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
    Case LawsIncome Tax
    Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS to the Government
    Case LawsIncome Tax
    A Landmark Judgment on Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS ...
    A Case of Coerced Input Tax Credit Reversal - GST recovery during search and seizure proceedings.
    Manner of compliance of conditions of pre-deposit - Debit of amount from electronic credit ledger (E...
    The need for clarity and concrete reasons in the cancellation of GST registrations.
    Case LawsIncome Tax
    Validity of reopening of assessment - need for a direct link between the portal's information and th...
    Case LawsBenami Property
    Application of provisions of section 5 of the Benami Transactions (Prohibition) Amendment Act, 2016 ...
    Case LawsCustoms
    Provisional release of imported goods (apples) - The dispute centers on the valuation of the import...
    Case LawsBenami Property
    Applicability of the Benami Transactions (Prohibition) Amendment Act, 2016
    Case LawsIncome Tax
    Disallowance of expenses - need for tax authorities to have a practical understanding of the nature ...
    Case LawsIncome Tax
    Disallowance of the assessee's business expenditure claims related to the purchase of sugarcane from...
    Case LawsIncome Tax
    Additions made u/s 69 and Section 56 in the absence of direct incriminating evidence linking the ass...
    Case LawsCustoms
    Whether penalty is to be imposed when the appellant has accepted the classification and paid the ent...
    Case LawsCustoms
    Liability for payment of customs duty on sale of excess liquor from the duty-free shop
    Case LawsCustoms
    Demand of customs duty beyond normal period of limitation on the ground of change in classification ...
    Case LawsCorporate Laws
    Stringent approach towards ensuring compliance with auditing standards - importance of auditors' res...
    Whether the appellant's claim can be classified as a Financial Debt or Operational Debt under the In...
    Scope of Approval of resolution plan - Allegations of undervaluation of the Corporate Debtor's asset...
    Denial of Input Tax Credit since the GST registration of the Supplier of Goods has been Cancelled wi...
    Input Tax Credit (ITC) is a vested right or concession - Can government impose conditions or restric...
❯❯
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
    Case LawsIncome Tax
    Show AI Summary
    TDS credit entitlement affirmed: deductee entitled to credit despite deductor's non-deposit, preventing indirect recovery.
    Credit for tax deducted at source on interest payments is to be treated as tax paid on the deductee's behalf and does not depend on the deductor's remittance; statutory protections against indirect recovery prevent the revenue from seeking the same tax from the deductee when the deductor fails to deposit the deducted amount, and the deposit requirement in the applicable provisions does not negate the deductee's entitlement to such credit.
    Case LawsIncome Tax
    Show AI Summary
    Tax credit for TDS: deductee entitled to credit even if deductor failed to deposit the retained tax with government.
    The Court treats amounts retained by a deductor as remaining tax and concludes the statutory credit mechanism for tax deducted at source does not condition a deductee's entitlement on the deductor having deposited the retained amount with the government, thereby barring indirect recovery or adjustment against the deductee where tax has been deducted at source.
    Case LawsGST
    Show AI Summary
    Coercive tax collection prohibited; forced reversal of input tax credit during search deemed impermissible, with investigatory remedies preserved.
    Dispute involved a search under Section 67 and an alleged coerced reversal of Input Tax Credit from the petitioner's Electronic Credit Ledger for supplies from a supplier with retrospectively cancelled registration; the court found such coercive recovery during search impermissible and directed restoration of the ITC while preserving the department's power to investigate and, if ineligible or fraudulent ITC is found, pass appropriate protective orders.
    Case LawsGST
    Show AI Summary
    Pre-deposit payment method: Electronic credit ledger debit does not satisfy pre-deposit; cash ledger payment required for appeals.
    Pre-deposit for appeals under the CGST/BGST regime must be paid from the cash ledger; debit from the electronic credit ledger does not satisfy the statutory pre-deposit requirement. A revenue circular restricting ECRL use to certain output tax payments and excluding reverse charge, interest, penalties, fees, and similar amounts supports that ECRL cannot be used for pre-deposit. The court emphasized the statutory payment scheme and strict appeal filing timelines, rejecting arguments that ECRL debit could substitute for cash ledger payment.
    Case LawsGST
    Show AI Summary
    Requirement of clear reasons in GST cancellation: retrospective deregistration must be reasoned and consider input tax credit effects.
