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    Evolution of Executive Scheme-Making Powers in Indian Income Tax Law : Clause 532 of the Income Tax ...
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    Power to frame schemes expands executive authority to enable faceless, technology-driven tax administration and modify statutory application.
    Clause 532 grants the Central Government authority to make schemes for any purpose of the Act to enhance efficiency, transparency and accountability by eliminating taxpayer interface and optimising resources, and to issue notifications modifying the application of any provision of the Act to give effect to such schemes; it also permits amendment of schemes under the Income-tax Act, 1961 and requires that notifications be laid before each House of Parliament.
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    Withdrawal of approvals: authorities may rescind statutory tax approvals after recording reasons and giving a fair hearing.
    Clause 529 authorises the Central Government, the Board, or income-tax authorities to withdraw any approval under the Act at any time after recording reasons and giving the assessee a reasonable opportunity of being heard, even if the enabling provision lacks an express withdrawal clause. The provision mandates recorded reasons and a hearing but leaves "approval" undefined, does not specify substantive grounds for withdrawal, and does not prescribe a limitation period, which may raise uncertainty and prompt judicial scrutiny of procedural adequacy.
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    Condonation of delay: authority may excuse late tax approvals for sufficient cause, subject to discretionary review and safeguards.
    Clause 528 permits the Central Government or the Board to condone delays in obtaining approvals required before a specified date under the Act for "sufficient cause," vesting discretionary power in the same authority to excuse late applications across a broad range of approvals while leaving "sufficient cause," procedural steps, time limits and appeal mechanisms undefined.
    Act RulesBills
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    Executive discretion in tax exemptions for mineral oil sector enables tailored fiscal relief to investors and service providers.
    Clause 527 vests the Central Government with discretionary power to grant exemptions, reductions or other modifications in income tax for persons engaged in prospecting, extraction or production of mineral oils, including operators, service providers, suppliers and their employees; notifications must be laid before Parliament and key terms like "mineral oil" and "status" are defined or cross referenced in the Bill.
    Act RulesBills
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    Bar on civil suits prevents civil court challenges to tax proceedings, preserving exclusive statutory remedies and good faith immunity.
    The provision bars any civil suit to set aside or modify "any proceeding taken or order made" under the Act and grants immunity to the Government and its officers for acts done or intended to be done in good faith, channeling challenges to the statutory appellate and revisionary framework while preserving writ review for ultra vires, mala fide, or constitutional breaches.
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    Authorisation for multi-person searches: single authorisations allowed, but assessments must be made separately for each person.
    Clause 525 permits a single search or requisition authorisation to name multiple persons without requiring separate instruments, and provides that such joint naming does not, by itself, constitute authorisation against an AOP or BOI. Notwithstanding a consolidated authorisation, assessment or reassessment must be made separately in the name of each person mentioned, preserving individualized tax liability determinations while allowing administrative consolidation of search procedures.
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    Rebuttable presumption in tax searches shifts evidentiary burden to taxpayers and explicitly covers virtual digital assets.
    Clause 524 establishes a rebuttable presumption that items found in search or survey-books, documents, money, bullion, jewellery, other valuables and virtual digital assets-belong to the person in whose possession they were found; that contents of books and documents are true; that signatures and handwriting are authentic; and that stamped, executed or attested documents were duly executed, with identical presumptions applying to items requisitioned to officers as if discovered in a search.
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    Deeming validity of notice: participation or cooperation bars later objections unless raised before assessment completion.
    Clause 523 creates a deeming fiction that an assessee's appearance in proceedings or co-operation in an inquiry shall be treated as valid and timely service of any statutory notice, and it precludes the assessee from later objecting that the notice was not served, not timely served, or served improperly; however, this preclusion does not apply where the assessee raises the objection before completion of the assessment or reassessment.
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    Substantial compliance preserves tax proceedings despite minor procedural errors when the instrument fulfils legislative intent.
    Clause 522 preserves the validity of returns, assessments, notices, summonses and other proceedings despite clerical, typographical or similar procedural defects, provided the document or action is in substance and effect in conformity with the intent and purposes of the Act; it does not cure defects that go to jurisdiction, authority, limitation, or breaches of natural justice, and mirrors Section 292B to maintain continuity of judicial interpretation and application.
    Act RulesBills
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    Exclusion of probationary relief bars adult tax offenders from probationary provisions, preserving minors' exception and updating criminal code reference.
    The clause mandates that the Probation of Offenders Act and the analogous provision in the new criminal procedure code shall not apply to persons convicted under the Income Tax Bill, 2025, except for those under eighteen, thereby removing judicial discretion for adult tax offenders, updating statutory references, and preserving a minors' exception while raising procedural questions on age determination and scope.
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    Jurisdictional threshold: income tax offences must be tried by a Judicial Magistrate of the first class, altering forum nomenclature.
