Section 12AB requires evidential compliance; procedural default may prompt re-adjudication and compliance opportunity.
    Rejection of registration under Section 12AB arose from insufficient documentary evidence of charitable activity and statutory compliance, and the assessee's non-appearance at the hearing. Emphasising natural justice and the welfare character of exemption provisions, the appellate direction remitted the matter for fresh adjudication to permit the assessee an opportunity to cure evidentiary deficiencies and establish entitlement to tax-related recognition.
    Case LawsIncome Tax
    Condonation of Delay in Taxation in filing applications for registration u/s 12A/12AA:
    Show AI Summary
    Condonation of delay in tax registration: discretion should favour merits while distinguishing individual acts from entity liability.
    Condonation of delay in filing for charitable-registration status must be exercised liberally to secure substantive justice, examining the causes of delay and avoiding punishment of an entity for acts attributable to an individual. Revision of assessment-related orders demands proof that alleged irregularities affected the entity, and a tribunal's factual conclusions are only overturned for perversity if they lack evidentiary support or are manifestly unreasonable.
    Case LawsIncome Tax
    Navigating Procedural Timelines in Tax Exemption Applications
    Show AI Summary
    Delay condonation in tax-exemption applications: tribunal permits consideration of late Form 10AB filings where circulars create timing ambiguity.
    The Tribunal addressed ambiguity in CBDT circulars about time limits for filing Form No.10AB under the 80G framework, recognized practical difficulties for older trusts complying with a rigid six month rule, and applied the principle of condonation of delay-relying on precedent-to require reconsideration by the CIT(Exemption) so that procedural timelines are balanced with substantial justice.
    Case LawsIncome Tax
    Mandatory Draft Assessment Orders for Foreign Entities and Section 144C Compliance: A Legal Perspect...
    Show AI Summary
    Draft assessment procedure: non-issuance of mandatory draft order can invalidate assessments for foreign entities.
    The note explains that foreign companies fall within the category of eligible assessee for the draft-assessment procedure, which requires the assessing officer to issue a draft assessment order allowing objections before finalizing assessment; it emphasizes that failure to comply with this procedure can vitiate the final assessment and that appellate precedents treat such procedural lapses as legally significant.
    Case LawsPMLA
    The Arrest Protocol Under PMLA: Compliance with Constitutional Mandates
    Show AI Summary
    Arrest grounds under PMLA: oral notification at arrest with later written confirmation meets constitutional information requirements.
    Whether oral notification of arrest grounds at the time of detention followed by later written documentation satisfies the PMLA arrest requirement and the constitutional mandate to be informed of arrest grounds is addressed. The court concludes that oral communication at arrest, with subsequent written confirmation provided within a reasonable time, aligns with the statutory phrase "as soon as may be" and Article 22(1), consistent with controlling precedent and procedural substance.
    Case LawsIncome Tax
    The Impact of PAN Mismatch in Corporate Tax Filings and Resolving Name Discrepancies in Tax Document...
    Show AI Summary
    PAN-name mismatch in tax filings: liberal administrative relief enables correction where error was inadvertent and non-advantageous.
    The dispute arose from a corporate taxpayer filing an income tax return under an outdated company name despite having the correct PAN, resulting in invalidation of the return for failure to rectify within prescribed time. Key legal issues address the scope of administrative discretion under Section 119 to condone delay, the meaning of genuine hardship, and the role of PAN as a unique identifier when names diverge. The court favored a liberal, purposive approach allowing administrative correction of the company name where the error was non-deliberate and no advantage was gained.
    Case LawsCustoms
    Analyzing the Legal Ramifications of Minimum Price Notifications in Import Trade
    Show AI Summary
    Minimum import price rule for apples governs admissibility of imports priced at the threshold, prompting urgent customs review.
    Applicability of Notification No. 5/2023 to imports invoiced at the prescribed minimum is the central issue: whether consignments priced exactly at the notified floor fall within its regulatory scope, and how customs should treat such declarations, with precedent and the perishable nature of apples informing the need for expedited judicial and administrative responses.
    Case LawsIncome Tax
    Analyzing the Dispute Over Section 14A Disallowance and Interest under Section 244A in Income Tax Ap...
    Show AI Summary
    Section 14A disallowance for stock in trade clarified; refund interest under Section 244A must be applied before adjustments.
    The Tribunal held that where investments are held as stock in trade by a bank, disallowance under Section 14A is not appropriate because such holdings are business related trading assets rather than investments to earn exempt dividends; additionally, for Section 244A interest on refunds, interest payable to the assessee must be computed and applied before making adjustments against tax, so earlier refund interest should not be deducted when calculating refund interest due.
    Case LawsIncome Tax
    Condonation of Delay in Tax Refund: Analyzing the Right to Interest
    Show AI Summary
    Right to interest on tax refunds when delay is condoned depends on whether delay is attributable to the taxpayer.
