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    A Comparative Analysis of "Profits in Lieu of Salary" Under the New Tax Regime: Clause 18 of Income ...
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    Act RulesBills
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    Profits in lieu of salary redefined to separate termination, modification, and fund payments with schedule-based exclusions.
    The provision redefines profits in lieu of salary into two subsections: one defining taxable receipts-distinguishing termination payments, modification payments, pre and post employment lump sums, and employer/fund/keyman insurance payments-and the other listing exclusions via schedules. The schedule-based exclusions replace prior cross references to exemption clauses, simplifying identification of non taxable receipts and improving classification and compliance for taxpayers and employers.
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    Perquisite taxation modernisation streamlines valuation, standardises employer contribution limits and revises accommodation and medical exemptions.
    The Bill reorganises and simplifies perquisite provisions by consolidating accommodation rules, removing detailed computation methods in favour of prescribed approaches, and eliminating distinct treatment for furnished and hotel accommodation. It streamlines benefits and amenities by replacing a monetary threshold with prescribed-amount determinations, unifies fund-related rules with a uniform cap on aggregate employer contributions and annual accretion calculations, and retains but modifies medical exemptions by removing the previous reimbursement ceiling and clarifying overseas treatment conditions.
    Act RulesBills
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    Salary definition reform clarifies component categories and statutory references, enhancing transparency and compliance in compensation taxation.
    Clause 16 redefines salary by converting a nine-part scheme into twelve distinct sub-clauses, separating previously combined items like fees, commissions, perquisites and profits in lieu of salary, relocating leave encashment and provident fund references to updated schedules, and updating section cross-references while retaining the substantive tax treatment and adding modern compensation elements such as contributions to the Agniveer Corpus Fund.
    Act RulesBills
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    Deductions from salaries consolidated: restructured standard deduction tiers and unified gratuity, pension and VRS provisions for clarity.
    Clause 19 consolidates salary-related deductions into a single tabular framework, instituting a two-tier standard deduction aligned with a specified tax regime, grouping gratuity types under numbered entries with categorisation and calculation guidance, centralising pension and leave salary provisions with detailed computation rules, consolidating retrenchment compensation with specified limits and conditions, and streamlining Voluntary Retirement Scheme benefits with a defined monetary ceiling and eligible employer criteria to enhance administrative efficiency and taxpayer clarity.
    Case LawsIncome Tax
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    Trust settlement taxation: broadened construction of shares and securities may capture partnership interests, prompting citation verification.
    The tribunal examined whether a trust permitting benefits beyond relatives falls within Section 56(2)(x), construed "shares and securities" to broaden taxable scope, and treated partnership interests as property under the provision. The earlier order was recalled after reliance on non-existent citations, highlighting the need for rigorous verification of precedents and research safeguards in trust taxation matters.
    Act RulesBills
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    Salaries taxation clarified: structural reorganisation and retention of substantive tax treatment simplifies employer scope and advance salary rules.
    Clause 15 reorganises salary taxation into discrete subsections, modernises terminology by adopting "tax year," and converts explanations into operative provisions. It limits main clauses to "employer" while separately providing that "employer includes former employer," and elevates the treatments of advance salary and partner remuneration to standalone subsections, preserving existing substantive tax effects while improving statutory clarity.
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    Disallowance of expenditure related to non-taxable income clarified and assessing officer powers streamlined under the new income tax bill.
    Clause 14 preserves the principle that expenditure related to income not forming part of total income is disallowed, sets out a three-part structure-basic disallowance rule, assessing officer authority to verify or apply a prescribed method, and a tax year temporal application-and streamlines language by incorporating the former Explanation into the main provision while omitting provisions on reassessment, rectification references, and retrospective application.
    Act RulesBills
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    Tax exemption for political funding consolidated with stricter documentation, audit and distribution conditions under new clause.
    Clause 12 of the Income Tax Bill, 2025 consolidates exemption rules for political parties and electoral trusts, retaining existing excluded income categories while reorganising eligibility and conditions into Schedule VIII's tabular format. It strengthens documentation, retains the cash-donation cap, expands acceptable non-cash payment modes to account-payee and electronic methods and electoral instruments, mandates timely return filing and enhanced audits, requires electoral trusts to distribute the bulk of aggregate donations to registered parties, and provides for taxation of exempt income where statutory conditions are not met.
    Act RulesBills
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    Deemed transfer of assets triggers tax; Clause 8 adds guideline timelines and enhanced parliamentary oversight for valuation.
    Deemed transfer of capital assets or stock-in-trade on distribution during dissolution or reconstitution constitutes a taxable event with gains measured by fair market value, taxed as business income or capital gains. Clause 8 clarifies terminology, prescribes a limited period for issuing implementation guidelines, introduces parliamentary review and modification procedures, modifies cross-references, and is less explicit about the binding nature of guidelines; specified entities must recognize the deemed transfer and specified persons must maintain valuation documentation.
    Act RulesBills
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    Deemed accrual of income expands India's tax nexus to digital activities and indirect transfers, affecting cross-border taxpayers.
    Clause 9 establishes when income is deemed to accrue or arise in India, categorising taxable flows from Indian assets/sources, property, business connections and transfers of capital assets situated in India, and prescribing specific rules for salary, dividends, interest, royalty and technical service fees, with tailored definitions for software and digital rights, while introducing Significant Economic Presence and attribution rules plus indirect transfer tests and exemptions.
