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Case Laws GST
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Non-business construction concessions for spinning mills require eligible recipient status and predominantly non-industrial use of the constructed buildings.
For the disputed period, the works-contract concession required both an eligible governmental recipient and structures predominantly meant for use other than commerce, industry, business or profession. Government Entity status required evidence of the recipient's constitution and qualifying governmental participation, while procurement had to relate to entrusted work. Project funding, tender approval and supervision did not by themselves establish governmental constitution or control. The spinning-mill factory buildings and allied works were intended for yarn production and related commercial activities. The residual construction-services entry carried aggregate GST of 18% for services outside the specified concessional entries.
Case Laws Customs
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Import document handling alone does not establish customs abetment or knowing use of materially false declarations.
Personal customs penalties depend on the person's own conduct, not merely on the confiscability of imported goods. Under Section 112(a) of the Customs Act, 1962, liability may arise from a person's own act or omission rendering goods liable to confiscation or from abetment of such conduct. The direct limb can operate on a strict-liability basis where a person's own act or omission renders goods confiscable; an allegation of abetment instead requires evidence of participation or culpable facilitation. Section 114AA requires knowing or intentional making, signing or use, or causing the making, signing or use, of a declaration, statement or document that is materially false or incorrect in customs business.
Case Laws GST
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Subcontracted services performed on own account are not intermediary services merely because they support overseas recruitment and customer-facing activities.
Intermediary classification under Section 2(13) of the IGST Act distinguishes arranging or facilitating supplies between other persons from supplying services on one's own account. The intermediary framework requires at least three parties, a main supply and a distinct ancillary facilitating supply, with conduct resembling that of a broker or agent. Subcontracting the whole or part of a service is not intermediary activity merely because performance supports another supplier's business or involves its customers. Neither a bilateral agreement, contractual label nor remuneration method is conclusive.
Case Laws Customs
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Split air conditioner classification requires capacity and refrigeration features to be assessed against the applicable tariff hierarchy.
Classification of ductless split air conditioners depends on the complete tariff description and the machine's technical characteristics. A complete, cooling-only, two-ton split air conditioner incorporating a refrigerating unit and lacking a heat-reversal valve falls within tariff item 8415 82 10 rather than the general split-system item 8415 10 10. Item 8415 82 10 inherits its parent subheading's refrigerating-unit requirement, while item 8415 83 10 requires the absence of such a unit. Capacity alone does not establish the applicable refrigeration-based entry. Technical evidence should establish whether the goods are a complete machine and identify their capacity and operating features.
Case Laws Income Tax
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Convertible debenture interest requires evidence-based pricing before conversion; future equity conversion alone cannot establish a nil arm's length price.
Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.
Case Laws Customs
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Split motorcycle consignments require evidence of deliberate fragmentation for composite classification, with valuation assessed independently of classification.
Clubbing of split consignments for customs classification depends on proof that apparently separate imports form one deliberately fragmented transaction, not merely on the possibility of assembly. Rule 2(a) extends a tariff heading to an incomplete article possessing the essential character of the complete article and also covers a complete article presented disassembled. A change of tariff heading alone does not establish that the transaction value is inaccurate; substantive misdescription of the goods requires separate evidentiary consideration. Replacement value must follow the prescribed sequence of methods.
Case Laws GST
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Corporate guarantee taxation depends on distinguishing taxable supply from valuation, particularly for unpaid support between related businesses.
GST on corporate guarantees requires separate consideration of whether a taxable supply exists and how that supply is valued. Section 7(1)(c) and Schedule I encompass qualifying supplies between related or distinct persons without consideration when made in the course or furtherance of business. Rule 28(2) deems the value of a guarantee furnished to a banking company or financial institution for a related recipient in India to be one per cent of the guaranteed amount per annum or actual consideration, whichever is higher. Where the recipient is eligible for full input tax credit, the proviso treats the value declared in the invoice as the value of the supply.