    Right to interest on tax refunds where delay has been condoned turns on whether the delay is attributable to the taxpayer; administrative lapses such as failure to issue TDS documentation or inform the taxpayer are central to entitlement. Precedent imposing an obligation to refund public money received without right, including interest, is applied against provisions limiting interest for belated claims, requiring interpretation of circulars and consistent administrative guidance to protect taxpayer fairness.
    Case LawsIncome Tax
    Balancing Corporate Operations and Tax Obligations: High Court's Interim Order on Share Buyback Taxa...
    Show AI Summary
    Share buyback taxation: characterisation as dividend or capital gain shapes interim security measures to protect tax recovery.
    Whether consideration paid by a company for purchase of its own shares should be treated as a dividend or as capital gain was contested, focusing on the interaction between the additional tax on distributed income and the special capital gains regime for buybacks; the court identified substantial questions of law about the tribunal's classification and ordered provisional financial security measures - partial deposit and property security - with conditional release of liens upon compliance.
    Case LawsCustoms
    Analyzing the Correct Tariff Classification for Fingerprint and Proximity Time & Attendance Systems:...
    Show AI Summary
    Tariff classification of biometric attendance devices pivots on primary function and user programmability, affecting ADP versus electrical apparatus.
    The tariff classification dispute turns on whether fingerprint and proximity attendance systems are freely programmable ADP machines under CTH 8471 or specific-function electrical machines under CTH 8543. The products convert biometric or proximity inputs into data and transmit them for attendance recording, but lacked user-level programmability, being customizable only by manufacturers. Consequently, classification analysis focuses on the devices' primary function as biometric/proximity readers and the interpretation of chapter notes and prior authorities to determine the appropriate heading.
    Case LawsCustoms
    Prohibited Goods and Smuggling - gold of foreign marking: Analyzing a Recent Decision in Customs Law
    Show AI Summary
    Prohibited goods classification can include foreign origin gold imported contrary to restrictions, risking confiscation and penalties.
    Foreign origin gold imported or possessed in breach of statutory prohibitions or restrictions qualifies as prohibited goods and may be treated as smuggled where lawful importation is not established; under the confiscation and penalty framework, absence of documentary proof can justify absolute confiscation instead of provisional release and exposure to penalty provisions for those handling the goods.
    Case LawsGST
    Judicial Intervention in Expedited Processing of IGST Refunds: A Critical Review
    Show AI Summary
    IGST refund remedies: mandamus to overcome system alerts and secure prompt administrative processing for undisputed claims.
    Expedited processing of IGST refunds addresses mandamus as a remedy when automated system alerts or administrative delays obstruct lawful disbursal. The summary emphasizes the procedural verification and sanctioning steps for IGST refunds, the need for coordinated central-state GST responses, officer accountability for delays, and administrative reforms to mitigate unwarranted system holds and streamline refund mechanisms to protect taxpayer cash flow.
    Case LawsGST
    Examining the Role of Intent in E-Way Bill Compliance under the U.P. GST Act: A Legal Analysis
    Show AI Summary
    Mens rea in GST compliance: absence of intent precludes penal measures for mere e Way Bill Part B omissions.
    Whether penalty provisions apply where Part B of the e Way Bill is not completed but there is no intention to evade tax. The analysis distinguishes procedural non compliance from tax evasion, stressing that a technical omission-where transport details and invoice consistency exist and no fraudulent purpose is shown-must be assessed against the requirement of mens rea before imposing penal consequences.
    Case LawsIncome Tax
    Section 80P and Cooperative Societies: Unraveling the Tribunal's Interpretation
    Show AI Summary
    Deduction under section 80P clarifies cooperative societies' banking activity income treatment versus investment income for tax purposes.
    Eligibility for cooperative tax deductions depends on the substantive character of activities: income integral to a society's banking operations qualifies for the banking-related deduction, while income from investments or dividends-including dividends from unlisted equities-must be assessed under provisions applicable to investment income and not as banking business income.
    Case LawsCustoms
    Customs Classification Conflicts in case of import of goods: A Case Study
    Show AI Summary
    Customs classification: textual interpretation of HS Code governs classification, prioritising objective product characteristics in disputes.
    The Tribunal applied the General Rules for the Interpretation of the HS Code, chapter notes, textual descriptions and precedent, prioritizing the literal text of headings and the product's objective characteristics over intended use or industry norms to determine the correct tariff classification.
    Case LawsIncome Tax
    Supreme Court Upholds High Court's Decision on Tax Evasion Case: An Analysis
    Show AI Summary
    Reassessment proceedings: disputed factual issues must be decided by assessment authorities, limiting writ-stage factual review.
    The Supreme Court's non-interference upholds the principle that disputed factual issues in income-tax reassessment proceedings-including allegations of accommodation entries-are to be decided by the Assessing Officer on merits, not by a writ court, thereby restricting premature factual adjudication in writ jurisdiction and reinforcing the procedural role of assessment authorities.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Home› TMI Notes › Income Tax › Act-Rules › Category › This
      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters
      Income Tax

