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Continuity of tax liability on business succession: successor taxed post succession and may bear predecessor's unrecoverable dues.
Clause 313 mandates that the predecessor is assessed for income up to the succession date and the successor for income thereafter in the same tax year; pending proceedings against the predecessor are deemed on the successor; if the predecessor cannot be found or dues are irrecoverable, assessment and recovery may be effected on the successor, who may then recover amounts from the predecessor. The clause explicitly includes gains from transfer in "income" and defines "pendency" for insolvency and tribunal contexts, aligning tax continuity with insolvency processes.
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Executor's right of recovery: statutory mechanism to reclaim taxes paid from the estate, subject to procedural adaptations.
Clause 312(7) makes Section 305 applicable to executors "so far as may be" in respect of tax paid or payable by them, treating executors as representative assessees and thereby enabling statutory recovery of taxes from the estate or beneficiaries while permitting necessary adaptations of procedures and raising questions on priority and apportionment in insolvent or contested estates.
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Taxation of deceased estates: executor liable for estate income until complete distribution, with legatee inclusion on distributed income.
Clause 312 taxes income of a deceased person's estate in the hands of the executor or administrator, with a single executor assessed as an individual and multiple executors as an association of persons; the executor is deemed to have the deceased's residential status for the tax year of death, assessments of estate income are separate from the executor's personal returns, separate assessments apply for each tax year or part thereof until complete distribution, and income distributed to specific legatees is excluded from the estate's income and included in the legatees' income.
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Joint and several liability of LLP partners applies where tax dues cannot be recovered from the LLP, subject to exculpation.
Clause 331 makes every person who was a partner of an LLP during the relevant tax year jointly and severally liable for any tax, penalty, interest, fees or other sums payable under the Income tax law that cannot be recovered from the LLP or relevant persons, expressly overriding LLP Act protections. Liability is triggered only after non recovery from the LLP and is rebuttable: a partner can escape liability by proving that the non recovery was not due to his gross neglect, misfeasance, or breach of duty.
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Taxation of AOPs/BOIs with unknown member shares: maximum marginal rate applied to deter tax avoidance.
Clause 311 mandates taxation of an AOP/BOI's total income at the maximum marginal rate where members' shares are indeterminate or unknown, and requires taxation at any higher rate applicable to any member; when shares are determinate, it taxes the whole income at the maximum marginal rate if a member's other income exceeds the exemption threshold, while portions attributable to members chargeable at higher rates are taxed at those higher rates, with a deeming provision treating shares as indeterminate if so at formation or thereafter.
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Firm taxation: firms taxed on total income at rates set annually in the Finance Act.
Clause 324 charges a firm which is assessable as a firm with tax on its total income at the rate specified in the Finance Act for the relevant year, applying only to entities that qualify as firms and requiring alignment with definitional, computation and allocation provisions elsewhere in the Act.
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Representative assessee liability: authorities may use the same remedies against property under a representative's control to recover tax dues.
Clause 304(5) of the Income Tax Bill, 2025, mirrors Section 167 by empowering the Assessing Officer to exercise the same remedies in the same manner against all property vested in, or under the control or management of, a representative assessee as would be available against a person directly liable for tax, covering all kinds of property and applying regardless of whether the tax demand is raised against the representative or the beneficiary.
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Direct assessment empowers tax authorities to bypass representative assessees and pursue beneficiaries directly, preserving recovery powers.
Clause 304(3) (Income Tax Bill, 2025) and Section 166 (Income tax Act, 1961) are non obstante provisions empowering the AO to directly assess and recover tax from the person entitled to income, irrespective of the existence of a representative assessee; these powers are discretionary, cover both assessment and recovery, preserve procedural safeguards for the beneficiary, and operate as alternative (not cumulative) mechanisms to prevent revenue loss due to procedural technicalities or representative non cooperation.
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Proportional apportionment clarifies how beneficiaries' trust distributions are computed for tax using a statutory formula.
Clause 304(4) prescribes that where only part of a trust's income is chargeable, the taxable portion of a beneficiary's receipts is determined by multiplying the beneficiary's receipt by the ratio of the trust's chargeable part to its whole income (A x C / B), thereby codifying proportional apportionment and imposing related recordkeeping and reporting obligations on trustees and representative assessees.
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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.
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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 Rules Bills
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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.

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AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019

5 July, 2019

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AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975   

 

AMENDMENTS

A.

