Just a moment...

⚠✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
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
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. 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 LawsGST
    The Legal Contours of Input Tax Credit Eligibility: Procedural Aspects of GST and ITC
    Case LawsService Tax
    Reverse Charge Mechanism (RCM): Service Tax Implications for Exporters: A Legal Perspective on Forei...
    Case LawsIndian Laws
    Cheque Dishonour and Corporate Responsibility: Analyzing the Supreme Court's Latest Judgment
    Case LawsIncome Tax
    Validity of Notices / orders without DIN. The Critical Role of Procedural Compliance in Tax Administ...
    Case LawsIncome Tax
    Tax Exemptions: Capitation Fees in Educational Institutions: A Legal Quagmire
    Case LawsIncome Tax
    Procedural Technicalities vs. Substantive Justice in Tax Administration: A High Court Perspective
    Case LawsIncome Tax
    Revision u/s 263 and denial of deduction u/s 80IA: A Critical Analysis of the Delhi High Court's Jud...
    Case LawsIncome Tax
    Condonation of Delay and Jurisdictional Challenges: A Case Analysis of ITAT Kolkata's Decision
    Case LawsIncome Tax
    Legal Analysis: Scrutiny of Share Capital and Premium Under Section 68 of the Income Tax Act
    Case LawsIncome Tax
    Judicial Scrutiny of Retrospective Cancellation of Charitable Trust Registration: A Case Analysis of...
    Case LawsIncome Tax
    Office and Prosecution under Income Tax Act: Jurisdiction of Trial Court - Decision in a High Profil...
    Case LawsIncome Tax
    Taxation of Unexplained Income at Higher Rate of tax u/s 115BBE : A Comprehensive Analysis of the IT...
    Case LawsIncome Tax
    Analysis of ITAT Mumbai Judgment - Transfer Pricing Adjustment Dispute: Period of limitation u/s 144...
    Case LawsIncome Tax
    In-Depth Analysis of Key Issues in the ITAT Chennai Judgement
    Case LawsIncome Tax
    Doctrine of Merger in Income Tax Assessment: An Analysis of ITAT Chennai's Recent Judgment
    Case LawsIncome Tax
    Delay in refund processing, the petitioner's entitlement to interest, and the court's decision to gr...
    Case LawsIncome Tax
    Rejection of revision application u/s 264 in favor of assessee: A beneficial provision of Income Tax...
    Case LawsIncome Tax
    An Analysis of ITAT Decision on International Taxation, Capital Gains, and DTAA
    Case LawsIncome Tax
    Taxability of CSR fund: Treatment of certain funds received by an entity, particularly focusing on w...
    Case LawsIncome Tax
    Legal Analysis of ESOP Deduction and allowability in the Revised Return of income: An ITAT decision.
❮
❯
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Open Link
    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    Case LawsGST
    The Legal Contours of Input Tax Credit Eligibility: Procedural Aspects of GST and ITC
    Show AI Summary
    Input Tax Credit eligibility: procedural limits on reversing claims without supplier inquiry and GSTR-2A non-reflection not dispositive.
    Section 16(2) sets the statutory conditions for Input Tax Credit-tax invoice, receipt, tax payment, and return filing-and GSTR-2A serves only as a facilitator; non-reflection there does not automatically negate eligibility. Tax authorities must inquire into supplier conduct and observe procedural safeguards before reversing ITC or recovering tax from the recipient, with judicial precedents and CBIC clarifications shaping when exceptions may apply.
    Case LawsService Tax
    Reverse Charge Mechanism (RCM): Service Tax Implications for Exporters: A Legal Perspective on Forei...
    Show AI Summary
    Reverse charge mechanism: exporter not liable for foreign bank charges when Indian bank is the direct service recipient.
    The core issue is whether an exporter is liable under the Reverse Charge Mechanism for foreign bank charges deducted from export proceeds when those charges are imposed on and paid by an Indian intermediary bank. The Tribunal's analysis focuses on the definition of service recipient and territorial scope, concluding that the direct recipient-the Indian bank-is the party liable to discharge service tax while the exporter, as an indirect beneficiary without direct dealings with the foreign bank, is not subject to reverse charge.
    Case LawsIndian Laws
    Cheque Dishonour and Corporate Responsibility: Analyzing the Supreme Court's Latest Judgment
    Show AI Summary
    Directorial liability: strict averment requirement prevents presuming directors' responsibility without specific allegation, leading to quashing.
    The Court held that directorial liability requires specific averment that the director was in charge of and responsible for the conduct of the business at the time of the offence; mere titular position or awareness of cheque issuance is insufficient. It emphasized the necessity of serving the statutory notice prerequisite and rejected liberal construction to cure absent statutory averments, quashing proceedings against directors for non-compliance.
    Case LawsIncome Tax
    Validity of Notices / orders without DIN. The Critical Role of Procedural Compliance in Tax Administ...
    Show AI Summary
    DIN requirement in tax administration: absence of mandatory DIN can invalidate assessment orders unless exceptional circumstances apply.
    Failure to quote the mandatory computer-generated Document Identification Number (DIN) in assessment orders, as required by the CBDT Circular from 1 October 2019, constitutes a procedural defect that can render the order invalid unless the revenue demonstrates that the issuance fell within the Circular's narrowly drawn exceptional circumstances; the Tribunal found such non-compliance in the order dated 15 October 2019 and the High Court affirmed, while the Supreme Court granted interim stay for further consideration.
    Case LawsIncome Tax
    Tax Exemptions: Capitation Fees in Educational Institutions: A Legal Quagmire
    Show AI Summary