Case Laws Income Tax
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Employee secondment taxation depends on employment rights, service consideration and demonstrable transfer of technical capability to host entities.
Local operational control and a stated suspension of foreign employment do not, by themselves, resolve whether underlying foreign employment rights survive. Under Article 12(4)(b) of the India-USA DTAA, technical or consultancy services must make technical knowledge, experience, skill, know-how or processes available, or involve development and transfer of a technical plan or design. Under the knowledge-transfer limb, the recipient must acquire a capability it can use independently; the mere application of expertise or presence of qualified personnel is insufficient. Recovery at actual cost and absence of markup do not, by themselves, establish that a foreign enterprise's receipt is non-taxable.
Case Laws GST
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GST appellate pre-deposits may be satisfied by verified earlier payments after demand reduction, but filing fees remain independently payable.
When the first appellate authority substantially reduces the disputed tax demand, an earlier deposit may be sufficient to satisfy the Tribunal-stage requirement, subject to verification. Sufficiency depends on the reduced liability, the applicable appellate requirements and the amount actually deposited; a first appellate payment does not automatically eliminate the additional obligation. Tribunal filing fees under Section 112(7) operate independently of pre-deposit. Where a fee shortfall and earlier deposit require verification, proof of fee payment and verification of the deposit precede consideration of admission.
Case Laws Income Tax
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Inter-co-operative society interest exemption preserves non-deduction by co-operative banks when depositors are co-operative societies under the statutory withholding framework.
Section 194A(3)(v) separately addresses interest paid by a co-operative bank to a member and interest paid by a co-operative society to another co-operative society. The exclusion of co-operative banks is confined to the member-payment limb; a co-operative bank remains a co-operative society for the inter-co-operative society limb. Paragraph 42.7 of Circular No. 19/2015 preserves non-deduction, including time-deposit interest, where the depositor is a co-operative society. Section 80P does not determine this withholding obligation.
Case Laws GST
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Input tax credit reversal requires evidence linking supplier non-payment to recipient ineligibility and a reasoned statutory inquiry.
Input tax credit under Section 16(2)(c) remains conditional on actual payment of tax to Government, but supplier non-payment or retrospective cancellation cannot by itself justify reversal. The recipient must establish eligibility through transactional evidence, while the proper officer must investigate the particular supply, disclose supplier-default and recovery material, apply the law applicable to the relevant period, and issue a reasoned, notice-bound determination. Supplier recovery status and protection against duplicate collection are material considerations.
Case Laws Customs
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Baggage-related customs appeals proceed through statutory revision when the jurisdictional exclusion applies to passenger imports.
The first proviso to section 129A(1) excludes Appellate Tribunal jurisdiction over an order under section 128A relating to goods imported or exported as baggage. The decisive issue is the order's connection with baggage, not disputes concerning confiscation, declaration, duty, personal effects, concealment, concession, or penalty. Articles carried by an international passenger in luggage or on the person may constitute baggage. Section 129DD provides revision before the Central Government, ordinarily within three months, subject to a further period on sufficient cause.
Case Laws GST
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Departmental GST appeal monetary limits regulate officers, while composite orders and proven recurring issues may permit appeals.
Sections 120 and 168 of the Central Goods and Services Tax Act, 2017 make monetary-limit directions binding within the Central tax hierarchy, while they regulate the executive decision to file rather than create an inflexible jurisdictional bar before the Tribunal. In a composite order disposing of multiple appeals or demand notices, the relevant amount is the total disputed tax, interest, penalty or late fee, as applicable. The recurring or interpretative-issue exclusion requires a reasoned, case-specific basis, and Commissioner authorisation does not itself establish compliance with the litigation policy.
Case Laws GST
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E-way bill re-use allegations require corroborated proof identifying the same goods; vehicle movement alone cannot establish contravention.
