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Act Rules Bills
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Anti-avoidance in securities transactions deems income to the economic owner to prevent dividend and bonus stripping abuse.
Clause 175 establishes a deeming regime that treats dividends and interest received by an interposed holder as the income of the original economic owner where securities are transferred and subsequently reacquired, limits taxpayer liability where similar securities are acquired, apportions income for partial-year beneficial interest holders, provides exceptions if the taxpayer proves absence of avoidance, disallows losses from dividend and bonus stripping within prescribed acquisition and disposal windows, and treats disallowed bonus-related losses as cost adjustments for retained units.
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Deeming of income transferred to non-residents prevents tax avoidance by treating economic beneficiaries as taxable residents.
Clause 174 applies where a transfer of assets, before or after commencement, results in income payable to a non-resident, and where the transfer alone or with associated operations confers on any person rights that give the power to enjoy that income. Such income is deemed to be that person's income for all purposes; related capital sums are treated to prevent disguise as non-taxable receipts. Exceptions exist for bona fide commercial transactions, with the taxpayer bearing the burden to satisfy the assessing authority.
Act Rules Bills
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Arm's length price principle reaffirmed and clarified in revised transfer pricing definitions, with expanded enterprise and transaction scope.
Clause 173 of the Income Tax Bill, 2025 restates and refines transfer pricing definitions: arm's length price as the benchmark between independent parties in uncontrolled conditions; an expansive definition of "enterprise" covering goods, IP, services, contracts, investments and securities (directly or via units/subsidiaries); "permanent establishment" as a fixed place of business; and "transaction" to include informal or non enforceable arrangements. The clause updates the "specified date" cross reference to the Bill's return filing provision and adopts more itemised drafting while maintaining substantive continuity with Section 92F.
Act Rules Bills
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Accountant's report requirement: certified transfer pricing reporting mandated for international and specified domestic transactions, with prescribed form and timing.
Clause 172 requires every person entering into an international or specified domestic transaction in a tax year to obtain and furnish, by the specified date, a report from an accountant in the prescribed form, signed and verified as prescribed, setting forth such particulars as may be prescribed; the clause makes the obligation statutory, preserves applicability across taxpayer categories, and defers procedural form, verification and timing details to subordinate legislation while maintaining continuity with the existing reporting mechanics.
Act Rules Bills
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Transfer pricing documentation: contemporaneous records required and rapid furnishing on demand to enhance transparency and enforcement.
Clause 171 mandates maintenance and furnishing of prescribed transfer pricing documentation by persons entering into international or specified domestic transactions and by constituent entities of international groups, while delegating the specific content, retention periods, thresholds and filing procedures to rules. It enshrines a ten day furnishing requirement with possible extension, cross references definitions to the Bill's reporting provisions, and anticipates master file, local file and country by country reporting formats, thereby consolidating and modernising existing documentary obligations.
Act Rules Bills
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Secondary adjustment: statutory deemed advance and repatriation rule with alternative option to pay additional tax in lieu of interest.
Clause 170 mandates secondary adjustment where a primary transfer pricing adjustment of a prescribed monetary threshold increases income or reduces loss and excess money is not repatriated within the prescribed time; unrepatriated excess is deemed an advance to any non-resident associated enterprise and attracts notional interest computed as prescribed, with an alternative statutory option to pay an additional income-tax that is final and bars further credit or deduction.
Act Rules Bills
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Advance Pricing Agreement application: modified returns must align tax assessments with agreed transfer pricing terms and timelines.
The statutory mechanism requires taxpayers to furnish a modified return limited to APA-impacted items within a prescribed post-agreement period, treats that filing as a return for assessment purposes, and directs assessing officers to modify completed assessments or complete pending proceedings in accordance with the APA; designated limitation and deeming provisions clarify timelines and the status of proceedings to ensure retrospective yet circumscribed implementation of the APA.
Act Rules Bills
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Advance pricing agreements secure pre determination of arm's length pricing to enhance transfer pricing certainty and reduce disputes.
Clause 168 preserves the APA framework by empowering the Board, with Central Government approval, to determine the arm's length price or manner of attributing income to India for international transactions; to specify statutory and rule based methods (with adjustments); to make APAs prevail over general transfer pricing provisions; to bind both taxpayers and tax authorities for covered transactions; to permit rollback for prior years; and to declare APAs void ab initio for fraud or misrepresentation, with corresponding limitation period consequences and scheme making authority for procedural rules.
Act Rules Bills
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Safe harbour rules mandate acceptance of declared transfer prices and deemed income, delivering taxpayer certainty while limiting administrative discretion.
Clause 167 empowers the Board to prescribe safe harbour rules under which income-tax authorities shall accept the transfer price or deemed income declared by the assessee for transactions falling within section 9(2) and arm's length price provisions, creating a statutory presumption that reduces administrative discretion and dependency on detailed rule-making to specify eligibility, thresholds, documentation, and procedural requirements.
Act Rules Bills
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Arm's length pricing: multi year ALP option expands certainty and permits roll forward of transfer pricing determinations.
Clause 166 authorises the Assessing Officer to refer international and specified domestic related party transactions to a Transfer Pricing Officer for determination of the arm's length price, subject to prior approval; mandates notice, hearing, prescribed transfer pricing methods, and communication of the TPO order to AO and assessee; empowers the TPO to examine unreported transactions and to validate a taxpayer's option to apply a determined ALP to similar subsequent years, with rectification powers and corresponding AO amendment obligations, and permits issuance of Board guidelines to implement the multi year regime.