    Act RulesBills
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    Territorial nexus expanded to include significant economic presence, broadening tax scope for digital and cross-border business activities.
    The proposed Clause 9 expands the territorial nexus and refines business connection to include significant economic presence, adds targeted rules for online advertising, data monetization and digital services, and integrates investment fund management rules, creating new compliance obligations for businesses, non-residents and fund managers while aligning with international tax guidelines.
    Act RulesBills
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    Deemed income consolidation simplifies timing and treatment of employee benefits and dividends under the new bill, improving clarity.
    The Bill consolidates rules treating certain receipts as income into one clause, preserving employee-related deemed income categories and provident fund treatment while refining employer-contribution language and updating cross-references. It integrates dividend provisions, maintains the declared versus interim dividend distinction, broadens the dividend definition through updated references, and clarifies unconditional availability of interim distributions, aiming to simplify timing and computation of these receipts and reduce interpretive disputes for tax administration.
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    Residential status reform refines residency tests and deemed resident rules, strengthening clarity for high income individuals and companies.
    The Bill restructures residential status rules to clarify the day count residency framework, refine temporal definitions and exceptions, and expand deemed residency and not ordinarily resident criteria. It adds targeted provisions for high income individuals with a distinct presence test and develops company residency guidance by elaborating the place of effective management and management control factors, aiming to align with international standards and reduce disputes.
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    Apportionment of spousal income: equal division of non-salary income with salary attributed to the earning spouse under Portuguese Civil Code.
    Income of spouses under the Portuguese Civil Code is not assessed as community property; non-salary income is divided equally between spouses while salary income is attributed solely to the earning spouse. Section 5A and Clause 10 maintain individual assessment, require separate inclusion of apportioned shares in each spouse's return, and call for clear income segregation and documentation. Clause 10 simplifies language and removes prior references to classification as an association of persons or body of individuals.
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    Show AI Summary
    Scope of total income clarified: residency tests and foreign income treatment reorganised to improve clarity and administration.
    Clause 5 reorganises the scope of total income by substituting "previous year" with tax year, moving not ordinarily resident treatment into the main clause, and elevating former Explanations into subsections. The Bill preserves the core rules on income received or deemed received in India, income accruing or arising in India, and income accruing outside India, while separately articulating prevention of double inclusion and foreign income treatment to improve clarity and administrative coherence.
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    Commercial activities by non-profits face a revenue cap and mandatory separate accounting, tightening compliance and transparency.
    Clause 346 of the Income Tax Bill, 2025 requires commercial activities by registered non-profit organisations to be directly related to charitable objectives, subjects receipts from such activities to a statutory revenue cap, and mandates separate accounting for those activities. This contrasts with Section 2(15) of the Income-tax Act, 1961, which conditions tax-exempt status on activities being integral to the charitable purpose and a similar receipts ceiling but lacks an explicit separate accounting requirement. The clause emphasizes transparency, documentation, and clearer compliance parameters.
    Case LawsIncome Tax
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    Rectification of assessment orders cannot cure jurisdictional errors where orders name non-existent entities after mergers.
    An assessment order issued in the name of a non-existent entity after a disclosed corporate amalgamation was held to be a fundamental, jurisdictional error not correctable under Section 154 or Section 292B; prior disclosure of the merger and absence of misleading conduct distinguished the case from precedents permitting clerical correction.
    Case LawsIncome Tax
    Show AI Summary
    Limitation periods: reassessment procedures must be completed within the overarching statutory period, else notices are time-barred.
    The decision construes the interaction between procedural timelines for reassessment and the overarching limitation period, treating the mandatory pre-notice procedure requiring provision of material and an opportunity to respond as part of the reassessment process that must be completed within the ultimate limitation period; if the authority does not complete both the procedural order and issue the reassessment notice within the residual time remaining after statutory exclusions and extensions, the notice is time-barred.
    CircularsGST
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    Effective date conflict between circular and statutory notification underscores primacy of notification over administrative guidance.
    A conflict between Circular No. 247/04/2025 and Notification No. 03/2023 arises from differing statements on the effective date of GST amendments. The circular provides classification and rate clarifications for specified goods and refers to an operative date that diverges from the notification's expressly stated effective date. Because Notification No. 03/2023 is issued under statutory authority and carries legal force, the notification's specified effective date governs where inconsistency with administrative circulars occurs, producing compliance and enforcement uncertainty that warrants authoritative clarification.
    NewsBills
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    Section 115BAC tax regime retained as default; surcharge tiers and caps specified, with marginal relief safeguards.
    The Finance Bill, 2025 retains existing income-tax rates for assessment year 2025-26 and keeps special concessional regimes unchanged. Section 115BAC operates as the default regime for eligible individuals and similar entities unless an option is chosen, with prescribed slab rates applying. The Bill specifies tiered surcharge rates on tax under section 115BAC for higher incomes, caps surcharge on dividend and certain categorized income and for associations of companies, and provides marginal relief. Part III First Schedule provisions for advance tax and withholding are reallocated to Part I for 2025-26.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      3 February, 2020