      Comparison of section 476 "Failure to pay tax to credit of Central Government under Chapter XIX-B" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      16 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Print Options

      Section 476 Failure to pay tax to credit of Central Government under Chapter XIX-B.

      Income-tax Act, 2025

      At a Glance

      This document set presents two versions of Clause/Section 476 dealing with failure to pay tax to the credit of the Central Government under Chapter XIX-B of the Income-tax enactment of 2025: (a) Clause 476 of the Income Tax Bill, 2025 (Old Version); and (b) Section 476 as appearing in the Income-tax Act, 2025 (final or later text on the cited source). The provision creates a penal offence for failure to remit withholding or other specified taxes to the Central Government. It affects persons required to deduct or ensure payment of tax under Chapter XIX-B and linked notes to section 393; fines and imprisonment are prescribed. Effective date or commencement is Not stated in the document.

      Background & Scope

      Statutory hooks: Chapter XIX-B of the Income-tax law, section 393 (Table and associated Notes), and section 397(3)(b) (relating to filing of statements) are expressly referenced. The provision falls under the OFFENCES AND PROSECUTION chapter of the Income-tax enactment. The clause defines a penal offence for (a) failure to pay tax deducted at source to the Central Government; and (b) failure to pay or ensure payment of tax required under certain Notes to the Table in section 393. The text does not supply the content of the referenced Notes, nor does it supply definitions beyond the immediate wording of the offence. Any further definitions or explanations of 'pay', 'ensure payment', 'credit to the Central Government', or the contents of Chapter XIX-B are Not stated in the document.

      Statutory Provision Mode

      Text & Scope

      The provision (both versions) comprises two sub-sections.

      • Sub-section (1): Creates criminal liability where a person fails to - (a) pay the tax deducted at source by him to the credit of the Central Government as required under Chapter XIX-B; or (b) pay tax or ensure payment of tax to the credit of the Central Government as required under certain Notes to section 393 (the Note reference differs between versions). The penal consequences are rigorous imprisonment for not less than three months and up to seven years, and a fine.
      • Sub-section (2): Provides a statutory exception: the section shall not apply if the payment referred to in sub-section (1)(a) has been made/credited to the Central Government on or before the time prescribed for filing the statement u/s 397(3)(b) in respect of such payment.
      • Scope: The offence targets default in remitting taxes that have been deducted at source or where there is a statutory obligation to pay/ensure payment as provided by notes to section 393. The provision applies to 'a person' who is under the statutory obligation - the text in the documents does not limit the class of person beyond that description.

      Interpretation

      The text indicates a strict penal approach: failure to transfer collected/deducted tax to government coffers attracts incarceration (minimum three months) and fine, subject to the narrow temporal safe harbour in sub-section (2). The presence of the exception tied to the time prescribed for filing a statement u/s 397(3)(b) suggests legislative intent to avoid penalising technical delays where payment is credited before the statutory filing deadline. The provision's structure separates the act of deduction/collection (the legal duty) from the act of remittance to the government - criminality attaches to failure to remit despite deduction or statutory duty to ensure payment.

      Exceptions/Provisos

      One proviso-equivalent is present in sub-section (2): the penal provision does not apply if the relevant payment has been made/credited to the Central Government on or before the time prescribed for filing the statement u/s 397(3)(b). The exact temporal relationship and the definition of 'time prescribed for filing the statement' are not further elaborated in the texts provided. Any other exceptions, mitigation, or mens rea requirements are Not stated in the document.

