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September 29, 2026   Case Laws Indian Laws
Statutory appellate jurisdiction cannot be remitted to an Arbitral Tribunal; parties may instead seek independent interim measures.
September 29, 2026   Case Laws Indian Laws
Agricultural produce classification excludes manufactured rice bran products, invalidating market-fee treatment while core market-law amendments remain valid.
September 29, 2026   Case Laws Indian Laws
Revisional Review of Concurrent Cheque Dishonour Convictions Is Limited Absent Perversity, Illegality or Miscarriage of Justice
September 28, 2026   Circulars IBC
Delayed liquidation form filings attract monthly fees and GST when submitted after the applicable due date.
September 28, 2026   Circulars Customs
Preferential tariff origin claims under India-UK CETA proceed on valid Origin Declarations, without mandatory Form-I submissions.
September 28, 2026   Circulars Customs
Mandatory textile export qualifiers distinguish flame-retardant fabrics from other listed fabrics for automated identification under the textiles incentive scheme.
September 28, 2026   Circulars Customs
DPD container clearance period excludes Sundays and customs-port holidays, extending effective clearance time before CFS transfer.
September 28, 2026   Circulars Customs
Risk-based vessel boarding links customs inspections to advance profiling while preserving declaration and onboard-store accountability.
September 28, 2026   Circulars Customs
Inter-CFS LCL export cargo movement permitted subject to post-LEO sealing, supervised consolidation, custody safeguards, and shipment controls.
September 28, 2026   Circulars Customs
Mandatory customs sampling for AQCS-referred imports blocks Bill of Entry clearance until samples are drawn and dispatched.
September 28, 2026   Circulars FEMA
GOI-supported Line of Credit enables eligible Indian exports for Maldives projects subject to domestic sourcing and export conditions.
September 28, 2026   Case Laws GST
Personal liberty safeguards restrict arrest after court-directed GST appearance, requiring interim release where authorities overreach pending proceedings.
September 28, 2026   Case Laws GST
Alternative statutory remedy and delay bar GST writ challenges despite pending rectification, while distinct subject matter permits parallel proceedings.
September 28, 2026   Case Laws GST
Post-death GST liability remains recoverable from estate assets, while retained investigation deposits require a lawful basis and hearing.
September 28, 2026   Case Laws GST
GST registration cancellation requires a fair opportunity to produce evidence; unrelated input tax credit demands require separate notice.
September 28, 2026   Case Laws GST
Overlapping GST proceedings bar consolidated demands for periods already covered by State tax action and require fresh determination.
September 28, 2026   Case Laws GST
Effective service of rectification notices is essential before rejecting inverted-duty GST refunds, requiring fresh hearing on remand.
September 28, 2026   Case Laws GST
Erroneous refund recovery permits statutory interest on excess inverted-duty ITC refunds despite unchallenged sanction orders and principal repayment.
September 28, 2026   Case Laws Income Tax
Section 132B release requires timely disclosure of seized cash's nature and source; established ownership alone does not compel release.
September 28, 2026   Case Laws Income Tax
Change-of-opinion reassessment of employment deduction fails without fresh tangible material, invalidating the reopening process entirely.

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

Reopening of assessment - bogus long-term capital gain has...

Reopening Assessments: Substance Over Form in Recorded Reasons for Escaped Long-Term Capital Gains.

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Income Tax November 6, 2023 Case Laws AT
Reopening of assessment - bogus long-term capital gain has escaped assessment - Scope of the reasons recorded by the AO - The reasons are to be seen in its substance. If there is some error in mentioning some information which is not so fatal, then, on trivial matters, the reasons recorded cannot be held to be invalid or nonapplication of mind cannot be inferred. - AT
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