    Cancellation of GST registration must be supported by clear reasons and concrete factual findings in show cause notices and cancellation orders; labels that a registration is "liable to be cancelled" without specifying dues or factual basis constitute mechanical action. Retrospective cancellation cannot be applied routinely; authorities must follow statutory procedure, assess causes for non-filing, consider exceptional disruptions to business operations, and account for the impact on input tax credit before fixing an effective date of cancellation.
    Case LawsIncome Tax
    Show AI Summary
    Use of portal data: digital information needs a direct evidential link before reopening income tax assessments.
    Reopening assessments requires a direct evidential link between portal-derived information and the income alleged to have escaped assessment; portal data alone is insufficient without documentary support for transactions or gifts, and a show cause notice must provide adequate particulars and reflect proper consideration of the taxpayer's response before reassessment proceeds.
    Case LawsBenami Property
    Show AI Summary
    Non retrospective application of punitive benami provisions affirmed, limiting enforcement to post amendment transactions.
    Application of Section 5 of the Benami Transactions (Prohibition) Amendment Act, 2016 concerns whether punitive provisions enacted in 2016 apply to transactions predating the amendment. The Appellate Tribunal relied on Supreme Court precedent that such punitive provisions must be applied prospectively, and the High Court emphasized adherence to that interpretation while allowing parties to pursue further remedies pending the Supreme Court review.
    Case LawsCustoms
    Show AI Summary
    Provisional release of perishable imports allowed pending valuation, subject to provisional assessment and bond to protect revenue interests.
    The dispute concerns provisional release of perishable imported apples amid a valuation contest tied to a stayed minimum import price notification. The instrument requires provisional assessment of the Bill of Entry within a brief timeframe and permits conditional provisional release upon the importer furnishing a bond and meeting terms set by customs, thereby reconciling the protection of revenue interests with the practical need to avoid loss to perishable consignments pending final resolution of the notification's applicability.
    Case LawsBenami Property
    Show AI Summary
    Prospective application of punitive benami amendment upheld, limiting reach to post-enactment transactions and preserving pre-enactment protections.
    The Madras High Court affirmed that the enhanced punitive provision introduced by the Benami Transactions (Prohibition) Amendment Act, 2016 is substantive and applies prospectively; it endorsed the Tribunal's reliance on the Supreme Court's Ganapati Dealcom decision, treated a pending Supreme Court review petition as not displacing that precedent, and disposed of the appeals while allowing further proceedings consistent with prospectivity and prior constitutional findings.
    Case LawsIncome Tax
    Show AI Summary
    Disallowance of expenses must rest on specific documentation defects, not on blanket percentage adjustments.
    Disallowance of business expenses on a summary or estimate basis requires specific, pointed deficiencies and cannot rest on generalized conclusions about excessiveness; in businesses with routine small transactions, tax authorities must examine the nature of operations and identify particular defects in documentation before applying blanket percentage disallowances.
    Case LawsIncome Tax
    Show AI Summary
    Statutory Minimum Price interpretation: excess cane payments treated as appropriation of profits, not deductible business expense.
    The core issue is whether payments for sugarcane in excess of the Statutory Minimum Price (SMP) are deductible business expenditures or constitute an appropriation of profits. The Assessing Officer relied on standard accounting practice requiring provisions for liabilities at year end and treated post closing excess payments as distributions of operational surplus. The appellate view upheld that cooperative status does not alter the tax analysis and that payments beyond the SMP do not qualify as allowable business expenses absent proper provisioning within the accounting period.
    Case LawsIncome Tax
    Show AI Summary
    Direct incriminating evidence requirement: third party search materials alone cannot sustain unexplained investment additions.
    Additions alleged as unexplained investments and undisclosed interest income based on third party search materials require a demonstrable direct nexus between those seized records and the assessee; absent such direct incriminating evidence, reliance on third party statements or documents is insufficient. Procedural safeguards and transactional indicia-such as cross examination opportunities, banking records, documentary support, and TDS-reduce the probative value of seized material when direct linkage is lacking.
    Case LawsCustoms
    Show AI Summary