      Illustrations

      • Example 1: A person deducts tax at source under Chapter XIX-B but does not remit the deducted amount to the Central Government. If the amount remains unpaid past the filing time for the statement u/s 397(3)(b), that person may be prosecutable u/s 476. (Specifics of timing and amount are Not stated in the document.)
      • Example 2: A person required by a Note to section 393 to ensure payment of a particular tax fails to ensure payment to the Central Government. Such failure could attract the penal consequences prescribed. (Exact Note content and applicability are Not stated in the document.)

      Interplay

      The provision expressly references Chapter XIX-B, the Table in section 393 and its Notes, and section 397(3)(b). The text supplied does not include or reproduce those provisions, so the nature of interaction - for example whether other sections provide civil recovery, interest, or additional penalties - is Not stated in the document. The exception in sub-section (2) directly ties the criminal bar to the procedural timeline u/s 397(3)(b), suggesting coordination between filing requirements and criminal liability, but detailed interplay is not set out in the provided text.

        Differences between Section 476 (Income-tax Act, 2025) and Clause 476 of the Income Tax Bill, 2025 (Old Version)

        Observed textual differences between the Clause 476 (Old Version) and Section 476 (as in the later source) are limited and primarily editorial, with one noteworthy cross-reference change:

        • Reference to Notes in section 393(3) - sub-clause (b)(i): Old Version (Clause 476) refers to "Note 3 in Table in section 393(3)"; the later Section 476 refers to "Note 2 below the Table in section 393(3)".
          • Practical impact: The change alters which specific Note in the Table is made the basis for penal liability. The substantive effect depends entirely on the substantive content of Note 2 versus Note 3 - neither Note's content nor the reason for the renumbering is provided here. Therefore, any concrete assessment of scope expansion or contraction is Not stated in the document.
        • Wording of penal consequence: Old Version states the offender "shall be punishable ... and shall also be liable to fine." Final text states "and with fine."
          • Practical impact: This is stylistic; both expressions impose a fine in addition to imprisonment. There is no indication in the documents that the mensuration or nature of the fine has changed. Therefore, practical impact is minimal and editorial only.
        • Sub-section (2) wording and ordering: Old Version says "has been credited to the Central Government on or before the time prescribed for filing the statement for such payment u/s 397(3)(b)." Final text says "has been made to the credit of the Central Government on or before the time prescribed for filing the statement u/s 397(3)(b) in respect of such payment."
          • Practical impact: This is a drafting refinement clarifying the temporal qualification relates to the filing time "in respect of such payment." Neither text changes the substance of the temporal safe harbour materially as presented; precise legal effect may depend on interpretation in context, which is Not stated in the document.

        Practical Implications

        • Compliance and risk areas: Persons responsible for deducting tax under Chapter XIX-B or for ensuring payment under the referenced Notes to section 393 face criminal exposure (minimum three months' rigorous imprisonment and fine) where remittance to the Central Government is not accomplished within the safe-harbour timeline. The provision places emphasis on timely remittance to avoid penal consequences.
        • Record-keeping/evidence: Given the exception in sub-section (2), maintaining contemporaneous records showing date of remittance, bank credits to the Central Government, and the timetable for filing the relevant statements u/s 397(3)(b) will be critical to demonstrate compliance. The text does not prescribe specific forms or evidence; these are Not stated in the document.

        Key Takeaways

        • Section/Clause 476 creates a criminal offence for failing to remit taxes to the Central Government where required under Chapter XIX-B and specified Notes to section 393.
        • Penalty is rigorous imprisonment (three months to seven years) plus fine; the text offers a narrow temporal exception tied to the filing time u/s 397(3)(b).
        • The principal substantive difference between the Bill (old) and the later Act text is the cross-reference change from Note 3 to Note 2 in section 393(3); the practical effect of that change is dependent on the content of those Notes, which is Not stated in the document.
        • Other differences are drafting and stylistic; no change to prison term or the fact of a fine is evident from the texts provided.
        • Stakeholders should ensure timely remittance and retain evidence of credit to the Central Government and the filing timeline u/s 397(3)(b); the documents do not prescribe forms, procedures, or further mitigatory mechanisms.

        Full Text:

        Section 476 Failure to pay tax to credit of Central Government under Chapter XIX-B.

        Topics

        ActsIncome Tax
        Next ➔