      Contents
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      Budget 2020-21 + FINANCE BILL, 2020

      S.No

      Heading, sub-heading, tariff item

      Commodity

      From

      To

       

       

      Animals

       

       

      1.

      0101 21 00

      Pure-bred breeding horses

      30%

      Nil

       

       

      Fuels, Chemicals and Plastics

       

       

      2.

      27

      Very low Sulphur fuel oil meeting ISO 8217:2017 RMG380 Viscosity in 220-400 CST standards/Marine Fuel 0.5% (FO), under the same conditions as available to IFO 180 CST and IFO 380 CST under entry at S. No. 139 of notification No. 50/2017-Customs dated 30.06.2017.

      10%

      Nil

      3.

      2713 12 10, 2713 1290

      Calcined Petroleum Coke

      10%

      7.5%

      4.

      2843

      Colloidal precious metals; compounds of precious metals; amalgams of precious metals

      7.5%

      10%

      5.

      2916 12 10

      Butyl Acrylate

      5%

      7.5%

      6.

      3907 99 90

      Polyester Liquid Crystal Polymers (LCP) for use in manufacture of connectors

      7.5%

       Nil

      7.

      3920 10 99

      Calendared plastic sheets for use in manufacturing of smart cards

      10%

      5%

       

       

      Paper Industry

       

       

      8.

      48

      a) Newsprint, if the importer, at the time of import is an establishment registered with the Registrar of Newspapers, India (RNI)

      b) Uncoated paper used for printing newspaper, if the importer, at the time of import' is an establishment registered with the Registrar of Newspapers, India (RNI)

      c) Lightweight coated paper used for printing magazines, subject to end-use conditions

      10%

      5%

       

       

      Sports Goods

       

       

      9.

      44

      List of items allowed duty free import up to 3% of FOB value of sports goods exported in the preceding financial year is being amended to include-Willow

      Applicable rate

      Nil

       

       

      Precious Stones and Metals

       

       

      10.

      7108

      Gold used in the manufacture of semiconductor devices or light emitting diodes

      Nil

      12.5%

      11.

      7103

      Rubies, emeralds, sapphires - unset and imported uncut

      Nil

      0.5%

      12.

      7103

      Rough coloured gemstones

      Nil

      0.5%

      13.

      7103

      Rough semi-precious stones

      Nil

      0.5%

      14.

      7103

      Pre-forms of precious and semi-precious stones

      Nil

      0.5%

      15.

      7104

      Rough synthetic gemstones

      Nil

      0.5%

      16.

      7104

      Rough cubic zirconia

      Nil

      0.5%

      17.

      7104

      Polished Cubic Zirconia

      5%

      7.5%

      18.

