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Swachh Bharat Cess reverse charge shifts liability to the service recipient, applying existing reverse charge notifications mutatis mutandis.
Swachh Bharat Cess for services under reverse charge is payable by the service recipient: Chapter V provisions apply to SBC, and government notification makes the existing service tax reverse charge notification applicable to SBC mutatis mutandis, so recipients compute and discharge SBC under the same reverse charge rules.
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Service tax plus Swachh Bharat Cess yields a combined rate after SBC introduction, affecting taxable services.
The operative tax burden on taxable services equals the prevailing service tax rate plus the Swachh Bharat Cess, expressed in the FAQ as an additive formula (for example, service tax rate plus 0.5% SBC) to determine the overall effective rate after SBC's introduction.
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Separate accounting code for Swachh Bharat Cess to be notified, creating distinct heads for collection, receipts, penalties and refunds.
Separate accounting codes for the Swachh Bharat Cess will be notified in consultation with the Principal Chief Controller of Accounts, establishing distinct minor head classifications to record cess Tax Collection, Other Receipts, Penalties and Deduct Refunds with corresponding numeric codes for government accounting.
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Swachh Bharat Cess must be shown separately on invoices and accounted for independently from service tax.
Swachh Bharat Cess (SBC) is levied independently of service tax and must be charged, collected and paid separately; it should appear as a distinct line item on invoices (may be shown after service tax), be accounted for separately in books of account, and remitted under a separate accounting code, with treatment similar to education cesses.
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Swachh Bharat Cess calculation mirrors service tax and is levied on the identical taxable value.
The Swachh Bharat Cess is computed using the same methodology as service tax and is levied on the identical taxable value applied for service tax, with no separate valuation base or distinct computation formula for the Cess.
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Proceeds of Swachh Bharat Cess credited to Consolidated Fund of India, usable after parliamentary appropriation for sanitation initiatives.
Proceeds of the Swachh Bharat Cess are to be credited to the Consolidated Fund of India, and after parliamentary appropriation the Central Government may utilise such sums for financing and promoting Swachh Bharat initiatives or for related purposes.
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Swachh Bharat cess imposed to finance and promote sanitation initiatives, obliging service providers to collect and remit the levy.
Imposition of Swachh Bharat Cess is a statutory levy on taxable services to generate revenue expressly for financing and promoting Swachh Bharat initiatives and related purposes, creating an obligation on service providers to collect and remit the cess so funds are available for the designated sanitation objectives.
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Swachh Bharat Cess on exempted and negative list services is not leviable under the FAQ circular.
The circular clarifies that Swachh Bharat Cess is not leviable on services which are fully exempt from service tax and on services covered by the negative list, limiting the cess's chargeability to taxable services only.
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Swachh Bharat Cess implementation date fixed as 15 November 2015 under notification appointing its commencement.
The Central Government appointed 15 November 2015 as the date on which provisions of the Swachh Bharat Cess come into effect, by notification No.21/2015 Service Tax dated 6 November 2015.
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Swachh Bharat Cess applies as a service cess on taxable services, increasing service tax liability and compliance obligations.
Swachh Bharat Cess is a statutory cess levied as a service cess under Chapter VI of the Finance Act, 2015, imposed on all taxable services and collected in accordance with the Act's levy and collection provisions, thereby increasing service tax liability and requiring compliance with service tax accounting and remittance rules.
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Advance Pricing Agreement requires modified returns and extends reassessment deadlines for affected assessment years by tax authorities.
Entry into an Advance Pricing Agreement fixing the arm's length price requires the taxpayer to file a modified return for each affected assessment year within three months from the end of the month in which the APA is executed. If an assessment was already completed, the Assessing Officer must reassess under the APA and complete that reassessment within one year from the end of the financial year in which the modified return is filed. If the assessment was pending, the Assessing Officer may complete it within an extended timeframe permitted for APA-related assessments.
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A payer must quote PAN when annual payments of life insurance premium to an insurer aggregate to Rs. 50,000 or more, the aggregation determining whether the PAN quoting obligation is triggered as a compliance mechanism for identification and reporting of premium payments.
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Quoting a Permanent Account Number (PAN) is mandatory for deposits into mutual funds and for share purchases when the payment amount is fifty thousand rupees or more, under the PAN provisions and implementing rules governing income-return and reporting obligations.
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Permanent Account Number requirement: PAN is mandatory for opening bank accounts under income tax rules with no monetary threshold.
Permanent Account Number (PAN) is mandatory for opening a bank account under the income tax statutory framework and implementing rules; the requirement applies generally and the source does not specify any monetary threshold limiting the obligation, reflecting PAN's function as an identification and compliance mechanism in return of income and assessment procedure contexts.
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PAN requirement for securities transactions mandates furnishing PAN for deposits exceeding prescribed threshold to enable identity verification.
A PAN furnishing requirement applies to sale and purchase of securities: where consideration in a securities transaction exceeds the statutory high-value threshold, the person transacting must furnish their Permanent Account Number to the counterparty, implementing identity verification and enabling tax reporting obligations under the income-tax rules.
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PAN requirement for time deposits: PAN must be furnished when a time deposit exceeds the prescribed regulatory threshold.
A PAN must be furnished when a depositor makes a time deposit with a bank, banking company, or banking institution that exceeds the prescribed monetary threshold; this imposes an identification and reporting obligation under the income tax PAN provisions and rules.
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A Permanent Account Number (PAN) must be furnished for sale or purchase of immovable property when the transaction reaches the statutory value threshold, as part of PAN-related obligations in return of income and assessment procedure; this requirement applies to parties to the transaction to ensure tax documentation and compliance.
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Right to file revised return: no prior permission required and permission-application cannot substitute for revision.
No prior permission is required to file a revised return; the assessee has a right to submit a revised return. An application framed as seeking permission to revise the originally filed return cannot be treated as, or substitute for, a valid revised return, and therefore does not meet the statutory mechanism for revision.

