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    Taxation of Oral Trusts in India : Clause 308 of the Income Tax Bill, 2025 Vs. Section 164A of the I...
    Taxation of Indeterminate Beneficiary Trusts : Clause 307 of the Income Tax Bill, 2025 Vs. Section 1...
    Agents of Non-Residents under Indian Tax Law : Clause 306 of the Income Tax Bill, 2025 Vs. Section 1...
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    Redefining Search Assessments : Clause 301 of Income Tax Bill, 2025 Vs. Section 158B of Income-tax A...
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    Act RulesBills
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    Taxation of oral trusts: income charged at the maximum marginal rate regardless of other provisions, deterring informal trusts.
    Income from oral trusts is taxed at the maximum marginal rate under both Section 164A and Clause 308, with a non-obstante clause to override other provisions; Clause 308 modernises the framework by referring to the person appointed under an oral trust and centralising the definition, thereby broadening potential liability and simplifying enforcement while raising disclosure and evidentiary burdens on assessees.
    Act RulesBills
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    Taxation of indeterminate-beneficiary trusts: highest marginal rate applies unless narrow bona fide exceptions permit AOP rate.
    Clause 307 taxes income of representative assessees at the maximum marginal rate where beneficiaries or their shares are not expressly identifiable in the trust instrument or court order, with deeming provisions treating ambiguity as indeterminacy. Exceptions permit taxation at the AOP rate for beneficiaries below exemption limits and not under other trusts, sole will-declared trusts, bona fide pre-1970 family trusts for dependents, and bona fide employee benefit funds. Business profits are generally taxed at the maximum rate, except for sole testamentary trusts for dependent relatives which may get AOP treatment.
    Act RulesBills
    Show AI Summary
    Agent of non resident: expanded definition enables tax assessment and recovery from connected persons and intermediaries.
    The clause defines who may be regarded as an agent of a non resident for tax purposes, listing persons employed by or acting for the non resident, those having any business connection with the non resident, persons from or through whom the non resident receives income, trustees, and any person acquiring a capital asset in India by transfer; it excludes certain brokers and requires an opportunity of being heard before treating any person as an agent.
    Act RulesBills
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    Representative assessee rights to recover or retain tax protect intermediaries and permit certified withholding pending final liability.
    Clause 305 grants a representative assessee a statutory right to recover from the principal any sum paid under the Act or to retain an equivalent amount from monies in his possession; allows withholding of an estimated liability prior to assessment; authorizes obtaining an Assessing Officer's certificate to fix the amount eligible for retention pending settlement; and limits recoverable liability to the certificate amount except insofar as the representative then holds additional assets of the principal.
    Act RulesBills
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    Representative assessee liability clarified: apportionment formula and direct beneficiary assessment enhance tax recovery powers.
    Representative assessees are treated as if represented income were received beneficially by them, making them liable to assessment and recovery in their name in a representative capacity; a bar on double assessment applies. The Assessing Officer may directly assess or recover tax from the beneficiary, and may use the same remedies against property under the representative's control as against property of any taxpayer. For partly chargeable trust income the Clause prescribes a formula to apportion each beneficiary's taxable share, while omitting the prior maximum marginal rate rule for trustees' business income.
    Act RulesBills
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    Representative assessee provisions modernized: agents, guardians and trustees held liable for tax compliance and assessment.
    Clause 303 designates specified persons as representative assessees-agents of non-residents, guardians/managers for minors and persons of unsound mind, court-appointed managers and trustees of written and oral trusts-and deems each representative to be an assessee for all purposes, including filing returns, payment of tax, and submission to assessment and appeal proceedings; it also provides a deeming mechanism allowing informal trusts to be treated as written trusts when a written statement is submitted to the Assessing Officer within prescribed timelines.
    Act RulesBills
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    Continuity of tax liability: legal representatives remain liable for deceased's tax obligations, limited to the estate, with exceptions.
