News & Media 19th Feb 2025

End of arbitrary arrest by income tax officers? New Income Tax Bill 2025 proposes to decriminalise Section 276CCC

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The New Tax Bill 2025 has said a person who failed to file an Income Tax Return (ITR) after a search operation will not be prosecuted under clause 480 without prior approval of higher tax authorities. Earlier in the Income Tax Act, 1961, there was no requirement for such approval. Also, the new tax Bill explicitly mentions that clause 480 which corresponds to Section 276CCC of Income Tax Act, 1961, is a non-cognizable offence. Earlier it was not explicitly mentioned in the 1961 Act. For the uninitiated, cognizable offence means authorities can arrest without prior court approval. Non-cognizable offence means authorities need prior approval from a court before arresting the person.

Neelanjit Das from ET Wealth speaks to our Partner Mitesh Jain who shares his insights on this issue, “End of arbitrary arrest by income tax officers? New Income Tax Bill 2025 proposes to decriminalise Section 276CCC”.

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