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
    Amendments in Central Excise Act, 1944.
    NewsBills
    Retrospective Exemptions in Service Tax
    NewsBills
    AMENDMENTS IN GOODS AND SERVICES TAX
    Confiscation under CGST Act: Invoking Section 130 CGST Act
    Case LawsIndian Laws
    Dishonour of Cheques and the Burden of Proof: Rebutting the Presumption u/s 139 of the Negotiable In...
    Case LawsIncome Tax
    Condoning Delay in Filing Income Tax Return: A Case for Equitable Consideration
    Pre-deposit: Upholding Principles of Natural Justice in CGST Appeals
    Dismissal of GST Appeal on Procedural Grounds Quashed: Where the appeal was not signed by the Author...
    Case LawsService Tax
    Quashing Show-Cause Notice Due to Unexplained Delay: Upholding Fair Adjudication
    Case LawsIncome Tax
    Disallowance u/s 14A: Navigating the Interplay of Exempt Income and Expenditure
    Case LawsMoney Laundering
    Reasonableness Test for Attaching Non-Proceeds of Crime: Limits on Attaching Pre-existing Property u...
    Case LawsIncome Tax
    Taxation of International Consulting Services: Navigating the Complexities
    Case LawsCustoms
    Customs Seizure and the Doctrine of "Reasons to Believe": Clarity or Ambiguity
    Case LawsIncome Tax
    Examining the Eligibility of Credit Co-operative Societies for Deduction on Interest from Co-operati...
    Case LawsIndian Laws
    Upholding Arbitral Autonomy: Supreme Court Clarifies Scope of Judicial Interference u/s 11
    Case LawsIncome Tax
    Draft Assessment Order Regime: Navigating the Multi-tiered Assessment Process and Distinct Nature of...
    Case LawsIncome Tax
    Judicial Scrutiny of Section 14A Amendment: Retrospective or Prospective Effect?
    Case LawsIncome Tax
    Tax on Royalties: Navigating the Interplay between Domestic Tax Laws and Double Taxation Avoidance A...
    Case LawsCustoms
    Iron Ore Exports and Refund: Assessing 'Fe' Content on WMT Basis for Duty Calculation
    Ensuring Procedural Fairness: The Importance of Proper Service of SCN in Tax Assessments
❯❯
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
    Interim Board for Settlement to replace Settlement Commission and assume pending central excise case disposal powers.
    The Finance Bill establishes one or more Interim Boards for Settlement to take over processing of pending applications from the stage they stood before constitution, replaces references to the Settlement Commission with Interim Boards, transfers the Commission's powers and functions to the Interim Boards for specified provisions, bars new applications under the relevant application provision after the appointed date, provides that the existing Settlement Commission will cease to operate from the appointed date, and allows an Interim Board, within three months of constitution, to extend disposal time for pending matters by up to twelve months with written reasons.
    NewsBills
    Show AI Summary
    Retrospective exemption for reinsurance services under crop insurance schemes removes prior service tax liability for those services.
    A retrospective exemption is proposed for services provided or agreed to be provided by insurance companies by way of reinsurance services under the Weather Based Crop Insurance Scheme (WBCIS) and the Modified National Agricultural Insurance Scheme (MNAIS), treating such reinsurance services as exempt from service tax for the period commencing 1 April 2011 and ending 30 June 2017, thereby adjusting past tax liability and compliance positions for insurers and reinsurers.
    NewsBills
    Show AI Summary
    Input tax credit distribution expanded to cover interstate reverse-charge supplies with revised ITC reporting and return rules.
    Amendments permit Input Service Distributors to distribute input tax credit for interstate reverse-charge supplies, adjust ITC statement and return provisions by removing "auto generated" phrasing and enabling additional prescribed details and filing conditions, and require reversal of corresponding ITC where a credit-note reduces a supplier's liability; they add definitions for local/municipal funds and Unique Identification Marking to enable a Track and Trace Mechanism, insert an enabling Track and Trace provision with penalties, amend Schedule III treatment for certain SEZ/FTWZ supplies with no refunds, and impose mandatory pre-deposit of penalty amounts in specified appeals.
    Case LawsGST
    Show AI Summary
    Section 130 CGST: direct invocation permitted only with recorded reasons and material proving intent to evade tax.
    Section 129 pertains to goods in transit, while Section 130 has broader scope allowing direct invocation where material shows a clear intent to evade tax; such direct action requires specific, recorded reasons based on material, an adequate show-cause notice that sets out those reasons, and compliance with prescribed formalities so that authorities do not base confiscation on conclusions absent from the notice.
    Case LawsIndian Laws
    Show AI Summary
    Rebuttable presumption under the Negotiable Instruments Act: burden can be discharged on preponderance of probabilities by accused.
