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    Case LawsIncome Tax
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    Case LawsIncome Tax
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    Discretionary trusts taxed at maximum marginal rate must have surcharge computed under slab and threshold rules, not automatically at top rate.
    For private discretionary trusts taxed at the maximum marginal rate under sections 164/167B, the term denotes the highest basic slab rate under the Finance Act, but surcharge on that tax must be computed according to the Finance Act's slab- and threshold-based surcharge provisions; if the trust's total income does not cross the statutory surcharge threshold, no surcharge is leviable despite basic tax being at the top slab rate.
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    Quicklime classification: impure lime falls under specific tariff heading, not high purity calcium oxide, per HSN purity standard.
    The imported material, chemically tested as impure calcium oxide (about 92.2% CaO with mineral impurities), is classifiable under Heading 2522 10 00 as Quicklime. Chapter Note 1 to Chapter 25 must be read contextually and does not disqualify quicklime from Chapter 25 where the tariff text and HSN Explanatory Notes expressly contemplate calcined quicklime. Heading 2825 is confined to chemically pure calcium oxide (approximately 98% CaO) and its residuary sub-heading cannot displace the specific Heading 2522 unless that purity threshold and absence of impurities are met.
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    Case LawsIncome Tax
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    Prima facie adjustments cannot decide debatable legal claims in return processing; contested deductions require scrutiny procedures.
    When a claimed deduction depends on timely deposit of employee welfare contributions and the legal question is debatable or pending higher adjudication, summary processing adjustments cannot be used to resolve the dispute; such matters require scrutiny or reassessment procedures and the validity of any processing-stage action must be judged by the law and facts existing at the time of processing.
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    Interpretation of section 11(3) concludes that, under the pre-amendment text, accumulated charitable funds could be applied in the year immediately following the five-year accumulation period; the 2022/2023 amendment removing that year was treated as prospective under the presumption against retrospective tax imposition. Separately, corrections by the Centralised Processing Centre under section 143(1) are confined to mechanistic errors and should not resolve debatable substantive questions of statutory interpretation.
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    Condonation of delay in tax exemption claims should favor substantive rights over mere technical filing defects when bona fide.
    Equitable application of the Condonation Power requires authorities to admit late Form No.10B filings when short delays or credible explanations would otherwise strip claimants of substantive exemption rights; procedural defects such as digital-signature technicalities must be tested against documentary e-filing evidence and substantial compliance, while administrative safeguards permit subsequent verification of the audit report.
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    Imported second hand MFDs meeting HSE technical criteria can be exempt from BIS registration and obtain conditional provisional release.
    Where importers produce prima facie evidence that imported second hand MFDs meet the Highly Specialized Equipment (HSE) criteria (limited units per model and physical thresholds such as weight >80 kg), those devices are exempt from compulsory BIS registration under the CRO and fall within the FTP residuary category for second hand capital goods; accordingly, provisional release may be granted on conditions (bond/guarantee and document verification) without prejudice to final adjudication.
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    Royalty characterisation for software determines withholding-non exclusive copies/licenses generally not subject to TDS unless income is chargeable.
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    Revisional jurisdiction cannot overturn a plausible assessment on charitable deductions where donation conditions are met.
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    Provisional release of seized imports permitted subject to proportionate security, favouring bonds over bank guarantees before adjudication.
    Provisional release under Section 110 is permitted subject to proportionate protections: payment of duties as self-assessed; payment of a substantive portion (commonly fifty percent) of any departmental differential; and execution of enforceable bonds for the balance. Bank guarantees or cash security for speculative fines prior to adjudication are often disproportionate and may be replaced by bonds, though deliberate mis-declaration, concealment or prohibited imports justify stricter protective measures.
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    Conditional re-export of detained imports permitted when revenue is secured by enforceable financial guarantees and timelines.
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    Tribunal recall power limited: later judicial overruling alone cannot reopen finalized tax orders under review rules.
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    Concurrent jurisdiction between JAO and faceless authorities affirmed; JAO may initiate reassessment followed by faceless assessment.
    The faceless scheme and RMS produce information that may be surfaced to the JAO, permitting the JAO to conduct the pre-notice inquiry and form satisfaction to issue a notice initiating reassessment; thereafter records may be transmitted for faceless assessment via automated allocation, embodying a two-stage model that preserves both JAO initiation authority and central faceless assessment.

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      Individual, HUF, association of persons, body of individuals, artificial juridical person.

      1 February, 2026

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      Union Budget 2026-27 - Finance Bill, 2026

      Rates for deduction of income-tax at source from “Salaries”, computation of “advance tax” and charging of income-tax in special cases during the FY 2026-27 (Tax Year 2026-27).