    Capitation fee allegations challenge admissibility and attribution of seized evidence in charitable trust tax exemption inquiries.
    Alleged collection of capitation fees by a registered charitable trust threatens its exemption under Section 11; most evidence was seized from employees' residences, invoking the presumption under Section 132(4A) and raising attribution issues. Employee admissions later retracted, similar statement drafting, declarations under the Income Declaration Scheme 2016, and trustees' acknowledgments create contradictory evidentiary threads that complicate admissibility, credibility, and whether the seized funds can be treated as trust income.
    Case LawsIncome Tax
    Procedural Technicalities vs. Substantive Justice in Tax Administration: A High Court Perspective
    Show AI Summary
    Condonation of delay in tax compliance: liberal interpretation protects bona fide taxpayers from technical disqualification.
    The court analysed whether delay in filing Form 10 could be condoned, considering the petitioner's unawareness of post 2016 amendments, CBDT circulars and precedent, and applying principles that each case be judged on its facts; it stressed that failure to claim accumulation does not by itself show absence of intent to comply and urged a liberal approach to mitigate genuine hardship and prevent procedural technicalities from defeating substantive justice.
    Case LawsIncome Tax
    Revision u/s 263 and denial of deduction u/s 80IA: A Critical Analysis of the Delhi High Court's Jud...
    Show AI Summary
    Section 263 limited to substantial legal errors; mere differences of opinion don't justify revisional tax action.
    Scope of Section 263 is confined to instances where an assessment order is erroneous and prejudicial to revenue in a substantial way, not mere differences of opinion. Migration of licences from IP VPN to NLD ILD does not, by itself, create a new undertaking defeating entitlement to deduction under Section 80IA(4)(ii), particularly where identical deductions were previously allowed; administrative migration requires clear proof of substantive change before re characterising eligibility.
    Case LawsIncome Tax
    Condonation of Delay and Jurisdictional Challenges: A Case Analysis of ITAT Kolkata's Decision
    Show AI Summary
    Delay condonation based on sufficient cause upheld where illness, relocation and pandemic disruption justified late filing and jurisdictional challenge.
    The tribunal applied a purposive construction of sufficient cause to condone substantial delay where cumulative factors-serious illness, change of residence and pandemic disruption-made filing untimely. It also found the assessment infirm for want of territorial and pecuniary jurisdiction because the taxpayer had established residence and filing history in a different territorial unit and administrative guidance allocated jurisdiction accordingly, underscoring that proper vesting of authority is a condition precedent to valid assessment.
    Case LawsIncome Tax
    Legal Analysis: Scrutiny of Share Capital and Premium Under Section 68 of the Income Tax Act
    Show AI Summary
    Unexplained cash credits under Section 68 require taxpayers to prove investor identity and genuineness; authorities must rebut with evidence.
    Applicability of Section 68 requires the assessee to establish investor identity, creditworthiness and transaction genuineness-via PAN, tax returns, audited accounts and bank statements-and once this initial burden is satisfied, the burden shifts to the revenue to rebut with concrete evidence; mere suspicion or inability to trace an ultimate source does not alone justify additions if investments are reasonable relative to investors' net worth and effected through banking channels.
    Case LawsIncome Tax
    Judicial Scrutiny of Retrospective Cancellation of Charitable Trust Registration: A Case Analysis of...
    Show AI Summary
    Retrospective cancellation of charitable trust registration invalidated due to lack of competent jurisdiction and procedural non compliance.
    The Tribunal invalidated the cancellation of a charitable trust's registration because the regional authority lacked competence to cancel under the statutory scheme and the transfer used to reassign the matter was improper; it further held that applying the newer cancellation provision retrospectively to deprive the trust of its recognized status was not legally tenable, emphasizing required notice, hearing and adherence to principled statutory interpretation.
    Case LawsIncome Tax
    Office and Prosecution under Income Tax Act: Jurisdiction of Trial Court - Decision in a High Profil...
    Show AI Summary
    Jurisdiction in multi locational offences governs venue determination; magistrate discretion and supervisory thresholds shape tax prosecution forums under criminal procedure.
    The judgment analyses Cr.P.C. place of offence principles in multi locational tax prosecutions, assessing whether procedural acts like recording statements under the Income Tax Act determine venue. It evaluates the magistrate's discretion in taking cognizance where alleged offences span jurisdictions and outlines the threshold for superior court supervisory intervention, emphasising that extraordinary petitions require demonstration of abuse of process or exceptional circumstances before altering magistrate venue determinations.
    Case LawsIncome Tax
    Taxation of Unexplained Income at Higher Rate of tax u/s 115BBE : A Comprehensive Analysis of the IT...
    Show AI Summary
    Taxation of unexplained income: higher-rate treatment applies, and deductions including partner salary are disallowed.
    The tribunal held that excess unrecorded stock and cash found on survey were assessable as unexplained investment and unexplained money, and that the special higher-rate taxation provision applies to such income, taxing it at a higher fixed rate and disallowing any deduction; consequently the claimed partner's salary relating to the unexplained investment was disallowed.
    Case LawsIncome Tax
    Analysis of ITAT Mumbai Judgment - Transfer Pricing Adjustment Dispute: Period of limitation u/s 144...