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Comparison of SCHEDULE IX "DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION"." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

18 September, 2025

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SCHEDULE IX - DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION".

Income-tax Act, 2025

At a Glance

The document is SCHEDULE IX (Schedule-IX) to the Income Tax Bill, 2025 (Old Version), prescribing deductions for deposits into Tea Development Account, Coffee Development Account and Rubber Development Account when computing income under the head "Profits and gains of business or profession." It matters to taxpayers engaged in growing and manufacturing tea, coffee or rubber, and to tax administrators overseeing allowable deductions and audit/compliance. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hook: Schedule IX proceeds "See section 48" (as annotated in the text). The Schedule governs quantum of deduction for amounts deposited into specified development accounts (special account or deposit account) and the conditions, withdrawal consequences, treatment on sale/transfer of assets acquired through such amounts, and interpretative definitions. Definitions provided in paragraph 6 explain terms such as Coffee Board, deposit account, deposit scheme, National Bank, Rubber Board, Special account, specified account and Tea Board. The Schedule applies to assessee carrying on the business of growing and manufacturing tea, coffee or rubber in India during the tax year.

Statutory Provision Mode

Text & Scope

The Schedule establishes a specific deduction regime for growers/manufacturers of tea, coffee and rubber. Key elements: (1) Quantum of deduction (paragraph 1); (2) conditions for claiming the deduction (paragraph 2); (3) restrictions on withdrawal from specified accounts and consequent taxability (paragraph 3); (4) non-allowance of deduction for expenditure met from account withdrawals (paragraph 4); (5) treatment on sale/transfer of assets acquired under the schemes (paragraph 5); and (6) definitions (paragraph 6).

Interpretation

Legislative intent reflected in the text: incentivise deposits into development accounts for the specific agricultural/plantation sectors while denying double tax benefits and ensuring deposits are used for sectoral purposes. The text prescribes the deduction to be the lesser of actual deposits or 40% of profits (para 1(1)(a)/(b)), and prioritises granting the deduction before set off of brought-forward losses (para 1(2) referencing section 110). The Schedule contains deeming provisions to pull back amounts into taxable income when withdrawn other than for specified purposes, when utilised for specified articles or when not utilised after release (para 3). It also contains anti-abuse rules on sale/transfer of assets within eight years (para 5).