    Clause 302 establishes that the legal representative is liable for any sum the deceased would have owed, is deemed to be an assessee, and that pending or potential assessments may be continued or initiated against the legal representative; liability is ordinarily limited to the estate's capacity but personal liability arises where the representative alienates or charges estate assets while liabilities remain, capped at the value of the asset so alienated.
    Act RulesBills
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    Saving clause preserves general tax provisions in search assessments unless the special chapter expressly overrides them.
    Clause 300 and Section 158BH operate as a saving clause preserving applicability of all general provisions of the Act to assessments under the special search chapter, except where the special chapter expressly provides otherwise; this ensures procedural, substantive and remedial provisions (notice, appeals, penalties, recovery, limitation rules) continue to apply unless specifically overridden, while raising interpretive issues about the extent of overriding effect, classification of provisions as procedural or substantive, and transitional application under the new Bill.
    Act RulesBills
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    Authority for block assessments: senior officer decision plus prior supervisory approval required to validate search based assessments.
    Orders assessing undisclosed income in search cases must be passed by an Assessing Officer at or above specified senior ranks and only with the previous approval of a higher authority; Clause 299 of the Income Tax Bill, 2025 carries forward this core framework from Section 158BG while aligning applicability to the commencement of the new Act. The requirement that approvals reflect a genuine application of mind, clear documentation of the approval process, and management of transitional cases are central operative obligations.
    Act RulesBills
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    Interest and penalty in search assessments: revised rules mandate monthly interest and a fixed half tax penalty with a compliance safe harbor.
    Clause 298 retains the Section 158BFA framework by charging simple interest on tax determined on undisclosed income for delay or non-filing after a search notice and imposing a fixed penalty equal to fifty percent of tax on undisclosed income, while providing a safe harbor where return is filed, tax paid with evidence and no appeal is filed; procedural safeguards include a right to be heard, supervisory approval for larger penalties, exclusion of rehearing and court stay periods from limitation, and mandatory communication of penalty orders to the Assessing Officer.
    Act RulesBills
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    Relief from interest and penalty: block-period undisclosed income in search assessments taxed without additional interest or penalty.
    Clause 297 exempts assessees from interest and penalty for undisclosed income assessed or reassessed for the block period in search and seizure proceedings, limiting relief to block-period income and applying to both initial block assessments and reassessments while leaving regular assessments and other penalties unaffected.
    Act RulesBills
    Show AI Summary
    Time limitation for block assessments ensures fixed completion period with specified exclusions and reference extensions.
    Clause 296 mandates that block assessment orders be completed within twelve months from the end of the month in which the last search or requisition authorisation was executed, extends that period by twelve months where a statutory reference is made, excludes up to 180 days for transfer of seized material to the jurisdictional Assessing Officer, provides a minimum residual period of sixty days after exclusions, and suspends the limitation clock for a specified list of circumstances such as court stays, international information exchange (capped), audits and valuation references, and advance ruling proceedings.
    Act RulesBills
    Show AI Summary
    Assessment of third-party undisclosed income enables transfer of seized material to jurisdictional AO for special assessment procedure.
    Clause 295 mandates that where an AO is satisfied undisclosed income discovered in a search pertains to a person other than the one searched, all seized assets, documents and information must be handed over to the AO having jurisdiction over that third person, who will assess the third party under the Bill's special assessment procedure, with the relevant chapter's provisions applying mutatis mutandis, and explicitly includes virtual digital assets and electronic records within scope.
    Act RulesBills
    Show AI Summary
    Block assessment procedure tightens timelines and mandates electronic filing, broadening assessment to total income including undisclosed income
