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    Taxation of Oral Trusts in India : Clause 308 of the Income Tax Bill, 2025 Vs. Section 164A of the I...
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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
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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 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
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    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
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    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
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    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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      AMENDMENTS IN THE FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975  - FINANCE (No.2) BILL, 2019

      5 July, 2019

      Contents
      Rules & Regulations
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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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      ActsIncome Tax