    Penalty under Section 114A: no justification where importer accepted correct classification and paid differential duty before notice.
    Issue: imposition of a penalty for alleged suppression when the importer accepted correct tariff classification and paid the differential duty with interest before issuance of a show cause notice. The importer attributed the earlier misclassification to an agent error and denied intent to evade duty. The authority observed the accurate product description, admission of correct classification and prompt payment, concluded absence of suppression of facts and determined that the statutory penalty provision was not justified on these facts.
    Case LawsCustoms
    Show AI Summary
    Liability under Section 72: duty rests with duty-free shop licence-holder when trade facility conditions are breached.
    Duty arises where a duty-free shop licence-holder breaches voucher and recordkeeping conditions under the trade facility; the licence-holder bears responsibility for payment of duty and interest when procedural requirements are violated, while penalty depends on culpability and may be disallowed where no intent to evade duty is established and customs were aware of the transactions.
    Case LawsCustoms
    Show AI Summary
    Extended limitation in customs demands inapplicable where no suppression, limiting reassessment for CVD on undeclared MRP entries.
    Reassessment and CVD demand arose from a post-clearance change in classification and retrospective reliance on MRP for past entries; the tribunal held that items described were essential refrigeration parts rather than accessories, that MRP-based reassessment requires clear factual basis, and that the Extended Period of Limitation is inapplicable where no suppression is established, although penalty issues may still be considered where omissions occur.
    Case LawsCorporate Laws
    Show AI Summary
    Auditor responsibility reinforced: regulatory findings against audit failures stress strict adherence to auditing standards and sanctions.
    NFRA found a statutory auditor guilty of professional misconduct for failures to comply with Standards on Auditing, including inadequate procedures to verify revenue, lack of physical inventory verification, insufficient going concern assessment, deficient materiality application, and inadequate communication with Those Charged with Governance, and applied regulatory sanctions to reinforce auditor responsibilities in preserving financial reporting integrity.
    Case LawsIBC
    Show AI Summary
    Operational debt classification confirmed for supplier's claim based on the transaction's nature under the insolvency framework.
    Whether a claim from a supply arrangement is a Financial Debt or an Operational Debt depends on the transaction's substantive character. The tribunal examined contractual terms-penalties for non-delivery, interest, and security cheques-and applied precedents on the financial-versus-operational distinction. It characterised the supplier's claim, filed under Section 9, as arising from the supply of goods and therefore as an operational debt, sustaining the Resolution Professional's and Adjudicating Authority's classification.
    Case LawsIBC
    Show AI Summary
    Commercial wisdom of committee of creditors governs resolution plan approval, limiting valuation and standing challenges by promoters.
    Exclusion of the creditor was non irregular as no claim was filed; undervaluation allegations were rejected since opportunities to raise them during the CIRP were not used; the resolution plan satisfied Committee approval requirements and reflected the Committee's commercial wisdom; and a suspended director/promoter lacked standing to challenge the approved plan, underscoring limited judicial interference post approval.
    Case LawsGST
    Show AI Summary
    Input tax credit denial over supplier deregistration; remanded for document verification and fresh adjudication to determine genuineness.
    Denial of Input Tax Credit was challenged where the supplier's registration was retrospectively cancelled; the petitioner paid through bank and the supplier appeared on records at the time. The High Court remanded the matter for fresh adjudication, directing the appellate authority to reconsider the petitioner's documentary evidence, hold a hearing, and pass a reasoned order verifying genuineness and timing of transactions; if purchases are genuine and occurred prior to cancellation, ITC is to be considered per precedent.
    Act RulesGST
    Show AI Summary
    Input Tax Credit as legislative concession: entitlement subject to statutory conditions, but retrospective deprivation of vested accruals is vulnerable.
    Input Tax Credit (ITC) is a legislative concession, not a vested right, so the legislature may lawfully prescribe eligibility conditions and procedural limits which taxpayers must strictly satisfy; however, retrospective amendments that destroy or diminish an already accrued entitlement are susceptible to challenge and have been treated as impermissible when they impair rights that vested before the amendment.