    The court holds that the statutory presumption in favour of the cheque holder is rebuttable and may be displaced by the drawer upon adducing evidence which, on the preponderance of probabilities, shows the cheque was not issued for a legally recoverable debt; inconsistencies in the holder's case, absence of supporting financial records, and unexplained issuance circumstances are salient in assessing rebuttal.
    Case LawsIncome Tax
    Show AI Summary
    Condonation of delay: equitable consideration where bona fide technical failures and professional disruptions impede tax filing.
    Condonation of short delays in filing income tax returns must be governed by principles of equity and fairness, with bona fide explanations such as portal technical failures and unforeseeable disruptions at a chartered accountant's premises meriting empathetic, case sensitive assessment rather than mechanical rejection. Where assessees rely on professional intermediaries, corroborative evidence of genuine operational impediments is a relevant consideration in exercising discretionary condonation to facilitate compliance objectives.
    Case LawsGST
    Show AI Summary
    Pre-deposit requirement: GSTN portal payment records can establish compliance, requiring authorities to permit clarification and supporting proof.
    System-generated GSTN records - including the appeal memorandum, electronic ledger payment screenshots and provisional acknowledgment - can suffice to demonstrate compliance with the pre-deposit requirement, and GSTN portal registration may establish an authorized signatory; where doubts exist the Appellate Authority must afford an opportunity to clarify and permit production of supporting board resolutions or powers of attorney.
    Case LawsGST
    Show AI Summary
    Natural justice breached where appeal was dismissed for signatory authority without opportunity to respond; hearing and reasoned reconsideration required.
    Dismissal of a tax appeal solely for lack of authority of the signatory, without calling on the appellant to clarify or providing verification, breaches the principle of natural justice. Doubts about signatory authority require an opportunity to explain; decision-making must produce a reasoned order addressing submissions, provide advance notice of personal hearing, and disclose any external orders or judgments relied upon to enable the appellant to respond.
    Case LawsService Tax
    Show AI Summary
    Inordinate delay in adjudication: unexplained delays undermine natural justice and invalidate further administrative steps.
    The challenge contested whether inordinate and unexplained delay in adjudication violated the principles of natural justice, causing serious prejudice by impairing the petitioner's ability to defend. The court found the respondents' explanations-frequent changes in adjudicating officers and accommodation of co-noticees-insufficient, applied precedent that excessive unexplained delay vitiates proceedings, and emphasized the duty of authorities to conduct timely adjudication or supply adequate justification for delay.
    Case LawsIncome Tax
    Show AI Summary
    Disallowance of expenditure related to exempt income: apportionment required and actual exempt income is a prerequisite.
    Disallowance of expenditure relating to exempt income requires identification and apportionment of expenses attributable to non taxable receipts; only expenditure expended to earn taxable income may be claimed. Courts interpret "in relation to" expansively and reject reliance on the spender's dominant purpose. The existence of actual exempt income is necessary to invoke the disallowance rule, and post enactment explanatory amendments that alter prior law are not retrospective.
    Case LawsMoney Laundering
    Show AI Summary
    Proceeds of crime: pre-existing property cannot be provisionally attached absent equivalent-value connection under the Prevention of Money Laundering Act.
    Provisional attachment under the Prevention of Money Laundering Act requires a reasonable nexus between the attached property and the alleged criminal activity; only property derived from criminal activity, the value of such property, or equivalent-value property held domestically qualifies. Pre-existing immovable assets purchased before the scheduled offence cannot be attached absent qualification as equivalent-value property, whereas challenges to movable asset attachments are to be pursued through available remedies.
    Case LawsIncome Tax
    Show AI Summary
    Make available requirement for technical services prevents taxation where consultancy did not transfer technical knowledge, preserving source-based taxation.
    The fees did not qualify as Fees for Technical Services because the make available condition-requiring transfer, transmission or enablement of technical knowledge-was not met; the domestic exception for services utilized to earn income from a source outside India applied since the services related to tournaments held abroad, and income attributable to any Service Permanent Establishment is taxable under the DTAA business profits regime.
    Case LawsCustoms
    Show AI Summary
    Reasons to believe requirement in customs seizures: judicial review limits fact-finding and adjudication must address documentation and recordal of reasons.