Alleged re-use of invoices and e-way bills requires the seizing authority to establish through positive, corroborated evidence that the intercepted goods are the same consignment previously transported under those documents. Toll data, vehicle movements and photographs may justify inquiry but do not alone prove prior delivery, identity of goods or re-use. Where invoices and e-way bills accompany the goods and physical verification shows no discrepancy, the authority must investigate and address any explanation of a different earlier consignment. Cases involving absent or expired transport documents remain factually distinct.
Case Laws GST
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Zero-rated supply turnover includes export invoices from the refund period when actual export is subsequently established under bond or LUT.
Under Rule 89(4), invoice values for goods invoiced before or at removal for export under bond or Letter of Undertaking may be included in zero-rated turnover for the relevant refund period, although physical export occurs later. The invoice and removal determine period-wise attribution for the refund formula, while actual export remains essential to sustain the claim. Shipping bills, bills of export and related export records must correlate with the export invoices to establish that the goods were ultimately exported. Compliance with valuation, input tax credit eligibility and bond or Letter of Undertaking conditions remains necessary.
Case Laws Income Tax
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Reassessment objections require speaking disposal and a four-week pause before scrutiny or information requests can begin.
Under the pre-amendment Section 148 framework, reassessment jurisdiction must be resolved before merits-stage scrutiny begins. The Assessing Officer must furnish recorded reasons when requested, permit objections, and decide them through a separate speaking order. A Section 143(2) notice commences scrutiny, while a Section 142(1) notice is a substantive inquiry step; neither may issue before objections are decided. Following rejection, a four-week period from service of the speaking order must be allowed before further reassessment action, preserving an effective opportunity to challenge reopening.
Case Laws GST
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Suppression of facts requires proof of deliberate tax evasion; ineligible input tax credit alone cannot support enhanced proceedings.
Section 74 permits enhanced tax determination for wrongly availed or utilised input tax credit only where fraud, wilful misstatement, or suppression of facts to evade tax is established. Wrong or ineligible credit is distinct from substantive credit eligibility and cannot, without evidence of deliberate conduct and intent, amount to suppression. Under historical Explanation 2, suppression required either omitted information legally required in prescribed filings or failure to provide information sought in writing; both operate subject to the statutory evasion requirement. Disclosed reconciliations and portal records materially weaken a bare allegation of non-declaration.
Case Laws Customs
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Organic surface-active agent classification requires water solubility and stability; phase-separating low-ethoxylated products fall outside Heading 3402.
Classification of low-ethoxylated non-ionic fatty alcohol ethoxylates under Heading 3402 requires satisfaction of the cumulative water test in Chapter Note 3. At the prescribed concentration, temperature, and standing period, the product must both remain a transparent or translucent liquid, or stable emulsion, without phase separation and reduce water surface tension to the stated threshold. Non-ionic character or surface activity alone is insufficient. Where a low-ethoxylated product separates into layers and fails the solubility and stability requirement, Heading 3824 may be considered after exclusion from Heading 3402.
Case Laws Customs
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Lawful customs seizure requires recorded confiscation grounds, formal restraint where needed, and timely notice; detention cannot bypass safeguards.
Customs seizure of an imported car requires recorded reason to believe that it is liable to confiscation. A panchnama restraint cannot replace a lawful seizure order, an undertaking where seized goods remain in custody, or a served non-dealing order where seizure is impracticable. Section 110(2) requires prompt notice under Section 124, subject only to the prescribed extension mechanism. Prolonged effective detention cannot postpone those safeguards. Provisional release under Section 110A applies only to goods lawfully seized and cannot validate an earlier detention without statutory authority.
Case Laws Companies Law
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Corporate veil-piercing permits forensic scrutiny in execution where promoter-controlled entities may dissipate shareholding despite judicial assurances.
Corporate veil-piercing in execution is an exceptional response where promoters allegedly use layered entities and securities transactions to deplete shareholding represented as security through judicial assurances. Separate personality remains the rule, and control or ownership alone does not suffice; there must be a nexus between control, misuse of the corporate form, and frustration of enforcement. A forensic audit reconstructs share movements, pledges, sales, financing, approvals, disclosures, and fund flows, distinguishing legitimate enforcement of pre-existing security from coordinated asset dissipation.

