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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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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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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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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 515 "Appearance by authorised representative." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

17 September, 2025

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Section 515 Appearance by authorised representative

Income-tax Act, 2025

At a Glance

Clause 515 (Old Version) of the Income Tax Bill, 2025 sets out who may appear as an authorised representative for an assessee before income-tax authorities and the Appellate Tribunal, lists categories of permissible representatives and exclusions, and prescribes disqualification grounds and appeal procedures. It matters because it governs representation rights in tax proceedings - affecting taxpayers, tax professionals, banks and institutions. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hooks: Clause 515 is part of the Income Tax Bill, 2025, captioned "Appearance by authorised representative." The clause governs attendance before "any income-tax authority or the Appellate Tribunal for any proceeding under this Bill." The provision defines "authorised representative" and "accountant" for the section, specifies persons excluded from representing an assessee, prescribes consequences for certain misconduct or convictions, and provides procedural safeguards for orders of disqualification. Definitions: the text supplies an exhaustive (enumerated) list of persons who may be authorised representatives, sets out exclusions to the definition of "accountant," and defines "relative" for the purpose of the section. Any other contextual background (policy rationale, legislative history) is Not stated in the document.

Statutory Provision Mode

Text & Scope

Coverage: Clause 515 permits an assessee "entitled or required to attend" before tax authorities or the Appellate Tribunal to attend through an authorised representative. Attendance in person remains mandatory where required for oath/affirmation u/s 246. Ingredients/elements: (1) entitlement/requirement to attend; (2) written authorisation by the assessee to the representative; (3) representative falling within enumerated categories; and (4) absence of disqualification under the listed grounds. The section extends to proceedings under the Bill before income-tax authorities and the Appellate Tribunal.

Interpretation

Legislative intent and interpretive principles indicated by the text: the clause prescribes a controlled, enumerated list of permissible representatives, suggesting an intent to balance access to representation with safeguards against conflicts of interest and misconduct. The use of express exclusions (e.g., relatives, officers, persons with certain financial interests) indicates a policy aim to preserve impartiality. The provision anticipates delegated rulemaking by referencing "as prescribed" for educational qualifications and for persons who may have business relationships of a prescribed nature. No explicit legislative purpose statement or explanatory notes are included. Not stated in the document: legislative history, purpose beyond textual indications, or debates.

Exceptions/Provisos

Carve-outs: subsection (2) carves out cases where personal attendance is required for examination on oath or affirmation u/s 246. The definition of "accountant" contains multiple exceptions (who the accountant does not include for representation), including company-specific auditor-eligibility constraints and exclusions where the person is the assessee himself or related persons, officers/employees, partners, persons having securities/indebtedness/guarantees below specified monetary thresholds (one lakh rupees), persons with prescribed business relationships, and persons convicted of fraud within ten years. Disqualification grounds in sub-section (4) include dismissal from Government service, conviction or imposition of specified penalties, insolvency, and conviction for fraud - with temporal limits specified for some categories.

Illustrations

  • Example 1: A taxpayer may authorise a chartered accountant with a valid certificate of practice to appear before an income-tax authority, provided the chartered accountant is not the assessee, not an officer or employee of the assessee, not a relative, and not otherwise disqualified under subsection (4). (This example is a direct application of the text.)
  • Example 2: An officer of a scheduled bank that maintains the assessee's current account may, if authorised in writing by the assessee, appear as authorised representative under clause 515(3)(a)(ii), unless disqualified under sub-section (4). (Drawn directly from the enumerated categories.)
  • Example 3: A person who holds a security in the assessee but whose relative's holding does not exceed one lakh rupees may still fall within permissible representation unless otherwise excluded by other sub-clauses. (Example reflects the monetary threshold in sub-clause (G)(I).)

Interplay

Interaction with other provisions: clause 515 refers to section 246 (examination on oath/affirmation) to exclude personal attendance cases. It cross-references provisions in the Chartered Accountants Act, 1949 for the definition of "accountant" and to the Companies Act, 2013 for auditor eligibility. It also cites historical statutes (Indian Income-tax Act, 1922 and Income-tax Act, 1961) for transitional categories. The clause contemplates appeals to "the Board" against disqualification orders and refers to section numbers in other Acts/sections for specified exceptions. No mention is made of rules, forms, or procedural modalities beyond the ability to appeal within one month; detail on the mechanism of written authorisation is Not stated in the document.

Differences between Document 1 Section 515 of the Income-tax Act, 2025 and Document 2 Clause 515 of the Income Tax Bill, 2025 - (Old Version) and Practical Impact