Tariff rate changes for  Basic Customs Duty [to be effective from 06.07.2019]*  [Clause [87(a)] of the Finance (No. 2) Bill, 2019]

Rate of Duty

S. No

Heading, sub-heading tariff item

Commodity

From

To

 

 

Construction Materials

 

 

1

3918

Floor covering of plastics, Wall or ceiling coverings of plastics

10%

15%

2

     

6905,

6907

Ceramic roofing tiles and ceramic flags and pavings, hearth or wall tiles 

10%

15%

3

8302

Base metal fittings, mountings and similar articles suitable for furniture, doors, staircases, windows, blinds, hinge for auto mobiles 

10%

15%

 

 

Precious Metals

 

 

4

7106

Silver (including silver plated with gold or platinum) unwrought or in semimanufactured forms, or in powdered form

10%

12.5%

5

7107 00 00

Base metals clad with silver, not further worked than semi-manufactured

10%

12.5%

6

7108

Gold (including gold plated with platinum) unwrought or in semimanufactured forms, or in powder form 

10%

12.5%

7

7109 00 00

Base metals or silver, clad with gold, not further worked than semimanufactured

10%

12.5%

8

7110

Platinum, unwrought or in semi-manufactured form, or in powder form

10%

12.5%

9

7111 00 00

Base metals, silver or gold, clad with platinum, not further worked than semimanufactured

10%

12.5%

10

7112

Waste and scrap of precious metals or of metal clad with precious metals; other waste and scrap containing precious metal compounds, of a kind used principally for the recovery of precious metal

10%

12.5%

 

 

Automobile parts 

 

 

11

6813

Friction material and articles thereof (for example, sheets, rolls, strips, segments, discs, washers, pads), not mounted, for brakes, for clutches or the like, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials. 

10%

15%

12

7009

Glass mirrors, whether or not framed, including rear-view mirrors

10%

15%

13

8301 20 00

Locks of a kind used in motor vehicles 

10%

15%

14

8421 23 00

Oil or petrol filters for internal combustion engines

7.5%

10%

15

8421 31 00

Intake air-filters for internal combustion engines

7.5%

10%

16

 

 8421 39 20,

8421 39 90

Air purifiers or cleaners and other filtering or purifying machinery and apparatus for gases 

7.5%

10%

17

8512 10 00,

8512 20 10,

 8512 20 20

Lighting or visual signaling equipment of a kind used in bicycles or motor vehicles 

10%

   15%

18

 

8512 20 90,

8512 30 90

Other visual or sound signalling equipment for bicycles or motor vehicles

7.5%

15%

19

8512 30 10

Horns for vehicles

10%

15%

20

8512 90 00

Parts of visual or sound signalling equipment for bicycles or motor vehicles

7.5%

10%

21

 

8512 40 00,

8539 10 00,

8539 21 20,

8539 29 40

Windscreen wipers, defrosters and demisters, Sealed beam lamp units and other lamps for automobiles

10%

15%

22

8706

Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705. 

10%

15%

23

8707

Bodies (including cabs), for the motor vehicles of headings 8701 to 8705

10%

15%

 

 

Electronics and Electrical equipments

 

 

24

8415 90 00

Indoor and outdoor unit of split –system air conditioner

10%

20%

25

8518 21 00, 8518 22 00

Loudspeaker

10%

15%

26

8521 90 90

Digital Video Recorder (DVR) and Network Video Recorder (NVR)

15%

20%

27

8525 80 

CCTV camera and IP camera

15%

20%

28

9001 10 00

Optical Fibres, optical fibre bundles and cables

10%

15%

 

Miscellaneous changes in Tariff Schedule

29

9804

Chapter Note 7 to be inserted in Chapter 98 so as to exclude printed books imported for personal use from the purview of heading 9804. This heading covers all dutiable articles imported for personal use and attracts 28% IGST. This amendment would exclude printed books from this heading and they would be subject to the applicable merit rate.

B.

Amendments not affecting rates of duty [Clause  87(b)  of the Finance (No. 2) Bill, 2019]

30

First Schedule to the Customs Tariff Act, 1975 is amended to:

(i) Create specific tariff lines for specific products, presently classified as others; (ii) Rectify the errors to align it with HSN.

These changes would come into effect from a date to be notified by the Central Government in the official gazette.

*  Will come into effect immediately owing to a declaration under the Provisional Collection of Taxes Act, 1931.   

 

 

 

Topics

Acts Income Tax