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Comparison of section 478 "Wilful attempt to evade tax, etc." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

16 September, 2025

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Section 478 Wilful attempt to evade tax, etc.

Income-tax Act, 2025

At a Glance

The materials are two texts titled "Wilful attempt to evade tax, etc.": (1) Section 478 of the Income-tax Act, 2025 (final Act text) and (2) Clause 478 of the Income Tax Bill, 2025 (old Bill text). Both provisions set out criminal liability for wilful attempts to evade tax, penalty or interest, and define specified acts constituting such wilful attempt. The principal differences are limited to drafting choices concerning the sequencing of penal provisions, the expression of liability to fine, and the treatment of concomitant penalties. The provisions affect taxpayers, prosecution authorities and courts. Effective date or enactment date: Not stated in the document.

Background & Scope

Statutory hooks: Clause/Section 478 under the chapter "Offences and Prosecution" in the Income Tax Bill/Act, 2025. Context: penal sanction for wilful attempts to evade tax, penalty or interest, and for under-reporting income. Coverage: criminal punishment (rigorous imprisonment) with fine; definition of "wilful attempt" is expanded by illustrative acts involving books of account or other documents. Definitions or explanations beyond the four illustrative categories are Not stated in the document.

Statutory Provision Mode

Text & Scope

Coverage: Clause/Section 478 criminalises wilful attempts to evade payment of any tax, penalty or interest chargeable or imposable, and wilful under-reporting of income under the Act. The section prescribes two tiers of imprisonment depending on amount involved: where the amount sought to be evaded or tax on under-reported income exceeds twenty-five lakh rupees, imprisonment not less than six months and up to seven years; in other cases, imprisonment not less than three months and up to two years. Sub-section (2) addresses wilful attempts to evade payment (expressed separately) prescribing imprisonment from three months to two years and discretionary fine. Sub-section (4) lists illustrative acts constituting a wilful attempt: (a) possession or control of books/documents containing false entry or statement; (b) making or causing false entries; (c) wilfully omitting relevant entries; (d) causing other circumstances which will have the effect of enabling evasion. Definitions: The text does not define "wilful", "under-reports", "books of account or other documents", or "other circumstance" beyond the illustrative list; Not stated in the document.

Interpretation

Legislative intent and interpretive principles indicated by the text: The provision intends to penalise deliberate, fraudulent conduct that facilitates tax evasion or concealment of income. The inclusion of illustrative acts in sub-section (4) suggests a purposive approach to include both direct falsification and indirect circumvention. The tiered sentencing linked to a monetary threshold (Rs. 25 lakh) indicates legislative intent to calibrate punishment to seriousness of evasion. Beyond these inferences, the document does not state legislative history, debates, or explicit interpretive guidance; Not stated in the document.

Exceptions/Provisos

No exceptions or provisos are contained in the clause/section text. The Act clarifies that the punishment is "without prejudice to any penalty that may be imposable under any other provision of this Act." There are no express exclusions (for instance, bona fide mistakes, reasonable cause, or small-value de minimis thresholds) included in the text; Not stated in the document.

Illustrations

  • Example 1: A taxpayer knowingly omits a substantial sale from books such that tax on under-reported income exceeds Rs. 25 lakh. Under the provision, this falls within clause (1)(a) and attracts rigorous imprisonment of not less than six months up to seven years and fine. (This example is derived from the threshold and categories in the text.)
  • Example 2: A person wilfully alters ledger entries to reduce declared income, but the tax impact is below Rs. 25 lakh. This would fall under clause (1)(b) - imprisonment not less than three months up to two years and fine. (Derived from the textual tiers.)
  • Example 3: A person in possession of books of account containing false entries enabling evasion - even if no explicit false return is filed - is covered by sub-section (4)(a). (Derived verbatim from the text.)

Interplay

Interaction with Rules/Notifications/Circulars: The text cross-references "any other provision of this Act" for additional penalties but does not specify particular sections, rules, notifications or circulars. How this section interplays procedurally with assessment, prosecution, compounding (if any), or investigative provisions is Not stated in the document. The document does not address interplay with offences under other statutes (e.g., Prevention of Corruption Act, Companies Act); Not stated in the document.

Differences between the two texts & Practical Impact

Document 1 is labelled Section 478 of the Income-tax Act, 2025 (final Act text). Document 2 is Clause 478 of the Income Tax Bill, 2025 (old Bill text). Key textual differences and their practical effects are as follows:

  • Expression of liability to fine in sub-section (1): Bill (old version) explicitly states "shall also be liable to fine" in both clauses (a) and (b) and adds "and shall also be liable for penalty that may be imposable on him under any other provision of this Act." The Act version mirrors imprisonment terms but in (1)(a) and (1)(b) uses "and with fine" (Act (1)(a)) and "and with fine" (Act (1)(b) in effect), and relocates the statement about penalties to a separate sub-section (3): "The punishment referred to in this section, shall be without prejudice to any penalty that may be imposable under any other provision of this Act."
    • Practical impact: The Act separates the fine-language from the cross-reference to other penalties. Substantively both texts impose imprisonment and fine, and preserve other penalties; the Act's wording may clarify that the section's punishment does not exclude other statutory penalties, by making that a distinct provision. The Bill's language made the additional penalty liability part of sub-section (1) rather than a standalone clause. Functionally this is limited drafting refinement rather than substantive change.
  • Sub-sections (2) and (3): placement of additional penalty language: In the Bill, sub-section (2) prescribes imprisonment for attempts to evade payment and provides court discretion on fine; sub-section (3) states that in addition to punishment in sub-section (2) the person "shall also be liable for penalty that may be imposable on him under any other provision of this Act." In the Act, sub-section (2) mirrors the imprisonment term and discretionary fine language, while sub-section (3) states that the punishment "shall be without prejudice to any penalty that may be imposable under any other provision of this Act."
    • Practical impact: The change in phraseology - from "shall also be liable for penalty" (Bill) to "without prejudice to any penalty that may be imposable" (Act) - is a drafting nuance. The Bill's phrasing could be read as mandating additional liability; the Act's phrasing stresses non-exclusivity and preserves other penalties without explicitly stating an added mandatory liability. This could afford courts or authorities interpretive clarity that proceedings under other provisions remain available, but does not remove liability to other penalties where statutory provision prescribes them.
  • Minor textual difference in clause (4)(d): Bill uses "which may have the effect of enabling such person to evade" whereas Act uses "which will have the effect of enabling such person to evade."
    • Practical impact: "May have" in the Bill suggests potentiality, while "will have" in the Act suggests a firmer causal effect. The Act's firmer language may broaden prosecutorial reach by implying that causation need not be merely possible but must have that effect. However, evidentiary and mens rea requirements (wilfulness) remain core; practical difference will depend on judicial interpretation of causation and the expressed element of wilfulness. The document contains no guidance on required standards of proof; "Not stated in the document."
  • Overall structural editing: The Act places the non-prejudice/penalty preservation clause as sub-section (3) following the general punishment clauses; the Bill distributed similar content across subsections 1 and 3 as described. These are primarily drafting rearrangements.
    • Practical impact: The Act's rearrangement may improve clarity in application - distinguishing primary punishments from preservation of other penalties - but does not alter the substantive penal consequences.

Practical Implications

  • Compliance and risk areas: The provision places clear criminal risk on deliberate falsification or omission in books and other documents and on conduct that creates circumstances enabling evasion. Entities and individuals should recognise that wilful acts concerning accounting records can attract rigorous imprisonment with significant upper terms where amounts exceed the Rs. 25 lakh threshold. The text itself does not provide definitions of wilfulness or standards of proof; Not stated in the document.
  • Record-keeping/evidence points: The inclusion of books of account and "other documents" as central elements highlights the evidentiary importance of maintaining contemporaneous, accurate books. The text implies that possession or control of documents with false entries is material. The document does not specify retention periods, formats, or evidentiary presumptions; Not stated in the document.

Key Takeaways

  • The provision criminalises wilful attempts to evade tax, penalty or interest and wilful under-reporting of income.
  • Tiered imprisonment applies: above Rs. 25 lakh - 6 months to 7 years; otherwise - 3 months to 2 years; fines also apply.
  • Substantive acts constituting wilful attempt include false entries, omissions, and causing circumstances enabling evasion; possession of false books is itself an element.
  • The Act text rephrases and reorders the Bill's language on additional penalties, moving from "shall also be liable for penalty" (Bill) to "without prejudice to any penalty" (Act), a drafting clarification rather than a clear reduction or expansion of liability.
  • The change from "may have" (Bill) to "will have" (Act) in clause (4)(d) tightens causal language and may have interpretive consequences for prosecutorial scope.
  • Numerous interpretive and procedural details - e.g., definition of "wilful", standards of proof, interplay with assessment and compounding mechanisms - are Not stated in the document.

Full Text:

Section 478 Wilful attempt to evade tax, etc.

Topics

Acts Income Tax