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    Sunset of share premium taxation exempts excess consideration on private company share issuance from tax from the new assessment year.
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    Presumptive taxation for non-resident cruise operators establishes deemed profit treatment and conditional lease rental exemption for related companies.
    A new presumptive taxation regime for non-resident cruise-ship operators deems a fixed proportion of amounts received or receivable for carriage of passengers as profits from that business, replacing the existing presumptive shipping provisions for cruise-ship activity. Additionally, lease rentals paid by a company opting into this regime to a foreign recipient will be exempt in the hands of that recipient if both are subsidiaries of the same holding company, with defined subsidiary/holding relationships and a time-bound availability.
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    Reassessment notice limits tightened, requiring pre-notice show-cause, specified authority approval and revised limitation periods for reopening cases.
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    Limitation for imposing penalties clarified by removing receipt-by-senior-commissioner reference, simplifying calculation of penalty limitation periods.
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    Time-limit for appeals to ITAT changed to a two-month period measured from month-end after electronic communication of orders.
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    Charitable trust regime consolidation: transition to unified registration framework with phased sunsetting and protected investment modes retained.
    The proposal phases out the approval route under sub clauses (iv), (v), (vi) and (via) of clause (23C) of section 10 by preventing consideration of applications filed on or after 1 October 2024, while allowing pending applications and existing approvals to continue under the first regime; approved entities may later apply for registration under the sections 11-13 framework, with amendments preserving certain eligible investment modes and enabling the transition.
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    Condonation of delay in registration applications allows authorities to treat late charitable registration filings as timely if reasonable cause exists.
    The amendment authorises the Principal Commissioner or Commissioner to condone delay in filing registration applications by trusts and institutions and to treat such applications as filed within time if satisfied there is a reasonable cause for the delay. This power is intended to avert tax liability on accreted income or permanent exit from the exemption regime and takes effect from 1 October 2024.
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    Section 80G approval timelines rationalised to prevent unintended loss of charitable approval and streamline application processing.
    Amendments rationalise filing timelines and the processing procedure for funds and institutions seeking approval under section 80G, addressing cases where entities cannot meet existing deadlines and preventing unintended permanent loss of approval; the change preserves donor deduction eligibility and takes effect from the commencement date specified in the Bill.
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    Registration timelines for charitable trusts moved to a six-month processing period measured from quarter-end for applications.
    Applications by trusts, funds, or institutions seeking registration under section 12AB or approval under section 80G must be processed by the Principal Commissioner or Commissioner within six months from the end of the quarter in which the application is received; this quarter-end computation applies to initial and further or final registration/approval applications and replaces the prior month-end calculation.
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    Merger of trusts may trigger tax on accreted income; proposed conditions aim to exempt qualifying mergers and clarify compliance.
    Proposal: mergers of approved or registered charitable trusts and institutions may attract the tax on accreted income; a new statutory provision will prescribe conditions under which such mergers will not attract the accreted-income regime, specifying qualifying non-attraction safeguards for mergers between entities across the two approval/registration regimes. The amendments are to apply prospectively from the notified commencement date of the finance measures.
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    Registration option for charitable trusts expanded to allow claiming exemption under additional specified section 10 clauses.
    The amendment adds additional section 10 clause references to sub-section (7) of section 11 so that registration under section 12AB becomes inoperative when an entity is approved under those additional clause types; trusts and institutions retain a one-time option to apply to make their section 12AB registration operative, permitting an election between the registration regime and specified section 10 exemption regimes.
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    Capital gains reform: simplified holding periods, unified long-term rate, higher short-term levy, and removal of indexation.
    The Bill simplifies capital gains taxation by creating two holding periods-shorter for listed securities and longer for other assets-raising the specific short-term rate for securities subject to securities transaction tax while unifying long-term gains under a single lower rate with an increased exemption for specified securities; it removes indexation for long-term gains on property, gold and unlisted assets, brings unlisted debentures and bonds to tax at applicable rates, and aligns non-resident and withholding provisions to the new rates, effective from the operative date in the Bill.
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    Specified Mutual Fund definition revised: funds must invest over sixty five percent in debt/money market, effective April 2026.
    The amendment redefines Specified Mutual Fund under section 50AA to mean (a) a mutual fund investing more than sixty five percent of its proceeds in debt and money market instruments, or (b) a fund investing sixty five percent or more of its proceeds in units of such a fund. The change clarifies treatment of ETFs, gold funds and Fund of Funds previously affected by the thirty five percent equity threshold and is proposed to be effective from 1 April 2026 for AY 2026 27 onwards.
    NewsBills
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    TDS rate rationalisation reduces multiple withholding rates to simplified lower bands, retaining specific exceptions for certain payments.
    Rationalisation of TDS rates streamlines withholding provisions by lowering multiple prior rates for specified non-salary payments, proposing omission of the provision on mutual fund unit repurchases, and preserving existing withholding regimes for salaries, virtual digital assets, lotteries, immovable property transfers, non-resident payments and contractor payments; implementation is phased on different effective dates to promote administrative simplification and improved taxpayer compliance without changing substantive chargeability.
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    TDS on insurance commission reduced for non-corporate payees, affecting deduction at credit or payment from the effective date.
    The Finance Bill amends withholding tax treatment for remuneration or reward for soliciting or procuring insurance business by reducing the TDS rate applicable to resident non-corporate payees; payers must continue to deduct tax at source when such income is credited or paid under existing triggering rules and modes, with the reduced rate taking effect from the prescribed effective date stated in the amendment.
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    TDS on life insurance payouts reduced by amendment, lowering withholding obligation on qualifying policy payments for residents.
    Section 194DA requires persons paying sums under life insurance policies to deduct tax at source on the income component of such payments, excluding amounts exempt under clause (10D) of section 10. The Finance (No.2) Bill, 2024 proposes a reduction in the withholding rate under Section 194DA, with the amendment to take effect from the first day of October under Clause 54, thereby lowering the deductor's TDS obligation on qualifying life insurance payouts to residents.
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    TDS on lottery commissions reduced under section 194G, easing withholding obligations for payers from October onward.
    Payers of commission, remuneration or prizes on sale or distribution of lottery tickets must deduct tax at source at the statutory withholding rate at the time of credit or payment, whichever is earlier. The Finance Bill amendment (Clause 56) lowers that withholding rate, with the reduction effective from the commencement date specified in the Bill.
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    TDS on commission and brokerage reduced, altering withholding obligations and the timing of deduction for non individual payors.
    Section 194H imposes TDS on persons other than individuals and HUFs for commission or brokerage (excluding insurance commission), requiring deduction at the time of credit or payment. The Finance Bill proposes a reduction in the TDS rate under section 194H, with the amendment to take effect from the stated commencement date, thereby modifying deductor withholding obligations for subsequent payments.