    The clause establishes a restructured block assessment procedure triggered by search or requisition, requiring the Assessing Officer to issue a notice for a return in a prescribed form and manner with mandatory electronic filing for specified categories. Returns must be filed within a capped period, revised returns are barred, and furnished returns carry deeming consequences; prior supervisory approval is required before issuing the notice. The AO must determine tax on the basis of the block period, applying renumbered computation, penalty and procedural provisions "so far as may be," and may verify tax credits claimed against assessed undisclosed income.
    Act RulesBills
    Show AI Summary
    Block period income computation clarifies aggregation, exclusions and evidentiary basis for assessing undisclosed income in search cases.
    Clause 293 prescribes a structured, evidence based aggregation of block period income, listing components such as voluntary disclosures, income previously assessed, income declared in response to notices, income determined from books and documents, and any additional undisclosed income identified by the Assessing Officer on available evidence. It excludes international and specified domestic transactions from block assessment, applies special rules for firms, disallows set off of prior losses and unabsorbed depreciation against undisclosed income, and permits carry forward of such losses for subsequent years.
    Act RulesBills
    Show AI Summary
    Search assessment regime establishes exclusive procedure for block-period income, abatement and revival rules, and separate regular-income treatment.
    Clause 292 creates an exclusive special procedure for block-period assessments triggered by search or requisition, mandating automatic abatement of all pending assessments and related references or orders for relevant tax years, requiring completion of earlier search assessments before subsequent ones (with minimum extensions where needed), prescribing separate treatment of regular income for the year of the last search, providing revival of abated proceedings if the special assessment is annulled, and standardising taxation of block-period income by cross-reference to the Bill's charging provision.
    Act RulesBills
    Show AI Summary
    Block period definition modernisation clarifies timeframe and triggers for assessing undisclosed income in search and requisition cases.
    Clause 301 provides an interpretative framework for special search assessments by defining the block period as a multi year look back plus the portion of the year of search or requisition, modernising terminology to "tax year", clarifying that the conclusion of search (as per the last panchnama) determines execution irrespective of seizure, defining requisitioned and seized items, and expressly including virtual digital assets and incorrect claims of deductions within the definition of undisclosed income.
    Act RulesBills
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    Identical question of law deferral: appeals stayed pending final decision in lead cases, subject to collegium and taxpayer acceptance.
    Clause 376 provides for deferral of revenue appeals where an identical question of law is pending before a High Court or the Supreme Court. A collegium of senior Commissioners may direct non-filing of appeals where the precedent case favours the assessee; the Principal Commissioner/Commissioner must instruct the Assessing Officer to file a prescribed-form application within set timelines. Deferral requires the assessee's acceptance of identity; absent such acceptance ordinary appellate procedures apply. If the final decision in the lead case is adverse to the revenue, appeals may be filed within specified periods.
    Act RulesBills
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    Avoidance of repetitive appeals: a declaration procedure lets an assessee defer identical legal issues pending higher court decisions.
    Clause 375 permits an assessee to file a prescribed declaration to defer litigation where an identical question of law is pending in another case before a higher forum; the authority must verify the claim with a report from the Assessing Officer and an opportunity to be heard, and may admit or reject the claim by reasoned written order which is final. If admitted, the case may be disposed of without awaiting the other case's decision, the assessee is barred from raising the issue in further appeals for that case, and the final decision in the other case must be applied, with amendment of earlier orders if necessary.
    Act RulesBills
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    Power to frame schemes enables broad faceless, technology driven tax administration with authority to modify statutory application.
    Clause 532 grants the Central Government power to notify schemes for any purposes of the Income Tax Act to enhance efficiency, transparency and accountability by eliminating taxpayer interface where technologically feasible and optimising resource use; it further authorises notifications to modify application of Act provisions for scheme implementation, allows amendment of existing schemes under the prior law, and requires that such notifications be laid before Parliament.