Act Rules Bills
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Arm's length price determination: new clause refines methods and AO powers, emphasizing documentation and prescribed procedures.
Determination of Arm's Length Price requires selecting the most appropriate method from prescribed alternatives based on the transaction's nature, associated enterprise class, and functional analysis; where a single comparable price is found it is the arm's length price subject to a prescribed tolerance, while multiple prices must be reconciled in a prescribed manner. The tax authority may determine ALP during assessment if methods were not followed or documentation is inadequate, but must issue a show cause notice before adjustment; adjustments permit recomputation of total income and restrict deductions on enhanced income, with safeguards to prevent double adjustment.
Act Rules Bills
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Specified domestic transaction: extending transfer pricing to high-value related-party domestic dealings, subject to arm's length compliance.
Clause 164 defines specified domestic transaction by enumerating categories of non-international related-party dealings brought under transfer pricing when aggregate annual value exceeds a high-value threshold, includes a residual prescription power to notify additional transactions, and requires contemporaneous documentation and benchmarking to ensure compliance with the arm's length principle.
Act Rules Bills
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International transaction scope expanded broadens transfer pricing coverage to intangibles and indirect dealings, including restructuring and financing arrangements.
Clause 163 defines international transaction expansively to include tangible and intangible property (expressly including transfer), capital financing, services, business restructuring, cost sharing and any transaction affecting profits, income, losses or assets; it reproduces an illustrative list of intangibles and contains a deeming rule treating dealings with third parties as international transactions where terms are determined with or pursuant to an associated enterprise, thereby widening transfer pricing coverage and anti avoidance reach.
Act Rules Bills
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Associated enterprise definition expands transfer pricing scope to include specified domestic transactions and indirect control.
Clause 162 defines associated enterprise through a general limb covering direct or indirect participation in management, control or capital and a list of deeming provisions-equity thresholds, significant loans and guarantees, board control, dependence on intangibles, supply and sales dependence, and familial/HUF control-while expressly extending the concept to specified domestic transactions and retaining prescribed catch-all and subjective influence tests that may require further guidance.
Act Rules Bills
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Arm's length price requirement drives transfer pricing adjustments to prevent profit shifting and protect the tax base.
Clause 161 mandates computation of income and the allowance of expenses or interest for international and specified domestic transactions among associated enterprises with reference to the arm's length price, requires arm's length allocation for shared costs or services, and prohibits transfer pricing adjustments that would reduce taxable income or increase losses, thereby strengthening scrutiny of intra group cost allocations and deductions to prevent profit shifting.
Act Rules Bills
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Unilateral double taxation relief limits credit to the lower of domestic or foreign tax rates and requires proof of foreign tax payment.
Clause 160 provides unilateral relief for Indian residents and non-resident partners taxed on foreign income where no DTAA exists, limited to the lower of the Indian tax rate or the foreign tax rate, requires proof of foreign tax payment, and defines key terms to include excess profits or business profits taxes; it modernizes terminology and omits a prior country-specific carve-out, while raising evidentiary and computational ambiguities.
Act Rules Bills
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Double taxation relief framework modernised: new clause clarifies treaty adoption, anti abuse safeguards, and documentation requirements.
Clause 159 empowers the Central Government to enter into and adopt agreements with foreign countries and notified specified territories, and permits specified domestic associations to enter into sectoral agreements subject to governmental adoption and notification. Agreements may provide relief from double taxation, avoidance of double taxation constrained by anti abuse safeguards, exchange of information to prevent evasion, and mutual assistance in tax recovery. The Act's provisions apply to the extent more beneficial to the taxpayer, but anti abuse measures in Chapter XI apply notwithstanding such benefit. Non residents must furnish a certificate of residence and prescribed documentation to claim treaty relief.
Act Rules Bills
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Treaty interpretation and anti-abuse primacy clarified: government may adopt association agreements while preserving treaty benefit limits.
Clause 159 authorises the Central Government to enter into agreements with foreign countries or notified territories and to adopt agreements between notified specified associations for double taxation relief, exchange of information, and mutual assistance in recovery. Taxpayers may claim the more beneficial of domestic law or a notified agreement, subject to documentary requirements for non-residents and the primacy of chapter-level anti-abuse provisions. A four-tier interpretive hierarchy for treaty terms is provided, with retrospective effect from the agreement's commencement.
Act Rules Bills
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Relief from taxation on foreign retirement accounts aligns Indian tax timing with foreign withdrawal taxation to prevent double taxation.
Clause 158 aligns Indian taxation of income from foreign retirement accounts with the foreign tax event by restricting relief to specified accounts in notified countries opened while the taxpayer was non resident, and by delegating timing and procedural details to rules to prevent double taxation, address timing mismatches, and guard against abuse.
Act Rules Bills
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Relief for irregular salary receipts: claim based allocation to prior years with computation and procedures delegated to rules.
Clause 157 provides relief where lump sum receipts (arrear or advance salary, salary for over twelve months, profits in lieu of salary, and arrears of family pension) cause an assessment at a higher rate. Relief is claim based on application to the Assessing Officer and requires allocation of amounts to earlier years; the Assessing Officer grants relief as prescribed in rules. An anti abuse exclusion denies relief where a deduction for the same amount has already been claimed, and computation, procedural steps and particulars (e.g., Form 10E practice) are to be specified by rules.

