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Willful failure to file returns attracts graded criminal penalties including imprisonment and fine; an extended cure period limits prosecutions.
Clause 479 criminalizes the willful failure to furnish returns of income, applying to statutory filing obligations and notice-triggered duties, and establishes a graded criminal penalty regime tied to the tax that would have been evaded. It preserves a mens rea requirement, mandates imprisonment and fine across tiers, and provides exemptions including a one-year cure period to avoid prosecution and a de minimis exception for non-corporate taxpayers, while raising interpretative issues on the definition of wilfulness and calculation of evaded tax.
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Wilful tax evasion criminalisation: updated offence framework tightens penalties and preserves additional monetary sanctions for deliberate under-reporting.
Clause 478 establishes an offence of wilful attempt to evade tax, penalty, or interest, including under-reporting, distinguishing evasion of liability from evasion of payment. It prescribes graded sentences with discretionary fines and makes offenders liable to any other penalties under the Act. The provision's inclusive definition-false entries, false statements, wilful omissions, and other enabling circumstances-broadens prosecutorial scope while retaining the requirement to prove mens rea and preserving procedural safeguards for prosecution.
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Failure to remit tax collected at source: criminal liability retained with a filing linked safe harbour to encourage timely compliance.
Clause 477 criminalizes failure to remit tax collected at source, adopting a strict liability approach that imposes custodial sentence and fine while offering a statutory safe harbour where TCS is deposited on or before the time prescribed for filing the TCS statement, thereby aligning penal consequences and procedural exemption with the existing framework.
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Criminal liability for failure to remit TDS expands enforcement and broadens managerial responsibility, with strict penalties.
Clause 476 criminalizes failure to deposit taxes deducted or collected at source under Chapter XIX-B, extending liability to those who "pay or ensure payment" and prescribing rigorous imprisonment and fine. A proviso bars prosecution if the tax is credited to the Central Government on or before the time prescribed for filing the relevant TDS statement, while cross references to notes and tables expand the catalogue of covered transactions and may complicate interpretation.
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Fraudulent asset dissipation criminalized: intent-based offence bars transfers aimed at defeating prescribed tax recovery proceedings.
Clause 475 penalizes the fraudulent removal, concealment, transfer, or delivery of any property or interest with the intent to prevent it from being taken in execution of a prescribed recovery certificate, requiring proof of deceitful intent and applying to tangible and intangible interests; it retains the punitive framework of rigorous imprisonment and fine while replacing an explicit Second Schedule reference with a flexible "as prescribed" linkage to recovery procedures.
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Failure to provide inspection facilities criminalises obstruction during tax inspections, attracting imprisonment and fine under the new bill.
Clause 474 of the Income Tax Bill, 2025, makes it an offence to fail to afford an authorised officer the necessary facility to inspect books of account or other documents under section 247(1)(b)(ii), punishable with rigorous imprisonment for up to two years and a fine. The clause largely mirrors Section 275B of the 1961 Act, raises interpretive issues about the definition of "necessary facility" and mens rea, and creates potential overlaps with other penal provisions, while preserving continuity in enforcement policy.
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Contravention of tax authority orders may attract imprisonment and fine under the new income tax framework.
Clause 473 establishes an offence for contravening orders under section 247(1)(viii) or (4), penalising such contraventions with rigorous imprisonment up to the statutory maximum and a fine. The clause focuses on breaches concerning custody, retention, or handling of assets or records during investigative processes. It does not specify mens rea or procedural attributes such as cognizability or bailability, so application and defences will be shaped by judicial interpretation and the Bill's broader procedural framework.
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Limitation period for tax penalties: quarter based uniform timeline aligns penalty orders with assessment and appellate outcomes.
Clause 472 standardises the limitation for imposing tax penalties by prescribing a uniform six month period measured from the end of the quarter tied to the completion of proceedings, appellate or revisional orders, or issuance of a penalty notice; it permits revision of penalty orders to reflect subsequent assessment modifications, mandates a reasonable opportunity to be heard before adverse penalty action, and excludes rehearing and judicial stay periods from limitation computation.
Act Rules Bills
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Natural justice in tax penalties: hearing rights and hierarchical approval govern imposition and administrative oversight under new bill.
Clause 471 requires that no penalty be imposed without the assessee being heard or given a reasonable opportunity, mandates prior Joint Commissioner approval for penalties exceeding specified officer thresholds, and requires that penalty orders passed by authorities other than the Assessing Officer be sent to the Assessing Officer. It mirrors core safeguards of the existing law but omits scheme enabling provisions for faceless, technology driven procedures and transitional rules, creating potential uncertainties over thresholds, definition of reasonable opportunity, procedural delays, and modernization.
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Reasonable cause defense protects taxpayers from penalties for bona fide, non culpable defaults and encourages documented compliance.
Clause 470 creates an exception to specified penalty provisions: no penalty shall be imposed if the assessee proves there was reasonable cause for the failure. It functions as a non obstante provision covering enumerated sections, shifts the burden of proof to the taxpayer, and is aimed primarily at bona fide procedural or technical lapses rather than deliberate violations.
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Voluntary disclosure and penalty waiver enable administrative relief when pre detection disclosure, cooperation and payment conditions are met.