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      PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
      Summary
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      PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES AND CLARIFICATORY AMENDMENTS IN RESPECTIVE NOTIFICATIONS

      S. No

      Heading, sub-heading tariff item

      Commodity

      From

      To

       

       

      Defence 

       

       

      1

      Any Chapter 

      Specified Defence equipment and their parts imported by the Ministry of Defence or the Armed Forces

      Applicable rate

      Nil

       

       

      Medical Devices

       

       

      2

      Any Chapter

      Raw material, parts or accessories  for use manufacture of artificial kidneys, disposable sterilized dialyzer and micro-barrier of artificial kidney

      Applicable rate

      Nil

       

       

      Food processing

       

       

      3

      0801 32 10

      Cashew kernel broken 

      ₹ 60/ Kg or45%, whichever is higher

      70%

      4

      0801 32 20,

      0801 32 90

      Cashew kernel whole, Cashew nuts shelled, others 

      ₹ 75/ Kg or 45%, whichever is higher

      70%

       

       

      Nuclear Fuels and Nuclear Energy projects

       

       

      5

      2612 10 00

      All forms of Uranium ores and Concentrates for generation of nuclear power (Uranium concentrate U3O8 already exempt)

      2.5%

      Nil

      6

      2844 20 00

      All goods for use in generation of Nuclear power (Certain goods such as sintered natural uranium dioxide already exempt)

      7.5%

      Nil

      7

      9801

      All goods required for setting up of the following power projects under project imports: -

      a)Mahi Banswara Atomic Power project- 1 to 4, Mahi Banswara site Rajasthan

      b)Kaiga Atomic Power project – 5 & 6, Kaiga site, Karnataka

      c)Gorakhpur Atomic Power project- 3 & 4, GHAVP, Haryana

      d)Chutka Atomic Power project- 1 & 2, Chutka site, Madhya Pradesh

      Applicable rate

      Nil

       

       

      Oils and associated chemicals 

       

       

      8

      Chapter 15, 

      2915 70,

      3823 11 00,

      3823 12 00, 3823 13 00,

      3823 19 00

      Palm stearin and other oils, having 20% or more free fatty acid, Palm Fatty Acid Distillate and other industrial monocarboxylic fatty acids, acid oils from refining, for use in manufacture of soap and oleochemicals.

      Nil

      7.5%

       

       

      Petroleum and Petrochemicals

       

       

      9

      2709 00 00

      Petroleum Crude

      Nil

      Re. 1 per tonne

      10

      2710

      Naphtha

      5%

      4 %

      11

      2903 15 00

      Ethylene dichloride (EDC)

      2%

      Nil

      12

      2910 20 00

      Methyloxirane (Propylene Oxide)

      7.5%

      5%

      13

       

      Plastic and Rubber 

       

       

      14

      3904

      Poly Vinyl Chloride

      7.5%

      10%

      15

      3926 90 91,

      3926 90 99 

      Articles of plastics 

      10%

      15%

      16

      4002 31 00

       All goods i.e. Butyl Rubber

      5%

      10%

      17

      4002 39 00

       Chlorobutyl rubber or bromobutyl rubber

      5%

      10%

       

       

      Paper and Paper products

       

       

      18

       48

      a. Newsprint 

      Nil

      10%

       

       

      b.Uncoated paper used for printing of newspapers

       

       

       

       

      c.Lightweight coated paper used for printing of magazines

       

       

      19

      4901 10 10,

      4901 91 00,

      4901 99 00

      Printed books (including covers for printed books) and printed manuals, in bound form or in loose-leaf form with binder, executed on paper or any other material including transparencies.

      Nil

      5%

       

       

      Textiles

       

       

      20

      5101

      Wool Fibre

      5%

      2.5%

      21

      5105

      Wool Tops

      5%

      2.5%

       

       

      Flooring materials

       

       

      22

      2515 12 20,

      6802 10 00,

      6802 21 10,

      6802 21 20,

      6802 21 90,

      6802 91 00,

      6802 92 00

      Marble Slabs

      20%

      40%

       

       

      Inputs for Optical Fibres

       

       

      23

      28 or 70

      Raw materials used in manufacture of Preform of Silica:-

      (i)Refrigerated Helium Liquid (2804 29 10)

      (ii)Silicon Tetra Chloride and Germanium Tetra Chloride (2812 19 20, 2812)

      (iii)Silica Rods (7002 20 90)

      (iv)Silica Tube (7002 31 00)

      Applicable Rate

       

      Nil  

      24

      5603 94 00

      Water blocking tapes for manufacture of optical fiber cable

      Nil

      20%

       

       

      Precious Metals

       

       

      25

      7106

      Silver dore bar, having silver content not exceeding 95%

      8.5%

      11%

      26

      7108

      Gold dore bar, having gold content not exceeding 95%

      9.35%

      11.85%

      27

      71 or 98

      (a) Gold (excluding ornaments studded with stones or pearls) imported by an eligible passenger as baggage