    Show AI Summary
    Limitation under section 144C: assessment issued beyond statutory period, leaving transfer pricing adjustment unresolved on procedural grounds.
    The tribunal focused on the statutory time limit under Section 144C(13) for passing assessment orders after DRP directions, treated the order as barred by limitation and therefore did not adjudicate substantive transfer pricing challenges raised under Section 92CA. Consequently, technical disputes over comparability, exclusion/inclusion of comparables, and the profit level indicator computation were left unexamined.
    Case LawsIncome Tax
    In-Depth Analysis of Key Issues in the ITAT Chennai Judgement
    Show AI Summary
    Capitalization of interest: tribunal scrutinised whether interest and forex on capital projects form capital cost or permit revenue deduction.
    The tribunal analyzed four core taxation questions: whether interest and foreign exchange fluctuations written off from Capital Work in Progress are capital or revenue in nature and their nexus to business operations; whether write off of a DG set component should be treated within the block of assets for depreciation or as a revenue repair; the applicability of Section 36(1)(iii) to proportionate interest on interest free advances to related concerns and the presumption from mixed funds; and the evidentiary requirements to establish that inter corporate deposits were funded from own funds rather than borrowed monies for interest deduction purposes.
    Case LawsIncome Tax
    Doctrine of Merger in Income Tax Assessment: An Analysis of ITAT Chennai's Recent Judgment
    Show AI Summary
    Doctrine of merger limits revisional jurisdiction under appeals, preventing collateral review of identical legal issues.
    The Doctrine of Merger operates to treat legal issues from an assessment as merged into appeal proceedings before the Commissioner of Income Tax (Appeals), thereby constraining subsequent revisional jurisdiction over those same issues; applied where initial assessment, reassessment notices and search-related assessment steps overlap, and supported by judicial precedent limiting collateral revision.
    Case LawsIncome Tax
    Delay in refund processing, the petitioner's entitlement to interest, and the court's decision to gr...
    Show AI Summary
    Interest on delayed tax refunds where delay is not attributable to the taxpayer under Section 244A.
    Entitlement to interest under Section 244A arises when refund payment is delayed for reasons not attributable to the assessee. The petitioner, a foreign company, faced delays caused by technical issues and incorrect guidance regarding banking details; the court treated the delay as the respondents' responsibility and applied Section 244A to award interest for the period of delay, directing payment according to the statutory rate.
    Case LawsIncome Tax
    Rejection of revision application u/s 264 in favor of assessee: A beneficial provision of Income Tax...
    Show AI Summary
    Revision application under Section 264: remand for fresh merits review when alternative remedies were improperly relied upon.
    Whether a revision under Section 264 may be denied solely because alternative remedies existed and whether appeal provisions applied to DDT-related treaty claims; the court found that rejecting revision on the mere availability of other remedies was untenable and that the appealed provision was inapplicable, directing fresh merits consideration of treaty relief and related tax computation by the Principal Commissioner.
    Case LawsIncome Tax
    An Analysis of ITAT Decision on International Taxation, Capital Gains, and DTAA
    Show AI Summary
    DTAA interpretation clarifies capital gains tax treatment for cross-border share sales under residency and grandfathering conditions.
    Taxation of capital gains from a Mauritius-based entity's sale of Indian company shares is analysed against the India-Mauritius Double Taxation Avoidance Agreement, focusing on DTAA allocation of taxing rights, timing of acquisition and transfer, and applicability of grandfathering provisions. The Tribunal assessed tax residency and treaty entitlement by examining corporate structure and commercial substance, applying the substance over form principle to determine whether treaty benefits were appropriate.
    Case LawsIncome Tax
    Taxability of CSR fund: Treatment of certain funds received by an entity, particularly focusing on w...
    Show AI Summary
    Fiduciary funds not treated as taxable income when entity acts as facilitator; earmarked project funds excluded from income.
    The Tribunal examined whether earmarked receipts should be included in taxable income or treated on the balance sheet, focusing on jurisdictional validity of scrutiny notices, whether amounts were routed through the income and expenditure account or retained as earmarked funds, and whether receipts held in a fiduciary capacity for disaster relief were excluded from the entity's income because the entity acted only as facilitator without beneficial ownership.
    Case LawsIncome Tax
    Legal Analysis of ESOP Deduction and allowability in the Revised Return of income: An ITAT decision.
    Show AI Summary
    ESOP deduction in revised returns - tribunal permits claim within revision window, stressing valuation, timing and documentary consistency.
    Deductibility of ESOP-related costs in a revised return hinges on compliance with the statutory time limit for revision and on accounting and evidentiary consistency: correct year of recognition, reliable grant date valuation (e.g., Black Scholes), concordant employee records, and disclosure in audited accounts. The tribunal found the claim allowable within the revision window but emphasised documentary proof, valuation method and timing of liability as central to acceptability.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Home› TMI Notes › Income Tax › Act-Rules › Category › This
      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters
      Income Tax