    Interpretation of the reasons to believe requirement under section 110 of the Customs Act centers on whether citation of statutory provisions in a seizure panchnama suffices versus the need for factual particulars. The court noted conflicting precedents, factual disputes about production of transport documents and e way bill timing, and emphasized that disputed factual issues fall to adjudicatory proceedings rather than writ review, urging expeditious adjudication and cooperation.
    Case LawsIncome Tax
    Show AI Summary
    Deductibility under Section 80P(2)(d): interest from co operative bank deposits may qualify if linked to primary co operative activity.
    Interest earned by credit co-operative societies from deposits with co-operative banks is examined for eligibility under Section 80P(2)(d), focusing on whether such receipts bear the requisite nexus to the societies' primary credit-providing activities and on the statutory meaning of co-operative bank as interpreted in judicial precedents that have largely favoured allowance of the deduction.
    Case LawsIndian Laws
    Show AI Summary
    Arbitral autonomy: referral courts must limit Section 11 scrutiny to prima facie existence of arbitration agreements.
    The referral court's inquiry under Section 11 is limited to the prima facie existence of an arbitration agreement; issues such as alleged accord and satisfaction and mixed questions of law and fact do not negate the arbitration clause and are within the arbitral tribunal's exclusive competence. Legislative intent behind the 2015 amendments supports minimal judicial interference at the appointment stage, and limitation under Section 11(6) should be confined to timeliness, leaving substantive limitation defenses to the tribunal.
    Case LawsIncome Tax
    Show AI Summary
    Mandatory Draft Assessment Order under Section 144C preserves DRP review and invalidates final assessments issued without it.
    Section 144C establishes a self-contained, multi-tiered assessment regime for international-transaction assessees in which the Dispute Resolution Panel exercises independent, enhanced review distinct from Section 144B. Framing the draft assessment order is an integral statutory step that preserves the assessee's right to challenge proposed findings; omission of that draft-stage procedure is therefore a substantive breach of the Section 144C code rather than a mere procedural irregularity. Remand under Section 153(6) does not revive assessments once the limitation periods in sub-sections (3) and (4) of Section 153 have expired.
    Case LawsIncome Tax
    Show AI Summary
    Prospective application of tax amendment preserves taxpayer expectations and limits disallowance of expenses to stated effective years.
    The issue is whether the Explanation to Section 14A introduced by the Finance Act, 2022 applies retrospectively or prospectively, particularly for assessment years where no exempt income arose. The Court analysed the Memorandum to the Finance Bill, relevant precedents, and the principle that tax laws altering existing legal positions are not to be given retrospective effect unless expressly or necessarily implied. It concluded the Explanation must operate prospectively from the effective date stated in the Memorandum, maintaining taxpayer expectations and legal certainty.
    Case LawsIncome Tax
    Show AI Summary
    Taxation of Royalties: domestic law amendments cannot override DTAA interpretation; telecommunication payments not royalties.
    The court held that unilateral domestic amendments to the statutory definition of royalty cannot alter the meaning of that term in a DTAA; treaty terms are to be interpreted by their plain meaning, guided by international law principles, OECD commentary, and precedents, and payments for telecommunication services or satellite transponder capacity do not qualify as royalties under the relevant DTAA.
    Case LawsCustoms
    Show AI Summary
    Fe content on WMT basis determines export duty, lowering the applicable rate and enabling recovery of excess duty paid.
    Assessment of iron ore export duty requires computation of Fe on a Wet Metric Ton basis by deducting moisture using the formula Iron content (as received) = Fe x (100 - M) / 100. Applying this WMT calculation against the customs notification framework that prescribes duty rates tied to measured Fe percentage results in a lower duty classification and a corresponding right to recover any excess duty paid when the measured Fe falls below the specified threshold.
    Case LawsGST
    Show AI Summary
    Service of show cause notice: ensure proper notice and opportunity before tax orders; fresh notice and reasoned hearing required.
    Proper service and transparent consideration of assessee replies are procedural prerequisites before passing tax assessment orders. Where portal non-reflection of notices and uncertainty about consideration of replies arises, the assessee is entitled to benefit of doubt. The court required that the impugned order be treated as a notice for filing a written reply within a short period, directed issuance of a fresh notice in the prescribed manner with a clear minimum notice period, mandated the assessee's appearance, and obliged the assessing officer to pass a reasoned and speaking order within a defined timeframe after valid service.