Clause 469 empowers the Principal Commissioner or Commissioner to reduce or waive penalties under section 439 where a taxpayer has made a full and true voluntary disclosure before detection, cooperated in assessment and paid or arranged payment of tax or interest; it includes a deeming rule for full disclosure, prior approval safeguards for high value cases, a bar on multiple reliefs, a genuine hardship route with recorded reasons, a twelve month disposal limit, opportunity to be heard, and finality of orders.
Act Rules Bills
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Penalty for failure to quote TDCAN/TAN: discretionary fixed sanctions apply for non compliance and knowingly false quoting.
Clause 468 empowers the Assessing Officer to impose a fixed monetary penalty for failure to comply with Section 397 and for quoting a false Tax Deduction and Collection Account Number in prescribed documents where the person knows or believes it to be false, making the penalty discretionary and imposing a mens rea requirement for false quoting while not expressly providing for a statutory opportunity of being heard.
Act Rules Bills
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PAN/Aadhaar compliance: new per-default penalty regime distinguishes intentional false quoting from strict liability omissions and extends responsible person liability.
Clause 467 establishes a per-default penalty regime for non-compliance with section 262, differentiating intentional false PAN/Aadhaar quoting-which requires proof of knowledge or belief-from omissions treated as strict liability, and extends liability to persons responsible for ensuring correct quoting/authentication; it emphasizes authentication and digital e KYC integration while remaining silent on express procedural safeguards such as the opportunity to be heard, creating potential due process and transitional issues.
Act Rules Bills
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Penalty for non cooperation: new provision allows senior tax officers to impose a moderate monetary penalty without explicit hearing safeguards.
Clause 466 empowers specified senior tax officers to impose a moderate monetary penalty for failure to comply with section 254, mirroring prior penalty structure in authority and capped quantum but omitting express procedural safeguards such as an opportunity of being heard, defences like reasonable cause, and a requirement to record reasons, thereby raising concerns about procedural fairness and consistency in imposition.
Act Rules Bills
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Penalty for procedural defaults: fixed and daily fines, capped to tax collectible, with delegated authority to impose them.
Clause 465 creates a penalty regime for procedural non compliance under the Income Tax Bill, 2025: a fixed penalty for discrete defaults, a daily penalty for continuing defaults, a cap tying certain penalties to the amount of tax deductible or collectible, and specified authorities empowered to impose penalties; it broadens the definition of income tax authority and updates cross references to the restructured Bill, while notably omitting an explicit provision requiring an opportunity to be heard before penalty imposition.
Act Rules Bills
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Penalty regime for failure to furnish prescribed statements strengthens compliance under tax exempt reporting obligations.
A statutory penalty regime targets failure by specified research institutions and charitable funds to furnish prescribed documents, statements, or certificates within prescribed timeframes; penalties fall within a prescribed band and are imposed at the discretion of the Assessing Officer, operating as a civil compliance measure alongside general procedural safeguards and requiring stakeholders to update compliance processes to align with re referenced substantive sections.
Act Rules Bills
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Professional accountability: penalty for furnishing incorrect information in professional reports or certificates under the new income tax bill.
Clause 463 imposes a strict-liability penalty regime on accountants, merchant bankers and registered valuers for furnishing incorrect information in any report or certificate under the Act or rules. It prescribes a fixed per-instance monetary penalty and empowers the Assessing Officer, Joint Commissioner (Appeals) or Commissioner (Appeals) to impose the penalty upon satisfaction that incorrect information was furnished. The clause updates definitional references for valuers, omits an explicit definition of "accountant," and operates without prejudice to other civil or criminal consequences.
Act Rules Bills
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Penalty for failure to furnish information: fixed sanction for inaccurate or missing cross-border disclosure, raising proportionality concerns.
Clause 462 penalises any person required to furnish information under section 397(3)(d) who fails to supply such information or furnishes inaccurate information; the Assessing Officer may impose a fixed monetary penalty, the provision mirrors Section 271I in structure and intent, lacks an express reasonable-cause defence or gradation of penalty, and raises interpretative issues as to the scope of "inaccurate information," procedural safeguards, and proportionality in enforcement.
Act Rules Bills
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Penalty for failure to furnish statements: discretionary fines with short grace period where tax is paid and statement filed promptly.
Clause 461 creates a penalty for failure to deliver statements under section 397(3)(b) or for furnishing incorrect information, authorising the Assessing Officer to impose a discretionary monetary penalty equivalent in range to the existing Section 271H. Clause 461(2) exempts penalty where tax, fee and interest are paid to the Central Government and the statement is filed within a short grace period, thereby balancing deterrence with relief for prompt substantive compliance while leaving procedural safeguards and definitions, such as "incorrect information," unclearly specified.
Act Rules Bills
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Penalty for failure to submit statements may be imposed by the assessing officer as a daily or capped sanction, discretion preserved.
Clause 460 permits the Assessing Officer to impose discretionary monetary penalties on any person required to furnish a statement under section 505 for failure to file within the prescribed period, using a two-tier structure of a daily sanction for short-term delay and a capped penalty for longer default, with applicability dependent on the scope of the parent reporting obligation and subject to the general procedural and appellate framework of the tax law.

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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.   

 

 

 

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Acts Income Tax