Exceptions/Provisos

Carve-outs and conditions in the Schedule include:

  • Deduction limited to 40% of business profits computed under the head before making the deduction (para 1(1)).
  • Deduction allowed only if the assessee is carrying on the specified business in India and deposits funds in the specified account (para 2(1)(a)-(b)).
  • Audited accounts and furnishing of an audit report are required before the specified date referred to in section 63 (para 2(1)(c)).
  • Withdrawals are generally prohibited except in enumerated events (closure, death, partition of HUF, dissolution of firm, liquidation of company) (para 3(1)).
  • Withdrawals in certain circumstances or utilisation for specified articles are deemed taxable immediately (para 3(2)-(4)).
  • When assets acquired under the scheme are sold or transferred within eight years, the portion of cost relatable to the earlier deduction is taxed as business income (para 5(1)). Exemptions apply on sale to specified persons or on succession to a company, subject to conditions (para 5(2)).
  • Deductions claimed in one tax year cannot be claimed in any other tax year for the same amount (para 2(3)).

Illustrations

  • Example 1: An assessee operating a tea plantation deposits INR X into a special account during the tax year. If 40% of the assessed profits before deduction equals INR Y and X <= Y, the allowable deduction equals X; if X > Y, allowable deduction is limited to Y (para 1(1)).
  • Example 2: If the assessee withdraws the entire balance on closure of business, the amount withdrawn is deemed to be the profits and gains of business of that tax year and taxed accordingly (para 3(1), (2)).
  • Example 3: Asset A acquired using account funds is sold five years after acquisition; the part of asset cost attributable to earlier deduction is deemed income in the year of sale (para 5(1)).

Interplay

The Schedule refers to other statutory provisions: section 48 (heading reference), section 63 (specified date for furnishing audit report), and section 110 (set off of loss carried forward). It also invokes external statutory entities and enactments in definitions (Coffee Act, 1942; National Bank for Agriculture and Rural Development Act, 1981; Rubber Act, 1947; Tea Act, 1953; Companies Act, 2013 s.2(45)). Interaction with rules, notifications or circulars beyond those citations: Not stated in the document.

Practical Implications

  • Compliance and risk areas: Claimants must ensure strict compliance with deposit requirements and audit filings (para 2(1)(b), 2(1)(c)). Failure to comply or unauthorised withdrawals will trigger immediate taxability under para 3. Use of withdrawn funds to purchase "specified article or thing" also triggers income inclusion (para 3(3)).
  • Record-keeping/evidence: Taxpayers need contemporaneous evidence of deposits into specified accounts, authorisation under the special/deposit scheme, audit reports filed by the date in section 63, vouchers/invoices showing utilisation for permitted purposes, and asset acquisition and disposal records to demonstrate eight-year holding or qualifying exceptions on succession/sale to specified persons (paras 2-5). The Schedule requires the report "in such form and manner as prescribed" (para 2(1)(c)), implying retention of the prescribed form and accountant verification for audit trails.

Key Takeaways

  • The deduction equals the lesser of actual deposits into specified accounts or 40% of business profits (para 1(1)).
  • Deduction must be supported by deposits into a special account (National Bank) or deposit account under board schemes and by an audited report furnished by the specified date (para 2).
  • Withdrawals are tightly restricted; unauthorised withdrawals or release and non-utilisation/ utilisation for specified articles cause immediate taxation (para 3).
  • Assets acquired using such funds attract claw-back on sale/transfer within eight years, unless transfer is to specified persons or in permitted succession to a company meeting conditions (para 5).
  • Deductions once allowed in a tax year cannot be re-claimed in other years; partnerships or AOPs cannot pass the deduction to partners/members individually (para 2(3)-(4)).
  • The Schedule cross-references other statutory sections and statutory bodies; specific procedural form/manner is left to prescription (section 63 timing; "as prescribed") (paras 1(2), 2(1)(c)).
  • Definitions in para 6 are sector-specific and determine the scope of eligible schemes/accounts and institutional actors.