    Clause 520 mandates that no court inferior to a Judicial Magistrate of the first class shall try any offence under the Income Tax Bill, 2025, creating a uniform jurisdictional threshold for all tax offences. The provision modernizes terminology compared with Section 292 of the 1961 Act by omitting presidency magistrates, aligning with the CrPC framework and metropolitan magistrates' equivalence, while leaving potential ambiguities about special statute courts and transitional application. Its practical effect is to require complaints be filed before competent magistrates and to enable jurisdictional challenges where proceedings are instituted in inferior forums.
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    Immunity from prosecution: conditional grants require full and true disclosure and are revocable if falsehood or concealment is found.
    Immunity from prosecution allows the Central Government to grant discretionary, conditional immunity to persons concerned in concealment of income or tax evasion in exchange for a full and true disclosure, with written reasons required for the grant; acceptance limits prosecution and penalty to the scope specified, while failure to fully comply permits the government to record a finding and withdraw immunity, rendering the person liable to trial and penalty as if immunity had never been granted.
    Act RulesBills
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    Indemnity for withholding agents protects deductors from civil claims when acting lawfully under the tax statute.
    Clause 518 of the Income Tax Bill, 2025 provides a statutory indemnity for persons who deduct, retain, or pay tax in pursuance of the tax statute in respect of income belonging to another person, serving as a defence against civil claims by the income recipient where the agent acts lawfully; the protection is conditional on actions being within the scope of the statute and leaves unresolved issues about consequential losses, claim procedures, and interaction with other legal remedies.
    Act RulesBills
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    Receipt obligation: mandatory issuance of receipts for any tax money paid or recovered, securing payment evidence and taxpayer protection.
    The provision mandates that a receipt shall be given for any money paid or recovered under the Income Tax Bill, 2025, covering voluntary payments and enforced recoveries under the Act. The clause is mandatory but silent on form, content, timing, issuing authority, mode of delivery, and consequences for non-issuance; subordinated rules and administrative practice-including electronic acknowledgments-are expected to fill these operational gaps. The receipt serves as an acknowledgement and evidentiary record rather than an automatic discharge of liability.
    Act RulesBills
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    Rounding off rules: ignore paise then round to nearest ten rupees, making the rounded figure legally operative.
    The provision applies rounding to computed total income and to amounts payable or refundable by first ignoring paise and then rounding the rupee amount to the nearest multiple of ten rupees-rounding up where the units digit is five or more and rounding down where it is less than five-and declares the rounded amount to be the deemed operative total income or amount payable or refundable for all purposes under the Act.
    Act RulesBills
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    Rounding of tax amounts: unified rule mandates nearest multiple rounding for total income, payable and refundable amounts.
    Clause 516 prescribes a mandatory two-step rounding mechanism: ignore any paise, then round the rupee amount to the nearest multiple of ten-rounding up if the last digit is five or more and down if less than five-and deems the rounded figure to be the amount of total income, amount payable, or amount refundable for all purposes under the Act.
    Act RulesBills
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    Right of representation: statutory authorisation and disqualification framework balancing access to representation with safeguards.
    The statute permits an assessee to appear by an authorised representative across all proceedings while preserving mandatory personal attendance for oath examination; it defines eligible representatives (including professionals, bank officers, relatives, legacy practitioners and any persons as prescribed), enumerates exhaustive exclusions and disqualifications to prevent conflicts of interest, distinguishes disciplinary regimes for professionals and nonprofessionals (with Rule 52 designating prescribed tax authorities to disqualify nonprofessionals), and mandates procedural safeguards including a hearing and appeal mechanism, while carrying forward prior disqualifications.
    Act RulesBills
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    Registered valuer representation enables technical valuation expertise in tax proceedings, subject to personal-examination exception and updated registration framework.
    Clause 513 grants an assessee the discretionary right to attend valuation-related proceedings before income-tax authorities or the Appellate Tribunal through a "registered valuer," excludes cases where personal attendance is required for examination on oath or affirmation, and defines "registered valuer" by reference to section 514 of the Bill, thereby creating a self-contained regime that modernizes registration, oversight, and professional standards for valuers.
    Act RulesBills
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    Public disclosure of tax offenders can deter non-compliance while imposing reputational consequences under discretionary publication powers.
    Clause 512 empowers the Central Government to publish names and particulars of assessees when it considers such publication necessary or expedient in the public interest, subject to a safeguard that penalty-related publication await exhaustion or non-pursuit of appellate remedies, and permits publication of partners, directors and other associated persons if circumstances justify it. The clause modernises language and cross-references from Section 287 of the 1961 Act while preserving substantive continuity, raising interpretive concerns about the breadth of "particulars" and the subjectivity of "public interest."
    Act RulesBills
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    Country-by-Country reporting requires multinational groups to submit consolidated jurisdictional tax and economic data for risk assessment.
    Clause 511 mandates Country-by-Country (CbC) reporting by parent entities or alternate reporting entities resident in India and requires Indian constituent entities to notify the tax authority of the parent or ARE. It prescribes report contents-aggregate jurisdictional financial and economic indicators, constituent identification, and business activities-provides a secondary filing route where the parent's jurisdiction lacks filing or exchange, allows designation of a single Indian filer, sets a revenue threshold for applicability, and grants verification powers to the authority, with procedural details to be prescribed.

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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

      ActsIncome Tax