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      AMENDMENT TO THE CUSTOMS ACT, 1962

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      EXPLANATORY MEMORANDUM TO THE FINANCE BILL, 2026

      CUSTOMS

      Note:

      (a) “Basic Customs Duty (BCD)” means the customs duty levied under the Customs Act, 1962.

      (b) “Agriculture Infrastructure and Development Cess (AIDC)” means a duty of customs that is levied under Section 124 of the Finance Act, 2021.

      (c) “Social Welfare Surcharge (SWS)” means a duty of customs that is levied under Section 110 of the Finance Act, 2018.

      (d) Clause Nos. in square brackets [ ] indicate the relevant clause of the Finance Bill, 2026.

      (e) Amendments carried out through the Finance Bill, 2026, will come into effect on the date of its enactment, unless otherwise specified.

      I. AMENDMENT TO THE CUSTOMS ACT, 1962

      Sl No

      Amendment

      Clause of Finance Bill,2026

       

      These changes will come into effect from the date of assent of the Finance Bill, 2026

      1.

      Sub-section (2) of section 1 of the Customs Act, 1962 is being amended to extend the jurisdiction of the said Act beyond the territorial waters of India, for the purpose of fishing and fishing related activities.

      [129]

      2.

      In section 2, a new clause is being inserted to define the expression ‘Indian-flagged fishing vessel’.

      [130]

      3.

      Sub-section (6) of section 28 is being amended so as to provide that the penalty paid under sub-section (5) of section 28, on determination under sub-section (6) thereof, shall be deemed to be a charge for non-payment of duty.

      [131]

      4.

      Sub-section (2) of section 28J is being amended so as to provide that advance ruling under sub-section (1) of that section shall remain valid for a period of five years or till there is a change in law or facts on the basis of which the advance ruling has been pronounced, whichever is earlier.

      The proviso to the said sub-section is also being substituted so as to provide that in respect of any advance ruling in force on the date on which the Finance Bill, 2026 receives the assent of the President, the Authority shall, upon a request by the applicant, extend the validity of the ruling for five years from the date of the ruling.

      [132]

      5.

      A new section 56A is being inserted to provide special provisions for fishing and fishing related activities by an Indian-flagged fishing vessel beyond territorial waters of India. It also provides that fish harvested beyond the territorial waters of India may be brought into India free of duty and to treat fish that has landed at foreign port as export of goods in such manner as may be provided by rules. It also provides to make regulations to provide for the form and manner of making an entry in respect of fish harvested by an Indian-flagged fishing vessel including its declaration, custody, examination, assessment of duty, clearance, transit or transhipment.

      [133]

      6.

      In the Customs Act, for section 67, the following section shall be substituted, namely: -

      “67. The owner of any warehoused goods may remove them from one warehouse to another, subject to such conditions as may be prescribed.”. The proposed section seeks to do away with the requirement of prior permission of the proper officer under the said section for removal of warehoused goods from one custom bonded warehouse to another.

      [134]

      7.

      In section 84 of the Customs Act, in clause (b), for the words “the examination”, the words “the custody, examination” shall be substituted. The amendment seeks to enable the Board to make provisions for the custody of goods imported or to be exported under the regulations framed under this section.

      [135]


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      Union Budget 2026-27 - Finance Bill, 2026

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      ActsIncome Tax