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Further money-laundering investigation may continue after a complaint and before charge framing without prior Special Court leave.
Further investigation into money laundering may continue after filing of a complaint and before charges are framed, without prior leave of the Special Court. Explanation (ii) to Section 44(1) permits additional oral or documentary evidence after a complaint. The permission requirement under the proviso to Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies only during trial, which begins upon charge framing. Further investigation continues the original investigation rather than constituting impermissible reinvestigation; the Enforcement Directorate may therefore issue summons at that pre-trial stage.
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Composite service classification by essential character treats predominant coal transport as GTA, limiting service-tax exposure to non-exempt ancillary services.
Composite service classification follows the essential character test: work orders predominantly involving transportation of coal, slurry and related material fall under goods transport agency service, while incidental activities do not convert the service into mining. Consignment-note transactions may attract reverse-charge liability for specified corporate recipients; transport without consignment notes falls within the negative list. Small-service-provider exemption applies to management, maintenance and repair and supply of tangible goods services except for limited non-exempt turnover. In the absence of suppression with intent to evade, no penalty for non-payment applies, although delayed return filing remains penalised. A separate unsupported demand for the later period is unsustainable.
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Extended limitation requires deliberate suppression; audit-based detection alone cannot sustain a time-barred service tax demand.
Expatriate deputation by an overseas employer for a fixed, short duration fell within taxable Manpower Recruitment and Supply Service; salary payment, tax deduction and Form 16 issued by the recipient did not alter that character. However, extended limitation required deliberate withholding of material facts. Audit or investigation-based detection, without a reasoned finding of deliberate suppression, was insufficient. The demand was therefore time-barred despite taxable service on merits.
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Admissible evidence for CENVAT credit: unauthenticated electronic records and untested third-party statements cannot establish non-receipt of inputs.
Admissibility of evidence governs denial of CENVAT credit for alleged non-receipt of inputs. Third-party investigative statements require examination and formal admission unless a statutory exception applies, while third-party electronic records require prescribed safeguards and certification. Uncorroborated transport discrepancies or portal data do not, without transaction-specific proof, displace invoices, payment records, production records and duty-paid clearances. Personal penalty requires proof of knowledge, active participation and conscious dealing with goods liable to confiscation. A deposit during investigation, including a payment asserted to be coerced, does not alone establish liability or fraudulent availment of credit.
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Registered-post statutory notice to the drawer's correct address triggers presumed service despite receipt by a co-residing family member.
Statutory demand notices under proviso (b) to Section 138 are treated as given when sent by registered post to the drawer's correct address. Section 27 of the General Clauses Act and Section 114 of the Evidence Act create a rebuttable presumption of service; the drawer must prove an incorrect address, lack of tender, or non-knowledge not attributable to the drawer. Receipt by a co-residing family member does not alone rebut that presumption. A contrary approach that ignores larger-Bench authority and shared residence is per incuriam and lacks binding force under Article 141.
AI TextQuick Glance (AI)Headnote
Recall of merits order requires cogent grounds; complainant's absence alone does not justify reopening process quashing.
Recall of a merits order quashing issuance of process requires a cogent ground or identifiable infirmity; a complainant's absence at the final hearing alone is insufficient. Where the complaint has been adjudicated on the pleadings and record under the Negotiable Instruments Act provisions governing cheque dishonour and company liability, prior adjournments sought for the complainant and the absence of any demonstrated defect do not justify reopening the merits determination. Recall is therefore unwarranted.
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Inverted duty refunds remain available when higher-taxed packing inputs create accumulated credit despite identical bulk and packaged goods rates.
Refund of unutilised input tax credit under the inverted duty structure is available where higher-taxed packing materials are used to make bulk sulphur marketable as customised packaged sulphur, even though bulk and packaged sulphur bear the same GST rate. Such packing materials qualify as inputs, and accumulated credit arises because their tax rate exceeds that on the output supply. The restriction concerning identical input and output goods does not apply where accumulation is not caused by a rate reduction on the same goods. Instructions issued to ensure uniform GST implementation cannot curtail a statutory refund entitlement.
AI TextQuick Glance (AI)Headnote
Inverted duty refunds cover higher-taxed packing materials used to package sulphur despite identical GST rates on the principal input and output.
Accumulated input tax credit arising from higher-taxed packing materials used to market bulk sulphur in customised packets falls within the inverted duty refund mechanism under Section 54(3)(ii) of the CGST Act. Packing materials constitute business inputs even where the principal input and outward supply of sulphur attract the same GST rate. Where packing materials bear a higher GST rate than the outward supply, the resulting accumulated credit is refundable. Departmental circulars concerning identical input and output supplies cannot impose restrictions not contained in the statute, as implementation directions cannot curtail a statutory refund entitlement.
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Reasonable belief of smuggling: gold cannot be confiscated when procurement records establish licit acquisition and Revenue lacks contrary proof.
Reasonable belief that gold is smuggled is a precondition for the reverse burden under section 123 of the Customs Act, 1962. Procurement invoices and corresponding GSTR-2A records established licit acquisition, while a town seizure, gold purity of 99.7%, and the absence of indicators of foreign origin did not support such belief. Once the claimant substantiated lawful procurement, the Revenue did not prove a smuggled origin. The gold was therefore not liable to confiscation, and its release was directed.
AI TextQuick Glance (AI)Headnote
Transaction value rejection requires communicated reasonable doubt and cogent evidence; written reassessment acceptance preserves challenge rights.
Written acceptance of a customs reassessment dispenses only with the requirement for a speaking order; it does not waive the importer's statutory right to challenge the reassessment's legality or merits. Rejection of declared transaction value requires reasonable doubt about its truth or accuracy, with the grounds communicated in writing before applying the sequential valuation rules. Acceptance letters lacking particulars of comparable contemporaneous imports, and unsubstantiated external or NIDB data without independent cogent material, cannot by themselves support rejection of transaction value or enhancement of import value.

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2026 (8) TMI 1048 - SCH - Income Tax

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Non-resident payment characterisation as royalty leaves Revenue review option contingent on success in related Supreme Court proceedings.
TDS on payments to non-residents was considered where the ITAT found that payments to three non-resident companies were not royalty under the applicable ... Summary

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Acts Income Tax