      Comparison of SCHEDULE XVI "PERMITTED MODES OF INVESTMENT OR DEPOSITS" 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

      Print Options

      SCHEDULE XVI - PERMITTED MODES OF INVESTMENT OR DEPOSITS

      Income-tax Act, 2025

      At a Glance

      The provided documents are two versions of SCHEDULE-XVI (Permitted Modes of Investment or Deposits) related to section 350 of the Income-tax legislation as presented in (a) "SCHEDULE-XVI of Income-tax Act, 2025" (Document 1) and (b) "SCHEDULE-XVI of Income Tax Bill, 2025 - Old Version" (Document 2). Both list permissible investment/deposit modes for registered non-profit / charitable or religious trusts or institutions. The differences between the two texts are principally editorial and ordering/wording differences and a few numbering/clauses variations; they do not indicate new substantive modes in the Old Version beyond those in the Act version provided. Affected parties: charitable/religious trusts, registered non-profit organisations, tax administrators and financial intermediaries. Effective date or decision date: Not stated in the document.

      Background & Scope

      Statutory hooks: See section 350 (referenced) and the schedule title SCHEDULE XVI. The schedule specifies the "modes of investing or depositing the money referred to in section 350" and therefore regulates the forms in which corpus or funds of charitable/religious trusts and institutions (or registered non-profit organisations) may be maintained to retain tax benefits or compliance with section 350. The schedule enumerates specific permitted instruments, investments, deposits and certain transitional and historical exceptions. Definitions are provided within the schedule (see paragraph providing definitions such as "long-term finance", "public company", "urban infrastructure", "Immovable property", "incubatee", "incubator").

