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    August 8, 2026   CircularsCustoms
    Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offic...
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    Conditional remand cannot extinguish statutory appeal rights; invalid ex parte orders require fresh reasoned merits adjudication.
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    August 8, 2026   Circulars Customs
    Risk-based postal import clearance standardises electronic assessment, document requests, duty realisation and delivery controls at Foreign Post Offices.
    August 8, 2026   Circulars Customs
    Customs Cargo Service Provider appointment extends custodianship to additional terminal land, subject to cargo-control, security and licence conditions.
    August 8, 2026   Circulars DGFT
    DPIIT-recognized start-ups gain Source from India access through active IEC status, including an exception to export-realisation eligibility.
    August 8, 2026   Case Laws GST
    Condonation of delayed GST appeals can preserve merits review and suspend recovery pending appellate determination of tax liability.
    August 8, 2026   Case Laws GST
    Opportunity to respond to show-cause notices restored as tax demand and time-barred appellate orders were set aside
    August 8, 2026   Case Laws GST
    GST self-assessment scrutiny must precede demand proceedings alleging undervaluation of bank guarantees and suppressed taxable value.
    August 8, 2026   Case Laws GST
    Provisional attachment expires after its statutory duration, making the challenge infructuous without a merits determination.
    August 8, 2026   Case Laws GST
    Ophthalmic surgical microscopes fall under medical instruments heading 9018 and qualify for the concessional GST rate.
    August 8, 2026   Case Laws GST
    Paper bag classification under the concessional entry places qualifying paper sacks and bags at the lower GST rate.
    August 8, 2026   Case Laws Income Tax
    Conditional remand cannot extinguish statutory appeal rights; invalid ex parte orders require fresh reasoned merits adjudication.
    August 8, 2026   Case Laws Income Tax
    Retrospective tax amendments cannot create new liability for offshore technical services or override favourable treaty interpretation.
    August 8, 2026   Case Laws Income Tax
    Inter-co-operative society interest exemption protects co-operative banks from withholding tax on deposits paid to non-member societies.
    August 8, 2026   Case Laws Income Tax
    Finality of judicial findings required compounding fee recomputation under earlier guidelines, barring application of later revised guidelines.
    August 8, 2026   Case Laws Income Tax
    Post-search scrutiny assessment remains available where original assessment limitation is unexpired, permitting timely completion under regular assessment procedure.
    August 8, 2026   Case Laws Income Tax
    Reassessment procedure: participation may cure objections to an absent scrutiny notice, while additions must retain nexus with recorded reasons.
    August 8, 2026   Case Laws Income Tax
    Reasonable cause for notice non-compliance during pandemic disruption prevented penalty for a technical default by an educational trust.
    August 8, 2026   Case Laws Income Tax
    Charitable trust exemption survives section 13 violations except to the extent income benefits specified persons or trustees.
    August 8, 2026   Case Laws Income Tax
    Balance-sheet reclassifications do not create taxable income without a profit-and-loss debit, deduction claim, or established charging basis.
    August 8, 2026   Case Laws Income Tax
    Bona fide deduction claims and unspecified penalty notices prevent under-reporting penalty under section 270A.
    August 8, 2026   Case Laws Income Tax
    Permanent establishment requirements were unmet, so offshore supply and repair receipts remained outside Indian taxation under the treaty.

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      Home› Highlights › Income Tax › 2017 › May, 2017 › This
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      Income Tax

      Capital gain - partnership firm - conversion from investment...

      Court Rules Share Transfer to Partners Not Tax Avoidance; Section 45(4) Income Tax Act Not Applicable.

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      Income TaxMay 8, 2017Case LawsHC
      Capital gain - partnership firm - conversion from investment into stock in trade of shareholding - Firm transferred the shares as loss to partners and adjusted its profit - partners transferred the shares at profit and adjusted against their loss - tax avoidance or not - No additions - Section 45(4) is not attracted - HC
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