    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 SCHEDULE IV "INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      18 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      SCHEDULE IV - INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS

      Income-tax Act, 2025

      At a Glance

      Schedule IV (Old Version) to the Income Tax Bill, 2025 lists categories of income that shall not be included in the total income of specified eligible non-residents, foreign companies and other persons (see section 11 reference). It matters for non-resident individuals and foreign entities interacting with India (embassies, foreign enterprises, foreign companies, European Economic Community etc.). Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hook: SCHEDULE IV is framed under "See section 11" of the Bill. The Schedule sets out tabulated exemptions (column A: serial number; B: income not to be included; C: eligible persons; D: conditions). The Schedule covers diverse categories including interest on NRE accounts, diplomatic remuneration, employees of foreign enterprises, incomes linked to foreign ships, government trainees, royalties/fees for technical services to specified security agencies, offshore banking unit deposits, cruise ship lease rentals, investments by the European Economic Community, and specified crude-oil related receipts to foreign companies. Definitions or explanatory notes: Note 1 (Sl. No. 9) defines "specified company", "holding company" and "subsidiary company"; Note 2 defines "European Economic Community". No other standalone definitions are provided within the Schedule.

      Statutory Provision Mode

      Text & Scope

      The Schedule operates by excluding from computation of total income certain enumerated receipts of eligible non-residents and foreign companies, subject to conditions. Each serial entry specifies (i) the class of income, (ii) the class of eligible person(s), and (iii) conditions that must be satisfied for the income to be excluded. The exclusions are limited to the headings set out in the Table. The Schedule cross-references other statutory instruments: section 2(w) of the Foreign Exchange Management Act, 1999 (for residency definition), section 2(u) of the Special Economic Zones Act, 2005 (for Offshore Banking Unit), and sections of the Income-tax Act, 1961 (for certain sub-sections listed at Sl. No. 14).

      Interpretation

      Legislative intent, as discernible from textual structure: to provide targeted exemptions for certain foreign-sourced or diplomatically connected incomes, strategically significant commercial arrangements (e.g., crude oil storage/sale by notified foreign companies), and to maintain reciprocity for diplomatic personnel. The Schedule uses notification powers (Central Government) and pre-conditions (e.g., residence outside India, RBI permission, aggregate days of stay) as mechanisms to limit the benefit to particular factual situations. The text indicates that the exemption is conditional rather than absolute, requiring specified factual predicates and administrative notifications.

      Exceptions/Provisos

      Carve-outs and conditions appear in column D against each serial number. Notable conditions include:

      • Sl. No. 1: interest on moneys in a Non-Resident (External) Account in Indian banks as per FEMA and rules.
      • Sl. No. 2: diplomatic/trade commissioner exemption conditioned on reciprocity and staff status (not engaged in business/profession in India).
      • Sl. No. 3 and 4: time-bound presence (90 days aggregate in tax year) and absence of employer's taxable presence in India.
      • Sl. No. 6-7: notifications by Central Government and specified recipient being National Technical Research Organisation for certain royalties/fees.
      • Sl. No. 8: deposit date threshold (on or after 1 April 2005) and Offshore Banking Unit reference.
      • Sl. No. 9: intra-group cruise ship lease rental conditions, and temporal limitation to tax years beginning on or before 1 April 2029.
      • Sl. Nos. 11-13: Central Government notification and agreements/arrangements entered into or approved by Central Government, with national interest consideration, and limitations on activities of the foreign company in India.
      • Sl. No. 14: incomes falling under specified sections of the Income-tax Act, 1961 subject to conditions specified therein.

      Illustrations

      • Example 1: An individual non-resident holding a Non-Resident (External) Account with interest earned thereon - the interest is excluded from total income if the account is maintained as per FEMA and rules. (Directly consistent with text.)
      • Example 2: A non-citizen employee of a foreign enterprise who visits India for 60 aggregate days in the year to provide services for a foreign employer that has no trade or business in India - his remuneration for services rendered during the stay is excluded provided the remuneration is not taxable to the employer under the Act. (Consistent with Sl. No. 3.)
      • Example 3: A notified foreign company stores crude oil in India under a Central Government-approved arrangement and sells the oil to an Indian resident as per the agreement - the income accruing from storage and sale is not included in total income subject to notification. (Consistent with Sl. Nos. 12-13.)