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AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975

1 February, 2026

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Union Budget 2026-27 - Finance Bill, 2026

(a) The First Schedule to the Customs Tariff Act, 1975 is proposed to be amended to carry out changes as under-

A.

Modification in Tariff rate (to be effective from 02.02.2026) * [Clause 136(a) of the Finance Bill, 2026]

*Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

Rate of Basic Customs Duty

S. No.

Heading, sub-heading, tariff item

Commodity

From (per cent)

To (per cent)

MSME sector

1.

6601 91 00,

6601 99 00

Umbrellas (other than garden umbrellas)

20%

20% or Rs. 60 per piece, whichever is higher

2.

6603 20 00, 6603 90 10, 6603 90 90

Parts, trimmings and accessories of articles of heading 6601 to 6602

10%

10% or Rs. 25 per kg., whichever is higher

B.

Decrease in Tariff rate (to be effective from 01.04.2026) [Clause 136(b) of the Finance Bill, 2026]

Rate of Basic Customs Duty

1.

9804

All dutiable goods, imported for personal use

20%

10%

C.

Tariff rate changes (without any change in effective rate of duty) [to be effective from 01.05.2026, unless otherwise specified] * [Clause 136(c) of the Finance Bill, 2026]

*Note:

1. The current applied rate of Basic Customs Duty on these commodities operate through their respective exemption/concessional duty notification(s). Such corresponding entries would be omitted from the concerned notification(s) with effect from 01.05.2026, as the same would operate through the Customs Tariff Act, 1975, in the manner as detailed below. It is an exercise for simplification of the Customs tariff structure and applicable Basic Customs Duty rate on these items would remain unchanged.

2. Heading and sub-heading referred in column (2) shall include all tariff items under such heading or sub- heading.

3. The said changes are to be read with consequent amendments related to Social Welfare Surcharge (SWS) and Agriculture Infrastructure and Development Cess (AIDC).