    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 511 "Furnishing of report in respect of international group." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      17 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 511 Furnishing of report in respect of international group

      Income-tax Act, 2025

      At a Glance

      The document reproduces Clause 511 - Income Tax Bill, 2025 - Old Version, setting out reporting obligations for constituent entities of international groups (country-by-country reporting style). It matters for multinational groups with Indian resident constituent entities - both taxpayers (resident constituent entities, parent entities, alternate reporting entities) and the tax administration. Effective date or commencement is Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 511 sits within miscellaneous provisions of the Income Tax Bill, 2025 and proposes a standalone reporting obligation for "international groups". The clause creates duties to notify the prescribed income-tax authority and to furnish reports containing consolidated and constituent-level financial and operational information. Definitions and scope are provided within the clause itself. Any subordinate rules, forms, timelines and thresholds are to be set out "as prescribed" (delegated rule-making).

      Statutory Provision Mode

      Text & Scope

      Clause 511 imposes three principal obligations:

      • Notification (sub-section (1)): Every constituent entity resident in India that is part of an international group whose parent is not resident in India must notify the prescribed income-tax authority in the prescribed form and manner by the prescribed date whether it is the alternate reporting entity and/or provide details of the parent or alternate reporting entity and their jurisdictions.
      • Reporting (sub-section (2)): Every parent entity or alternate reporting entity resident in India must, for each reporting accounting year, furnish a report to the prescribed income-tax authority within twelve months from the end of that reporting accounting year, in the prescribed form and manner.
      • Fallback reporting (sub-section (4)): Where an Indian resident constituent entity is not the parent/alternate reporting entity, it must furnish the report within a prescribed period if the parent is resident in a jurisdiction that (a) is not obligated to file such a report; (b) lacks an agreement with India for exchange of the report; or (c) has experienced a "systemic failure" and that failure has been intimated by the prescribed income-tax authority.
      • Sub-sections (3) and (6) detail report content and exceptions; (7) grants the authority the power to issue notices and require supporting information; (8) provides a consolidated-revenue threshold exemption; and (9) permits application "as prescribed".

      Interpretation

      The text indicates a legislative intent to implement a country-by-country reporting regime targeted at large international groups with constituent entities resident in India. The use of express definitions (e.g., "consolidated financial statement", "parent entity", "constituent entity", "reporting accounting year") demonstrates an intent to align reporting obligations with financial reporting and with international standards for transfer pricing transparency. Several interpretive principles are signalled by the text: alignment with parent-jurisdiction financial periods, deference to prescribed forms and procedures, and reliance on intergovernmental agreements for automatic exchange.

      Exceptions/Provisos

      Key carve-outs and conditions:

      • Threshold exemption (sub-section (8)): The section will not apply if the total consolidated group revenue for the preceding accounting year does not exceed the prescribed amount - the specific monetary threshold is Not stated in the document.
      • Non-application where an alternate reporting entity files in its jurisdiction and certain conditions are met (sub-section (6)): Conditions include the foreign report being required by local law, presence of an exchange agreement between that country and India, absence of any systemic failure communicated by the Indian authority, written designation of the alternate reporting entity, and prior notification under sub-section (1). These are cumulative preconditions.
      • Fallback allocation where multiple Indian resident constituent entities exist (sub-section (5)): If more than one Indian constituent entity exists, any one designated entity may furnish the report provided the group has designated that entity and the information has been conveyed in writing to the prescribed authority.