      Interplay

      The Schedule expressly interacts with: FEMA, 1999 (residency definition and NR(E) accounts); Special Economic Zones Act, 2005 (Offshore Banking Units); and referenced sections of the Income-tax Act, 1961 for Sl. No. 14 exemptions. Several exemptions depend on Central Government notification or agreements entered into/approved by the Central Government, indicating administrative coordination between tax authorities and executive departments. No rules or notifications beyond these cross-references are reproduced in the document.

      Differences between SCHEDULE IV - Income-tax Act, 2025 (Document 1) and Income Tax Bill, 2025 - Old Version (Document 2)

      • Textual corrections and punctuation: Document 1 contains minor editorial differences (for example, punctuation and phrasing around clauses (a)-(d) under Sl. No. 11 and Sl. No. 12 are slightly more concise).
        • Practical impact: purely editorial; no substantive change in scope or meaning appears from the texts provided.
      • Minor wording differences on eligibility phrases: e.g., Document 2 in Sl. No. 8 specifies "Non-resident or a person who is not ordinarily resident in India," whereas Document 1 uses "Non-resident or a person who is not ordinarily resident."
        • Practical impact: nominal; contextually both identify same classes of persons; if interpreted strictly, omission of "in India" could raise an interpretive question but the intent remains the same.
      • Variation in presentation of Sl. No. 11 and 13 wording: Document 1 states that the Central Government may notify "any person in India" and that the foreign company and the agreement are notified "having regard to the national interest"; Document 2 requires that "such agreement is entered with the foreign company, having regard to the national interest, and the agreement or arrangement is notified."
        • Practical impact: Document 1 frames notification of the company and agreement slightly differently; both require Central Government notification and national-interest consideration. Substantively the scope of exemption is governed by Central Government notification; any difference is stylistic unless read to alter the sequencing of notification vs. entry of agreement - not expressly stated as a legal difference in the texts.
      • Formatting and small textual insertions: Document 2 contains a stray full stop after the clause in Sl. No. 7(b) and some additional bracket spacing in Sl. No. 14.
        • Practical impact: typographical; no substantive legal consequence discernible from the provided materials.

      Practical Implications

      • Compliance and risk areas: taxpayers and foreign entities must ensure that qualifying conditions (residency status, period of stay, RBI permission, Central Government notification/approval, and absence of trade or business in India) are satisfied and documented before claiming the exclusion. Failure to meet stated conditions risks disallowance and tax exposure.
      • Record-keeping/evidence: maintenance of residency documentation (FEMA definitions), RBI permissions for NR(E) accounts, travel and stay records (to evidence the 90-day threshold), copies of Central Government notifications/agreements, and employer payroll records to show whether employer's income is chargeable in India. For Sl. No. 9, intra-group corporate documentation establishing holding/subsidiary relationships as per Note 1 is relevant.

      Key Takeaways

      • Schedule IV enumerates limited classes of income excluded from "total income" for particular non-residents and foreign entities, subject to explicit conditions and administrative notifications.
      • Most exemptions require factual predicates (residency status, period of presence, non-engagement in business in India) and/or Central Government notification or agreement.
      • Several exemptions are purpose-specific (diplomatic reciprocity, security projects, national-interest crude oil arrangements, cruise ship group structures, EEC investment schemes).
      • Document differences between the Act version and the Bill old version are largely editorial and typographical; no substantive changes are discernible from the texts provided.
      • Taxpayers and advisers should retain documentary evidence of qualifying conditions and track Central Government notifications/approvals relevant to the Schedule.

      Full Text:

      SCHEDULE IV - INCOME NOT TO BE INCLUDED IN TOTAL INCOME OF ELIGIBLE NON-RESIDENTS, FOREIGN COMPANIES AND OTHER SUCH PERSONS

      Topics

      ActsIncome Tax