      Statutory Provision Mode

      Text & Scope

      The schedule enumerates discrete permitted modes of investment/deposit for monies u/s 350. Coverage: central government small savings instruments (savings certificates, small savings schemes), Post Office Savings Bank, scheduled banks and cooperative banks, Unit Trust of India units, securities issued by Central/State Governments, government-guaranteed debentures, investments/deposits with public sector companies (with transitional deeming rules if company ceases to be a public sector company), bonds issued by specified financial corporations or public companies engaged in long-term housing/urban infrastructure finance, immovable property, IDBI deposits, units of specified mutual funds (Schedule VII entries), transfers to Public Account of India, deposits with housing/urban development authorities, equity shares of depositories, specified investments by recognised stock exchanges, investments by payment system entities in specified companies, incubator/incubatee investments, shares of National Skill Development Corporation, debt instruments of RBI-registered infrastructure finance companies, Sovereign Gold Bonds ("Stock Certificate" definition reference), units of Powergrid Infrastructure Investment Trust, shares in a public sector company, historical corpus exceptions (assets forming corpus as at specified historical dates), accretions by bonus shares, debentures acquired before specified historical dates, voluntary contributions maintained as specified tangible assets, short-term holding exception for non-specified assets, and funds representing business profits under specified conditions.

      Interpretation

      The schedule is primarily a closed list of permissible forms; interpretive principle implied: only these listed forms (and those falling within the enumerated transitional/historical carve-outs) qualify as compliant with section 350 requirements. The definitions provided constrain certain terms (for example, "long-term finance" defined by a five-year minimum repayment term, "Immovable property" excluding most machinery/plant). Legislative intent as indicated by the text: to allow a mix of conservative, government-backed, regulated financial instruments and specified sectoral investments while controlling diversion into unregulated assets; to preserve historical corpus exceptions; and to permit certain strategic sectoral investments (e.g., incubators, digital payments infrastructure, infrastructure finance).

      Exceptions/Provisos

      The schedule includes multiple temporal and condition-based exceptions: (a) investments in public sector company shares remain covered for three years after the company ceases to be a public sector company; (b) other deposit/investment in such company remains covered until repayable; (c) assets not specified in clauses (1)-(30) are permitted only if not held beyond one year from the end of the tax year in which acquired (Document 1 wording differs slightly-see differences table); (d) corpus preservation exceptions for assets held on 1 June 1973 and 1 June 1998; (e) certain assets acquired before 1 March 1983; (f) business profits may be retained only if separate books are maintained where other income exists.

      Illustrations

      • Example 1: A registered non-profit purchases Central Government savings certificates and deposits surplus funds in a scheduled bank: these are permitted under clauses (1) and (3).
      • Example 2: A trust acquires equity shares of a public sector company that later becomes disinvested and ceases to qualify as a public sector company; the trust's shareholding is deemed to remain a permitted investment for three years from the date of change (clause (7)(a)).
      • Example 3: A charitable institution receives a painting as a voluntary contribution and maintains it as part of corpus pending a Board notification: clause (30)/(32) allows voluntary contributions maintained in forms such as furniture or jewellery if specified by Board notification. (Note: reliance on Board notification is required.)

      Interplay

      The schedule cross-references: Government Savings Certificates Act, 1959; Depositories Act, 1996; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Payment and Settlement Systems Act, 2007; Companies Act, 2013; Industrial Development Bank of India Act, 1964; Schedule VII (mutual fund schemes); Sovereign Gold Bonds Scheme notification G.S.R. 827(E) dated 30 October 2015; and section 32(e) (as corrected). Interaction with these statutes and notifications determines eligibility/qualification of instruments and entities named. Specific practical interpretive issues: Not stated in the document (e.g., guidance on valuation, treatment of hybrid instruments, or applicable timelines for Board notifications).