  • Structure and wording of definitions: The enacted Section 515 (Doc 1) uses the phrase "For the purposes of this section,--" introducing sub-section (3) with enumerated definitions including (a) "authorised representative" and (b) "accountant"; the Bill version (Doc 2) uses "In this section,--" with largely similar enumerated items.
    • Practical impact: largely stylistic; no material difference unless specific wording differs (noted below).
  • Clause (3)(a)(viii)/(viii) - transitional/legacy category: Doc 1 sub-clause (viii) refers to "any other person who was an authorised representative in accordance with the provisions of section 288(2)(vii) of the Income-tax Act, 1961 (43 of 1961);" Doc 2 sub-clause (viii) refers to "any other person who, immediately before the coming into force of the said Act, was an income-tax practitioner as per section 61(2)(iv) of the Indian Income-tax Act, 1922 (11 of 1922), and was actually practising as such;".
    • Practical impact: Doc 1 ties the legacy category to the previous Income-tax Act, 1961, via a specific section; Doc 2 ties it to the 1922 Act's income-tax practitioner definition and an additional "actually practising" requirement. This change may broaden or shift the universe of legacy practitioners recognised; precise practical effect depends on which historical practitioners meet the cited prior-section criteria. The difference affects transitional eligibility of persons who represented taxpayers before earlier regimes.
  • Prescriptive language for educational qualification sub-clause: Doc 1 sub-clause (vi) states "any person, who has acquired such educational qualifications, as may be prescribed;" (words identical to Doc 2 which has "as prescribed" - Doc 2: "as prescribed;" Doc 1: "as may be prescribed;").
    • Practical impact: Doc 1's "may be prescribed" arguably emphasises delegated-rulemaking; Doc 2's shorter "as prescribed" is substantively the same in practice. No material operational difference apparent.
  • Definition of "accountant" exceptions - organisational terminology: Doc 1 in sub-clause (b)(ii)(B) uses "for an assessee, being a registered non-profit organisation, any person referred to in section 355(h)(i) or (ii) or (iii) or (iv);" whereas Doc 2 uses "for an assessee, being a trust or institution, any person referred to in section 355(h)(i) or (ii) or (iii) or (iv);". Practical impact: Doc 1 replaces "trust or institution" with "registered non-profit organisation". This narrows or clarifies the class by requiring registration as a non-profit organisation - effect is to limit who is excluded from being an accountant for representation in respect of such assessees.
    • Practical effect: companies or entities that are trusts/institutions but not registered non-profit organisations may be treated differently under the enacted text.
  • Cross-references to penalties/sections in disqualification (sub-section (4)(b)): Doc 1 excludes persons on whom a penalty has been imposed under this Act, except penalties u/s 271(1)(ii) or 272A(1)(d) of the Income-tax Act, 1961 or section 465(1)(d) of this Act. Doc 2 instead excepts a penalty imposed u/s 275(1)(ii) of the Income-tax Act, 1961 or section 465(1)(d).
    • Practical impact: the enacted provision substitutes different cross-references to prior Act penalty sections (271/272A referencing 1961 Act) compared to the Bill's 275 reference. This changes which historical penalty types are carved out from disqualification-affecting whether prior penal sanctions continue to block representation. Practically, the change alters eligibility where the prior penalty falls under different section numbers.
  • Sub-section (5)(b) phrasing on non-legal/accountant misconduct: Doc 1: sub-section (5)(b) states that a non-legal practitioner or non-accountant "who is found guilty of misconduct in any income-tax proceedings by the prescribed income-tax authority, he may be directed by such authority that he shall henceforth be disqualified..." Doc 2: similar but omits "prescribed" before "income-tax authority" and uses slightly different punctuation.
    • Practical impact: Doc 1's insertion of "prescribed" suggests a specified authority will be designated by rules; this could narrow or clarify which authority may issue such disqualification directions.
  • Definition of "relative": Doc 1 articulates the phrase "any lineal ascendant (maternal or paternal) or descendant" in (d) and (e); Doc 2 uses "any lineal ascendant or descendant" without parenthetical clarification.
    • Practical impact: Doc 1 clarifies maternal/paternal; substantive application unchanged but explicitness increased.

Practical impact summary

  • Transitional categories and legacy practitioners: changes to the historic cross-references (1922 Act vs 1961 Act sections) alter precisely which pre-existing practitioners retain authorised-representative status; this can affect availability of representation for certain categories of taxpayers immediately after enactment.
  • Scope of excluded "accountant" relationships: replacing "trust or institution" with "registered non-profit organisation" narrows an exception and may restrict or clarify who cannot represent certain non-profit assessees.
  • Prescribed authority and rulemaking signals: insertion of "may be prescribed" and "prescribed income-tax authority" suggests delegated instruments will play a role in operationalising eligibility and disqualification, increasing the importance of subordinate legislation.
  • Cross-reference shifts to penalty sections change which historical sanctions impact representation rights; practitioners affected by prior penalties should check the specific cited sections to determine continuing eligibility.

Practical Implications

  • Compliance and risk areas: authorised representatives must ensure they are not within the exclusion categories (relatives, officers/employees, persons with disqualifying financial interests or convictions). Taxpayers must provide written authorisation. Persons with prior convictions, insolvency, or dismissal from government service should verify whether the temporal disqualification applies.
  • Record-keeping/evidence points: the text requires written authorisation by the assessee; parties should retain copies of written authorisations and any documentary evidence of eligibility (e.g., certificate of practice for chartered accountants). Where appeals to the Board are available against disqualification orders, parties should retain notice and order documents to meet the one-month appeal window.

Key Takeaways

  • Clause 515 permits representation by an explicitly enumerated set of persons for proceedings before income-tax authorities and the Appellate Tribunal, subject to specified exclusions and disqualification grounds.
  • Personal attendance remains mandatory where examination on oath/affirmation is required u/s 246.
  • The definition of "accountant" ties representation rights to chartered accountants holding valid certificates of practice, with multiple exclusions to prevent conflicts of interest.
  • Disqualifications include dismissal from Government service, certain convictions or penalties, insolvency, and fraud convictions with specified temporal consequences; procedural safeguards include opportunity to be heard and a one-month appeal to the Board.
  • Several aspects are to be prescribed, signalling a role for subordinate rules (e.g., educational qualifications, prescribed income-tax authority for disqualification of non-professionals).
  • Transitional references to prior statutes create categories for legacy practitioners; exact scope depends on interpretation of the cited prior provisions.
  • Specific operational details (effective date, form of written authorisation, particulars of prescriptions) are Not stated in the document.

Full Text:

Section 515 Appearance by authorised representative

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Acts Income Tax