Rate of Duty

S. No.

Heading, sub-heading tariff item

Commodity

From

To

(1)

(2)

(3)

(4)

(5)

1.

0207 25 00, 0207 27 00

Meat and edible offal of turkeys, frozen

30%

5%

2.

0306 36 60

Artemia

5%

Nil

3.

0511 91 40

Artemia cysts

5%

Nil

4.

0802 11 00

Almonds, in shell

Rs.42 per kg

Rs.35 per kg

5.

0802 12 00

Almonds, shelled

Rs.120 per kg

Rs. 100 per kg

6.

0802 31 00

Walnuts, in shell

120%

100%

7.

1209 (other than those falling under sub headings 1209 91 and 1209 99)

Seeds, fruit and spores, of a kind used for sowing

30%

15%

8.

1505

Wool grease and fatty substances derived therefrom (including lanolin)

30%

15%

9.

2008 19 21, 2008 19 22, 2008 19 29, 2008 19 91

Makhana, other roasted nuts and seeds

150%

30%

10.

2008 19 92

Other nuts, otherwise prepared or preserved

150%

30%

11.

2309 90 31

Prawn and shrimps feed

15%

5%

12.

2504

Natural graphite

5%

2.5%

13.

2505

Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of the Customs Tariff Act, 1975

5%

Nil

14.

2506

Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

5%

2.5%

15.

2530 90 91

Strontium sulphate (natural ore)

5%

Nil

16.

2701, 2702, 2703

Coal; briquettes, ovoids and similar solid fuels manufactured from coal; Lignite, whether or not agglomerated, excluding jet; Peat (including peat litter), whether or not agglomerated

5%

2.5%

17.

2709 00 10

Petroleum crude

5%

Re 1 per tonne

18.

2804 50 20

Tellurium

5%

Nil

19.

2804 61 00

Silicon, containing by weight not less than 99.99% of silicon

5%

Nil

20.

2804 69 00

Silicon, other

5%

Nil

21.

2804 90 00

Selenium

5%

Nil

22.

2805 30 00

Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

5%

Nil

23.

2809 20 10

Phosphoric Acid

7.5%

5%

24.

2811 22 00

Silicon dioxide

7.5%

2.5%

25.

2816 40 00

Oxides, hydroxides and peroxides, of strontium or barium

7.5%

Nil

26.

2822 00 10

Cobalt oxides

7.5%

Nil

27.

2822 00 20

Cobalt hydroxides

7.5%

Nil

28.

2822 00 30

Commercial cobalt oxides

7.5%

Nil

29.

2825 20 00

Lithium oxide and hydroxide

7.5%

Nil

30.

2825 30

Vanadium oxides and hydroxides

7.5%

Nil

31.

2825 60 10

Germanium oxides

7.5%

Nil

32.

2825 70

Molybdenum oxides and hydroxides

7.5%

Nil

33.

2825 80 00

Antimony Oxides

7.5%

Nil

34.

2825 90 20

Cadmium oxide

7.5%

Nil

35.

2827 35 00

Chlorides of Nickel

7.5%

Nil

36.

2827 39 30

Strontium chloride

7.5%

Nil

37.

2833 24 00

Sulphates of Nickel

7.5%

Nil

38.

2834 21 00

Nitrates of potassium

7.5%

Nil

39.

2836 91 00

Lithium carbonates

7.5%

Nil

40.

2836 92 00

Strontium carbonate

7.5%

Nil

41.

2910 20 00

Methyloxirane (propylene oxide)

5%

2.5%

42.

2918 15 30

Bismuth citrate

7.5%

Nil

43.

3102 30 00

Ammonium nitrate, whether or not in aqueous solution

10%

5%

44.

3801

Artificial Graphite; colloidal or semi-colloidal graphite; preparations based on graphite or other carbon in form of pastes, blocks, plates or other semi- manufactures

7.5%

2.5%

45.

3808 93 30

Gibberellic acid

10%

5%

46.

3904

Polymers of vinyl chloride or of other halogenated olefins, in primary forms

10%

7.5%

47.

4906

Plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, being originals drawn by hand; hand-written texts; photographic reproductions on sensitised paper and carbon copies of the foregoing

10%

Nil

48.

5201 00 25

Other cotton of staple length exceeding 32.0 mm

5%

Nil

49.