      The rates for deduction of income-tax at source from “Salaries” or under section 393(1)[Table: Sl. No. 8(iii)] of the Act during the FY 2026-27 and also for computation of “advance tax” payable during the said year in the case of all categories of assessees have been specified in Part III of the First Schedule to the Bill. These rates are also applicable for charging income-tax during the FY 2026-27 on current incomes in cases where accelerated assessments have to be made, for instance, provisional assessment of shipping profits arising in India to non-residents, assessment of persons leaving India for good during the financial year, assessment of persons who are likely to transfer property to avoid tax, assessment of bodies formed for a short duration, etc. The salient features of the rates specified in the said Part III are indicated in the following paragraphs-

      With effect from tax year 2026-27, the following rates provided under section 202 of the Act shall be the rates applicable for determining the income-tax payable in respect of the total income of a person, being an individual or Hindu undivided family or association of persons [other than a co-operative society], or body of individuals, whether incorporated or not, or an artificial juridical person referred to in section 2(77)(g) of the Act:—

      Sl. No.

      Total income

      Rate of tax

      (1)

      (2)

      (3)

      1.

      Upto ₹ 4,00,000

      Nil

      2.

      From ₹ 4,00,001 to ₹ 8,00,000

      5%

      3.

      From ₹ 8,00,001 to ₹ 12,00,000

      10%

      4.

      From ₹ 12,00,001 to ₹ 16,00,000

      15%

      5.

      From ₹ 16,00,001 to ₹ 20,00,000

      20%

      6.

      From ₹ 20,00,001 to ₹ 24,00,000

      25%

      7.

      Above ₹ 24,00,000

      30%

      2. However, if such person exercises the option under 202(4) of the Act, the rates as provided in Part III of the First Schedule shall be applicable.

      3. Paragraph A of Part III of the First Schedule to the Bill provides following rates of income-tax:—

      ‘The rates of income-tax in the case of every individual (other than those mentioned in (ii) and (iii) below) or HUF or every association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in section 2(77)(g) of the Act (not being a case to which Paragraph B, C, D, and E of Part III applies) are as under:—

      (1)

      Upto ₹ 2,50,000

      Nil

      (2)

      From ₹ 2,50,001 to ₹ 5,00,000

      5%

      (3)

      From ₹ 5,00,001 to ₹ 10,00,000

      20%

      (4)

      Above ₹ 10,00,000

      30%

      (ii) In the case of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the tax year,—

      (1)

      Upto ₹ 3,00,000

      Nil

      (2)

      From ₹ 3,00,001 to Rs.5,00,000

      5%

      (3)

      From ₹ 5,00,001 to Rs.10,00,000

      20%

      (4)

      Above ₹ 10,00,000

      30%

      (iii) in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the tax year,—

      (1)

      Upto ₹ 5,00,000

      Nil

      (2)

      From ₹ 5,00,001 to Rs.10,00,000

      20%

      (3)

      Above ₹ 10,00,000

      30%

      4. The amount of income-tax computed in accordance with the preceding provisions of this Paragraph (including capital gains under section 111A, 112 and 112A), shall be increased by a surcharge at the rate of,—

      (a) having a total income (including the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding fifty lakh rupees but not exceeding one crore rupees, at the rate of 10% of such income-tax;13

      (b) having a total income (including the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding one crore rupees but not exceeding two crore rupees, at the rate of 15% of such income-tax;

      (c) having a total income (excluding the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding two crore rupees but not exceeding five crore rupees, at the rate of 25% of such income-tax;

      (d) having a total income (excluding the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding five crore rupees, at the rate of 37% of such income-tax;

      (e) having a total income (including the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding two crore rupees, but is not covered under clauses (c) and (d), shall be applicable at the rate of 15% of such income-tax.

      4.1 Provided that in case where the total income includes any dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act, the rate of surcharge on the amount of income-tax computed in respect of that part of income shall not exceed 15%.

      4.2 Provided further that in case of an association of persons consisting of only companies as its members, the rate of surcharge on the amount of income-tax shall not exceed 15%.

      4.3 Further, for person whose income is chargeable to tax under section 202 of the Act, the surcharge at the rate 37% on the income or aggregate of income of such person (excluding the dividend income or capital gains under the provisions of sections 196, 197 and 198 of the Act) exceeding five crore rupees shall not be applicable. In such cases, the surcharge shall be restricted to 25%.

      5. Marginal relief is provided in cases of surcharge.

       


      Full Text:

      Union Budget 2026-27 - Finance Bill, 2026

      Topics

      ActsIncome Tax