      Illustrations

      • Example 1: A multinational group with a non-resident parent and one Indian subsidiary that is designated as the alternate reporting entity must notify the income-tax authority in India and, if resident as alternate reporting entity, file the report within 12 months of the reporting accounting year end. (All procedural details - forms/timelines - are Not stated in the document.)
      • Example 2: An Indian permanent establishment (PE) of a foreign enterprise that prepares separate financial statements as a PE falls within "constituent entity" and, if the foreign parent's jurisdiction neither files nor exchanges reports with India, that Indian PE may be required to furnish the report within the prescribed period. (Precise prescribed period is Not stated in the document.)

      Interplay

      The clause expressly contemplates interaction with:

      • Section 159(1) or (2) (via the definition of "agreement") - signalling reliance on specified intergovernmental agreements for exchange.
      • Section 173(c) (for the meaning of "permanent establishment").
      • Prescribed rules/guidelines/conditions that remain to be issued for form, manner, dates and thresholds. The document does not reproduce any subordinate rules or forms. Specific interactions with existing transfer-pricing or information-exchange regimes are Not stated in the document beyond the express reference to agreements for exchange.

      Differences between the Document 1 "Section 511 of Income-tax Act, 2025" and Document 2 "Clause 511 - Income Tax Bill, 2025 - Old Version"

      • Prescription wording: Document 1 repeatedly uses the phrase "as may be prescribed" (e.g., sub-sects (1), (2), (3), (9)), whereas Document 2 often uses the shorter "as prescribed".
        • Practical impact: negligible substantive difference in content; "as may be prescribed" can imply delegation to subordinate legislation, while "as prescribed" is more neutral - both indicate delegated rule-making. In practice, stakeholders should expect rules/guidelines to be issued regardless.
      • Minor phrasing differences: e.g., Document 1 in sub-section (4)(c) reads "where there has been a systemic failure of the country or territory and such failure has been intimated by the prescribed income-tax authority to such constituent entity" while Document 2 reads "where there has been a systemic failure and such failure has been intimated by the prescribed income-tax authority to such constituent entity."
        • Practical impact: none substantive; the enacted text in Document 1 clarifies that the systemic failure is of the foreign country/territory, but Document 2's meaning would be read the same way in context.
      • Overall: there are no material substantive differences in obligations, definitions, thresholds or exceptions between the two texts provided. The principal practical impact arises from the change in status from a Bill clause (Document 2) to an enacted statutory section (Document 1) and minor drafting refinements that preserve the same legal obligations and delegated-rulemaking expectation.

      Practical Implications

      • Compliance and risk areas: Indian resident constituent entities of international groups must track whether their group's parent is resident outside India, determine whether they are designated as alternate reporting entity, and ensure timely notification to the prescribed income-tax authority. Parent or alternate reporting entities resident in India must prepare and file the prescribed report within 12 months of the reporting accounting year end. Failure to notify or file may expose entities to compliance actions under the Act and to information requests under sub-section (7).
      • Record-keeping/evidence: The text requires aggregated country-level financial and operational metrics and constituent-level details; accordingly, entities will need robust consolidated financial statements, country allocation methodologies, documentation of designation as alternate reporting entity, and written communications to the Indian authority. The precise content and format are "as prescribed" and therefore entities must monitor subordinate instruments for technical compliance requirements (not specified in the Bill text).

      Key Takeaways

      • Clause 511 establishes country-by-country style reporting obligations for international groups with Indian resident constituent entities.
      • There is a dual duty: initial notification by Indian resident constituent entities (where parent is non-resident) and annual reporting by Indian parent/alternate reporting entities within 12 months of reporting accounting year end.
      • Fallback reporting obligations apply to Indian resident constituent entities if the parent's jurisdiction does not file, does not exchange, or has a communicated systemic failure.
      • Exemptions hinge on a consolidated revenue threshold for the preceding year; the specific threshold is to be prescribed and is Not stated in the document.
      • The power to request supporting information and documents within defined timelines is provided to the prescribed income-tax authority.
      • Many operational details (form, manner, prescribed dates, exact thresholds) are left to delegated rules; stakeholders must monitor rule-making for compliance specifics.

      Full Text:

      Section 511 Furnishing of report in respect of international group

      Topics

      ActsIncome Tax