      7110

      Platinum or Palladium used in manufacture of-.

      a) All goods, including Noble Metal Compounds and Noble Metal Solutions [2843]

      b) Catalyst with precious metal or precious metal compounds as the active substance [3815 12]

      12.5%

      7.5%

      19.

      7112

      Spent Catalyst/Ash containing precious metal like gold from which such precious metal is retrieved subject to specified conditions.

      12.5%

      11.85%

       

       

      Machinery

       

       

      20.

      84

      Goods specified in List 10 of Notification No. 50/2017-Customs dated 30.62017, required for use in high voltage power transmission project

      5%

      7.5%

      21.

      8432 80 20

      Rotary tillers/weeder

      2.5%

      7.5%

      22.

      84 or any other Chapter

      Goods specified in List 14 of Notification No. 50/2017 - Customs dated 30.6.2017, required for construction of road like paver finisher, machines for filling up cracks in roads, mobile bridge inspection units etc.

      Nil

      Applicable BCD

      23.

      8501

      Motors like Single Phase AC motors, Stepper motors, Wiper Motors etc.

      7.5%

      10%

       

       

      Electronic goods, parts thereof

       

       

      24.

      74

      Copper and articles thereof used in manufacturing of specified electronic items

      Nil

      Applicable BCD

      25.

      8504 40

      Specified Chargers and power adapters

      Applicable BCD

      20%

      26.

      8517 70 10

      PCBA of Cellular mobile phones (with effect from 01.04.2020)

      10%

      20%

      27.

      8517 70 90

      Fingerprint readers/scanner, for use in Cellular mobile phones

      Nil

      15%

      28.

      8517 70 90

      Vibrator/Ringer of Cellular mobile phones(with effect from 01.10.2020)

      Nil

      10%

      29.

      8517 70 90

      Display Panel and Touch Assembly of Cellular mobile phones (with effect from 01.10.2020)

      Nil

      10%

      30.

      8518 30 00

      Headphones and Earphones

      Applicable BCD

      15%

      31.

      8518 90 00

      Following parts of Microphone for use in manufacture of Microphone namely,

      a) microphone cartridge

      b) microphone holder

      c) microphone grill

      d) microphone body

      10%

      Nil

      32.

      8538

      Micro-fuse base, sub-miniature fuse base, Micro-fuse Cover and sub-miniature fuse cover for use in manufacture of micro fuse and sub-miniature fuse.

      7.5%

      Nil

       

       

      Automobile and automobile parts

       

       

      33.

      2843

      Noble metal solutions and noble metal compounds used in manufacture of catalytic converter and their parts

      5%

      10%

      34.

      7110

      Platinum or Palladium used in manufacturing of catalytic converter and their parts

      5%

      Applicable BCD

      35.

      84 or any other Chapter

      (A) Parts of catalytic converter tor manufacture of catalytic converters.

      (B) The following goods for use in the manufacture of catalytic converters and its parts, namely: -

      (i) Raw substrates (ceramics)

      (ii) Wash coated substrates (ceramics)

      (iii) Raw substrates (metal)

      (iv) Wash coated substrates (metal)

      (v) Stainless steel wire cloth stripe

      (vi) Wash coat

      5%

      7.5%

      36.

      8702, 8704

      Completely Built Units (CBUs) of commercial vehicles (other than electric vehicles) (with effect from 01.04.2020)

      30%

      40%

      37.

      8702, 8704

      Completely Built Units (CBUs) of commercial electric vehicles (with effect from 01.04.2020)

      25%

      40%

      38.

      8703

      Semi Knocked Down (SKD) forms of electric passenger vehicles (with effect from 01.04.2020)

      15%

      30%

      39.

      8702, 8704, 8711

      Semi Knocked Down (SKD) forms of electric vehicles- Bus, Trucks and Two wheelers (with effect from 01.04.2020)

      15%

      25%

      40.

      8702, 8703, 8704, 8711

      Completely Knocked Down (CKD) forms of electric vehicles - Passenger vehicles, Three wheelers, Two wheelers, Bus and Trucks (with effect from 01.04.2020)

      10%

      15%

       

       

      Defence sector

       

       

      41.

      73,84,85,87,88,89,90,93

      Exemption from import duty for specified military equipment, when imported by Defense PSUs and other PSUs for defence forces.

      As applicable

      Nil

       

       


      Full Text:

      Budget 2020-21 + FINANCE BILL, 2020

      Topics

      ActsIncome Tax