      (b)Silver (excluding ornaments studded with stones or pearls)  imported by an eligible passenger as baggage

      10%

      12.5%

       

       

      Iron and Steel, Other base metals

       

       

      28

      7218

      Stainless steel in ingots or other primary forms; semi-finished products of stainless less

      5%

      7.5%

      29

      7224

      Other alloy steel in ingots or other primary forms; semi-finished products of other alloy steel

      5%

      7.5%

      30

       

      7225, 

      7225 19 90

      Inputs for the  manufacture of CRGO steel:-

      a) MgO coated cold rolled steel coils

      b)Hot rolled coils

      c)Cold-rolled MgO coated and annealed steel

      d)Hot rolled annealed and pickled coils

      e)Cold rolled full hard

      5%

      2.5%

      31

      7226 99 30

      Amorphous alloy ribbon

      10%

      5%

      32

      7229

      Wire of other alloy steel (other than INVAR)

      5%

      7.5%

      33

      8105 20 10

      Cobalt mattes and other intermediate products of cobalt metallurgy

      5%

      2.5%

       

       

      Capital goods

       

       

      34

      8474 20 10

      Stone crushing (cone type) plants for the construction of roads

      Nil

      7.5%

      35

      82, 84, 85 or 90

      Capital goods used for manufacturing of following electronic items, namely-

      (i)Populated PCBA

      (ii)Camera module of cellular mobile phones

      (iii)Charger/Adapter of cellular mobile phone

      (iv)Lithium Ion Cell

      (v)Display Module

      (vi)Set Top Box

      (vii)Compact Camera Module 

      Applicable rate

      Nil

      36

      84, 85 or 90

      Capital goods used for manufacturing of specified electronic items, namely-

      (i)Cathode Ray tubes;

      (ii)CD/CD-R/DVD/DVD-R;

      (iii)Deflection components, CRT monitors/CTVs;

      (iv)Plasma Display Panel

      Nil 

      Applicable 

       

       

      Electronics

       

       

      37

      8504 40

      Charger/Power adapter for CCTV camera/IP camera/DVR/NVR

      Nil

      15%

      38

      85

      Specified electronic items like plugs, sockets, switches, connectors,  relays.

      Nil

      Applicable rate

       

       

      Automobile and automobile parts 

       

       

      39

      8421 39 20,

      8421 39 90

      Catalytic convertor (All goods under these tariff items other than catalytic converters will continue at 7.5%)

      5%

      10%

      40

      8702, 8704

      Completely Built Unit (CBU) of vehicles falling under heading 8702, 8704

      25%

      30%

      41

      Any Chapter 

      (i)E-Drive assembly, 

      (ii)On board charger, 

      (iii)E-compressor and

      (iv)Charging Gun

      Following parts of electric vehicles: -

      Applicable rate

      Nil

      42

      87

      Prescribing actual user condition in respect of existing exemption from BCD to parts of Hybrid vehicles

      -

      -

       

       

      Oil rigs and other goods used for oil exploration

       

       

      43

      84 or any other chapter 

      Providing option to pay BCD at transaction value on the disposal of goods, imported without payment of customs duty for petroleum operations / coal bed Methane operations where such disposal is made in unserviceable and mutilated condition

      Applicable rate on depreciated value 

      7.5% on transaction value

       

       

      Export Promotion for Sports goods

       

       

      44

      39 , 4407 

      Foam/EVA foam (39) and Pine Wood (4407) are being included in the list of items allowed duty free import upto 3% of FOB value of sports goods exported in the preceding financial year subject to specified conditions

      Applicable rate

      Nil

       

      Clarifications and Miscellaneous changes regarding Basic Customs Duty

       

       

      Fisheries

       

       

      45

      2309

      Clarification is being issue that prawn feed and shrimp larvae feed, other than in pellet form will also attract 5% customs duty applicable on other fish feed in pellet form.  

       

       

       

       

      Topics

      ActsIncome Tax