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    Case LawsIncome Tax
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    Case LawsIncome Tax
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    Discretionary trusts taxed at maximum marginal rate must have surcharge computed under slab and threshold rules, not automatically at top rate.
    For private discretionary trusts taxed at the maximum marginal rate under sections 164/167B, the term denotes the highest basic slab rate under the Finance Act, but surcharge on that tax must be computed according to the Finance Act's slab- and threshold-based surcharge provisions; if the trust's total income does not cross the statutory surcharge threshold, no surcharge is leviable despite basic tax being at the top slab rate.
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    Quicklime classification: impure lime falls under specific tariff heading, not high purity calcium oxide, per HSN purity standard.
    The imported material, chemically tested as impure calcium oxide (about 92.2% CaO with mineral impurities), is classifiable under Heading 2522 10 00 as Quicklime. Chapter Note 1 to Chapter 25 must be read contextually and does not disqualify quicklime from Chapter 25 where the tariff text and HSN Explanatory Notes expressly contemplate calcined quicklime. Heading 2825 is confined to chemically pure calcium oxide (approximately 98% CaO) and its residuary sub-heading cannot displace the specific Heading 2522 unless that purity threshold and absence of impurities are met.
    Case LawsIncome Tax
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    The six month limit in Section 110(2) for issuing a show cause notice after seizure under Section 110(1) is mandatory; only a single six month extension under the first proviso is permissible. Provisional release under Section 110A does not suspend, extend or neutralise that time bar. The 2018 second proviso making the six month rule inapplicable where provisional release is ordered is a substantive change and does not validate pre amendment seizures prolonged without notice.
    Case LawsIncome Tax
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    Prima facie adjustments cannot decide debatable legal claims in return processing; contested deductions require scrutiny procedures.
    When a claimed deduction depends on timely deposit of employee welfare contributions and the legal question is debatable or pending higher adjudication, summary processing adjustments cannot be used to resolve the dispute; such matters require scrutiny or reassessment procedures and the validity of any processing-stage action must be judged by the law and facts existing at the time of processing.
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    Interpretation of section 11(3) concludes that, under the pre-amendment text, accumulated charitable funds could be applied in the year immediately following the five-year accumulation period; the 2022/2023 amendment removing that year was treated as prospective under the presumption against retrospective tax imposition. Separately, corrections by the Centralised Processing Centre under section 143(1) are confined to mechanistic errors and should not resolve debatable substantive questions of statutory interpretation.
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    Condonation of delay in tax exemption claims should favor substantive rights over mere technical filing defects when bona fide.
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    Provisional release under Section 110 is permitted subject to proportionate protections: payment of duties as self-assessed; payment of a substantive portion (commonly fifty percent) of any departmental differential; and execution of enforceable bonds for the balance. Bank guarantees or cash security for speculative fines prior to adjudication are often disproportionate and may be replaced by bonds, though deliberate mis-declaration, concealment or prohibited imports justify stricter protective measures.
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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES/HEALTH CESS IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2022, unless specified otherwise]

      2 February, 2022

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      VI. OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES/HEALTH CESS IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2022, unless specified otherwise]

      S.No.

      Chapter, heading, subheading, or tariff item

      Commodity

      From

      To

       

       

      Agricultural Products and By Products

       

       

      1.

      0306

      Live Black tiger shrimp (Penaeus monodon)

      30%

      10%

      2.

      0306 19 00

      Frozen Krill

      30%

      15%

      3.

      1518

      Algal Oil for manufacturing of aquatic feed

      30%

      15%

        

      Fuels, Chemicals and Plastics

        

      4.

      2710 19

      Fuel oil

      5%

      2.5%

      5.

      2710 19

      Straight run fuel oil

      5%

      2.5%

      6.

      2710 19

      Low sulphur wax residue

      5%

      2.5%

      7.

      2710 19

      Vacuum residue, Slurry

      5%

      2.5%

      8.

      2710 19

      Vacuum gasoil

      5%

      2.5%

      9.

      2837 11 00

      Sodium cyanide

      7.5%

      10%

        

      Paper

        

      10.

      4707

      Recovered (waste and scrap) paper or paperboard for use in manufacturing of paper, paperboard or newsprint

      NIL

      2.5%

        

      Gems and Jewellery Sector

        

      11.

      7102 21 7102 31 00

      Simply Sawn Natural Diamonds imported under Kimberley Process Certification Scheme (KPCS)

      Applica ble Rate

      NIL

      12.

      71

      Cut and Polished Diamonds

      7.5%

      5%

      13.

      71 (except 7104 99 00)

      Cut and Polished Natural Gemstones

      7.5%

      5%

        

      Metals

        

      14.

      7204

      Iron and steel scrap, including stainless steel scrap [Exemption hitherto available till 31.3.2022 is being extended up to 31.03.2023]

      NIL [upto 31.3.20 22]

      NIL [upto 31.3.20 23]

        

      Electrical and Electronics Sector

        

      15.

      3920 99 99, 9002 11 00

      Camera lens for use in manufacture of Camera Module for Cellular Mobile Phone

      10%/ 15%

      2.5%

      16.

      Specific CTH

      Specified parts for use in manufacture of transformers of chargers/adapters

      10%/ 15%

      5%

      17.

      74 or 76

      Copper/Aluminium based Copper clad laminate for use in manufacture of PCB/MCPCB

      5%/ 7.5%

      NIL

      18.

      90

      Following items used in manufacture of X-ray items:

      a) X-Ray grid

      b) Multi Leaf Collimator/ Iris

      c) Static User Interface

      5%

      10%

      19.

      90

      X-Ray Machines

      7.5%

      10%

        

      Medical devices

        

      20.

      9018 32 10

      Surgical needles imported for manufacture of Surgical sutures

      Health Cess @ 5%

      Health Cess @ Nil

        

      Toys

        

      21.

      9503

      Parts of electronic toys for manufacture of electronic toys

      15%

      25%

        

      Capital Goods

        

      22.

      7325 10 00

      S. G. Ingot Castings used in manufacturing of Plastic Processing Machinery

      10%

      7.5%

      23.

      8483 40 00, 8477 90 00

      Ball Screw and Linear Motion Guide used in manufacturing of Plastic Processing Machinery

      7.5%

      5%

      24.

      84

      Bushing (made up of platinum and rhodium alloy, imported in exchange of worn-out bushing exported for refurbishment)

      10%

      7.5%

      25.

      8419

      Coffee roasting, brewing or vending machineries for use in the manufacturing or processing of coffee

      10%

      7.5%

       


      Full Text:

      Budget 2022-23 + FINANCE Bill, 2022

      Topics

      ActsIncome Tax