Differences from the Parallel Version and Practical Impact

Comparative differences between this Schedule (Income Tax Bill, 2025 - Old Version) and the other text presented (Schedule-IX of Income-tax Act, 2025) include the following principal divergences and their practical consequences:

  • Reference for set off of loss: This Bill version references section 110 for carry-forward loss set-off (para 1(2)); the Act version references section 112.
    • Practical impact: Potential change in cross-reference may affect interpretation or alignment with other loss-carry provisions; the text here does not explain the substantive difference between s.110 and s.112. Users must check which section governs loss carry-forward in the operative Act. The document does not state transitional treatment. (Document cross-reference difference noted.)
  • Timing of deposit for claiming deduction: The Bill version simply requires that the assessee "has deposited any amount in the specified account" (para 2(1)(b)). The Act version adds an express timing condition: deposit before the expiry of six months from the end of the tax year or before the due date of furnishing the return of income, whichever earlier.
    • Practical impact: The Bill version is less explicit on timing, which could lead to interpretive uncertainty about when deposits must be made to qualify. The Act version's explicit timing imposes a clear deadline beneficial for administration and certainty for taxpayers. The Bill text leaves the timing requirement ambiguous: Not stated in the document as to whether later enactments amend timing.
  • Form and manner language for audit report: The Bill text states the audit report to be "in such form and manner as prescribed and verified by such accountant," whereas the Act text says "in such form and manner as may be prescribed."
    • Practical impact: Both contemplate prescription; the Bill's explicit "verified by such accountant" emphasises accountant verification. Operationally this is minor but could affect the nature of the certification required; the Bill version appears to require both statutory audit and a separate accountant's verification form when accounts are audited under another law (para 2(2)).
  • Variation in wording for compliance where audit required under other law: The Bill version requires furnishing "the report of such audit along with report by an accountant," whereas the Act version requires furnishing "the report of such audit and a report by an accountant."
    • Practical impact: Substantively similar; drafting differences likely immaterial.
  • Definitional and textual discrepancies: The Bill version's definition of the Rubber Act citation is "Rubber Act, 1947 (34 of 1947)" (para 6(e)), while the Act text cites "24 of 1947." Also, the Bill version lacks an explicit definition of "special scheme" (it defines "deposit scheme" and "Special account" but not "special scheme"), whereas the Act version includes "special scheme means the scheme approved in this behalf by the Tea Board or the Coffee Board or the Rubber Board."
    • Practical impact: Citation errors and missing definitional text could create confusion about the statutory provenance and the precise institutional approval process for schemes; lack of a definition for "special scheme" in the Bill text may leave uncertainty about the approval or scope of such schemes until clarified by rules or later amendments.
  • Minor drafting variations in successor-company condition language: The Bill version speaks of transfer "in view of succession of business" and refers to "specified scheme or deposit scheme is applicable" (para 5(2)(b)), while the Act uses "in connection with succession" and the "provisions of special scheme or deposit scheme is applicable."
    • Practical impact: Subtle drafting differences-functionally similar but may require interpretive attention in succession cases (firms->companies) to establish continuity of scheme applicability and composition of shareholders/partners.

Action Points

  • Taxpayers in tea/coffee/rubber businesses should ensure deposits are made into the prescribed accounts and maintain complete audit records and prescribed audit reports by the date in section 63 (para 2).
  • Carefully review the operative Act for exact cross-references (sections 110/112) and the final wording of definitions such as "special scheme" and correct statutory citations before relying on the Bill wording for compliance planning (paras 1(2), 6).
  • Maintain documentation substantiating permitted utilisation of released funds, invoices for "specified articles or thing," and holding periods for assets acquired under the scheme to avoid claw-back (paras 3-5).

Full Text:

SCHEDULE IX - DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION".

Topics

Acts Income Tax