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October 14, 2026   Circulars FEMA
INR non-deliverable derivatives now require hedging purpose, while Authorised Dealers must maintain foreign exchange risk reserves.
October 14, 2026   Circulars Customs
RoDTEP scroll eligibility resumes after Annual RoDTEP Return compliance and ICES alert revocation for affected Shipping Bills.
October 14, 2026   Notes Income Tax
Subsisting judicial restraint shields employers from Section 201 default for LTC payments during the restraint period.
October 14, 2026   Notes GST
Mandatory detention deadlines invalidate late GST penalty proceedings despite later confiscation action and protect hearing and appeal rights.
October 14, 2026   Notes GST
Inverted-duty refunds may include higher-tax packing-material credit where qualifying inputs cause accumulation despite principal-input rate parity.
October 14, 2026   Notes Customs
Country-of-origin certificate verification must be consignment-specific; unrelated adverse findings cannot defeat preferential customs duty claims without supporting evidence.
October 14, 2026   Notes GST
GST offence classification determines whether arrest and bail restrictions apply, while continued custody requires an individualised necessity assessment.
October 14, 2026   Notes GST
GST electronic authentication requires a prescribed signature; portal upload, DRC summaries, reference numbers and DIN cannot validate unsigned demand instruments.
October 14, 2026   Notes IBC
Cross-assignment suspension of insolvency professionals faces proportionality and hearing limits, while creditor committees retain replacement decisions.
October 14, 2026   Notes Money Laundering
Equivalent-value attachment under the PMLA may reach pre-offence assets when proceeds vanish, subject to recorded reasons and demonstrable risk.
October 14, 2026   Notes Customs
Proper-officer jurisdiction under customs law permits assigned officers to issue recovery notices without being original assessors.
October 14, 2026   Notes Income Tax
Dependent-agent PE requires habitual authority to negotiate and conclude contracts, not customer-facing liaison or group dependence.
October 14, 2026   Case Laws GST
GST pre-deposit shortfalls require notice and a hearing before appeal dismissal, with investigation deposits considered.
October 14, 2026   Case Laws GST
Omission without a saving clause invalidates pending GST proceedings founded solely on an omitted rule.
October 14, 2026   Case Laws GST
Contractual GST recovery depends on tender terms; a GST-inclusive fee does not permit separate collection or reimbursement.
October 14, 2026   Case Laws GST
Statutory GST appellate remedy governs cross-examination disputes, leaving the necessity of examining revenue officers for appellate merits review.
October 14, 2026   Case Laws GST
Concurrent GST proceedings invalidate later State adjudication, while denial of hearing requires fresh Central adjudication.
October 14, 2026   Case Laws GST
GST appeal limitation begins with valid communication, not portal upload alone, requiring merits consideration after remand.
October 14, 2026   Case Laws GST
Statutory limits on GST appeal delays prevent excess condonation, while restored registrations can render departmental challenges infructuous.
October 14, 2026   Case Laws GST
Separate e-way bills may establish additional outward supplies where taxpayers cannot prove uninterrupted consignment movement.

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Home › Highlights › Income Tax › 2023 › January, 2023 › This
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Income Tax

Income accruing or arising in India - dividend on IDR - The...

Tribunal Rules Morgan Stanley IDR Dividends Not Taxable in India Under India-Mauritius DTAA Article 22.

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Income Tax January 28, 2023 Case Laws AT
Income accruing or arising in India - dividend on IDR - The Tribunal, in case Morgan Stanley Mauritius Co Ltd. [2021 (5) TMI 968 - ITAT MUMBAI], after examining the transaction concluded that the taxability of IDR dividends fail in the light of India – Mauritius DTAA –Article 22. - AT
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