      Differences between Document 1 (Schedule-XVI of Income-tax Act, 2025) and Document 2 (Schedule-XVI of Income Tax Bill, 2025 - Old Version)

      FeatureDocument 1 (Act)Document 2 (Bill - Old)Practical Impact
      Title/Scope descriptionReads "FORMS OR MODES OF INVESTMENT OR DEPOSITS BY A REGISTERED NON PROFIT ORGANISATION".Reads "FORMS OR MODES OF INVESTMENT OR DEPOSITS BY A CHARITABLE OR RELIGIOUS TRUST OR INSTITUTION".Potential drafting consistency/coverage difference: Act version uses broader term "registered non profit organisation" while Bill refers to "charitable or religious trust or institution". Practical effect depends on statutory definition of "registered non profit organisation" vs. "charitable or religious trust or institution" elsewhere - Not stated in the document.
      Numbering and orderingLists items (1)-(32) with definitions at paragraph 2 (a)-(f).Lists items (1)-(32) then includes clause (33) as the definitions block; textual wording slightly varies (e.g., references to "herein referred to" vs "hereafter referred to").Primarily editorial; no substantive change to listed permissible modes is apparent. Practical impact: negligible on permitted modes; clarity/interpretation possibly affected by drafting differences but core content substantially same.
      Specific clause differences (examples)Includes item (30) "voluntary contributions received and maintained in the form of jewellery, furniture or any other article as the Board may, by notification specify" as clause (30) and item (31) concerning assets not in clauses (1)-(30) held up to one year from end of tax year.Order differs: item (32) in Document 2 is the "voluntary contributions..." clause and item (30) in Document 2 refers to assets not being investments held after expiry of one year from end of tax year. Also Document 2 contains minor textual corrections (notes indicating correction of "section 32 (1)(e)" to "section 32 (e)").These are drafting/numbering and editorial corrections. Practical impact: none substantive, but numbering differences require caution when citing specific sub-paragraph numbers; reference to section 32(e) correction clarifies intended cross-reference.
      Definitions block placement and labellingDefinitions under "2. Interpretation" enumerated (a)-(f).Definitions included at the end as "(33) In this schedule,- (a) ... (f) ..." with slightly different heading style.No substantive difference in definitions themselves. Practical impact limited to citation conventions within drafting-users must ensure referencing correct clause numbering for each version.
      Minor wording variantsUses phrasing such as "herein referred to as investor" and "herein referred to as investee".Uses "hereafter referred to as investor" and "hereafter referred to as investee"; contains textual spacing and punctuation variations and an explicit errata note about corrections.Editorial only. Practical impact: none on legal substance, but the errata notes in Document 2 improve textual accuracy.

      Practical Implications

      • Compliance and risk areas: Trustees and non-profit administrators must ensure corpus monies are invested only in the enumerated modes or within the short-term holding exception; reliance on non-specified investments beyond the one-year grace risks non-compliance with section 350 conditions. Not stated in the document: procedural sanctions or consequences for non-compliance.
      • Record-keeping/evidence: The text implies need for records evidencing nature of instruments (e.g., government certificates, bank deposits, share certificates, notifications of permitted Board-specified tangible assets), dates of acquisition to apply short-term holding rule and historical corpus cut-off dates, and documentation of separate books of accounts where business profits and other income co-exist.

      Key Takeaways

      • SCHEDULE-XVI provides a closed/enumerated list of permitted investment/deposit modes for monies u/s 350, privileging government-backed and regulated instruments and certain sectoral investments.
      • Both documents substantially list the same modes; differences are largely editorial, numbering and minor wording variations, and a title wording variance (registered non-profit organisation vs. charitable or religious trust/institution).
      • Transitional exceptions (public sector company treatment, historical corpus dates, pre-1983 debentures) preserve earlier holdings and prevent retrospective disallowance of legacy corpus assets.
      • Short-term holding exception permits non-specified assets to be held only up to one year from the end of the tax year in which acquired (wording differs slightly between versions; practitioners should confirm the authoritative version before citation).
      • Definitions such as "long-term finance" (five-year minimum) and "Immovable property" (excluding most machinery/plant) narrow the scope of qualifying instruments.
      • Practical compliance requires careful record-keeping, attention to cross-references (e.g., section 32(e), statutory definitions), and monitoring of statutory/Board notifications referenced for certain asset categories.
      • Errata in the Bill (corrections from "section 32(1)(e)" to "section 32(e)") and minor drafting differences mean practitioners should use the enacted/official Gazette text for authoritative citation.

      Full Text:

      SCHEDULE XVI - PERMITTED MODES OF INVESTMENT OR DEPOSITS

      Topics

      ActsIncome Tax
      Next ➔