7202 60 00

Ferro-nickel

2.5%

Nil

50.

7402 00 10

Blister copper

5%

Nil

51.

7802

Lead waste and scrap

5%

Nil

52.

7902

Zinc waste and scrap

5%

Nil

53.

8105 20 30

Cobalt powders

5%

Nil

54.

8419 89 12, 8419 89 13, 8419 89 14, 8419 89 15, 8419 89 16, 8419 89 17, 8419 89 19

Reactors, columns or towers or chemical storage tanks

10%

7.5%

NEW TARIFF LINES HAVE BEEN CREATED

S. No.

Chapter/ heading/sub- heading/tariff item mentioned in notification

Commodity

New tariff item being created w.e.f. 01.05.2026

Rate of duty

(1)

(2)

(3)

(4)

(5)

55.

0306 19 00

Krill, frozen

0306 19 10

15%

56.

0802 99 00

Pecan Nuts

0802 99 10

30%

57.

0810 40 00

Cranberries, fresh

0810 40 10

10%

58.

0810 40 00

Blueberries, fresh

0810 40 20

10%

59.

0811 90

Cranberries, frozen

0811 90 11 0811 90 91

10%

60.

0811 90

Blueberries, frozen

0811 90 12 0811 90 92

10%

61.

0813 40 90

Cranberries, dried

0813 40 30

10%

62.

0813 40 90

Blueberries, dried

0813 40 40

10%

63.

1207 99 90

Shea Nuts

1207 99 50

15%

64.

2008 93 00

Cranberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

2008 93 10

5%

65.

2008 99

Blueberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

2008 99 15

10%

66.

2106 90

Other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

2106 90 (other than 2106 90 51)

50%

67.

2202 99

Cranberry products

2202 99 21, 2202 99 31, 2202 99 91

10%

68.

2529 22 00

Acid grade fluorspar containing by weight more than 97% of calcium fluoride

2529 22 10

2.5%

69.

2615 90

Hafnium ores and concentrates

2615 10 10

Nil

70.

2841

Ammonium metavanadate

2841 90 10

2.5%

71.

29

Gibberellic acid

2932 20 40

5%

72.

29

Triethyl orthoformate

2915 90 96

5%

73.

29

Diethyl malonate

2917 19 22

5%

74.

29

DL-2 Aminobutanol

2922 19 30

5%

75.

29

Aceto butyrolactone

2932 20 50

5%

76.

29

Artemisinin

2932 99 30

5%

77.

29

Thymidine

2934 99 50

5%

78.

3302 10

Mixtures of odoriferous substances of a kind used in food or drink industries other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

3302 10 19, 3302 10 99

10%

79.

4104 11 00, 4104 19 00, 4105 10 00, 4106 21 00, 4106 31 00, 4106 91 00

Wet blue leather (hides and skin)

4104 11 10, 4104 19 10, 4105 10 10, 4106 21 10, 4106 31 10, 4106 91 10

Nil

80.

4702

Rayon grade wood pulp

4702 00 10

2.5%

81.

4823 90 90

All goods other than kites

4823 90 90 (kites fall under new tariff item 4823 90 40)

10%

82.

8101 99 90

Tungsten (wolfram) bars and rods, other than those obtained simply by sintering, profiles, plates, sheets, strip and foil

8101 99 20

5%

83.

8415 90 00

All goods other than indoor or outdoor units of split-system air conditioner

8415 90 90

10%

84.

8421 99 00

All goods other than Reverse Osmosis (RO) membrane element for household type filters

8421 99 90

7.5%

85.

8507 90

Battery separators

8507 90 20

5%

86.

8529 10 99, 8529 90 90

Parts suitable for use solely or principally with the apparatus of headings 8525, 8526 or 8527

8529 10 93, 8529 90 30

10%

87.

8609 00 00

Refrigerated containers

8609 00 10

5%

(b) In addition to the above, the First Schedule to the Customs Tariff Act, 1975 has also been amended to create new tariff items which will, inter-alia, help in better product identification; getting actual transaction data of precursor chemicals and help in their effective monitoring; facilitating, tracking exports and deciding policy measures for plant-based extract products. These changes will be effective from 1.05.2026, unless otherwise specified.

 


Full Text:

Union Budget 2026-27 - Finance Bill, 2026

Topics

Acts Income Tax