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    July 8, 2026   CircularsCustoms
    SCMTR transitional period extended until June 2026, with electronic filing of complete and correct cargo declarations continuing.
    July 8, 2026   CircularsIncome Tax
    Safe harbour for rough diamonds in SNZs clarified: strict raw-diamond criteria, no deductions, and TDS applies.
    July 8, 2026   CircularsCustoms
    Anti-dumping duty and provisional guarantee apply to Glufosinate imports from China PR pending absorption review.
    July 8, 2026   Case LawsGST
    Writ jurisdiction deferred to statutory appeal, with delay condonation and interim protection against recovery
    July 8, 2026   Case LawsGST
    Contractual reimbursement of incremental GST cannot override statutory GST returns, interest, penalty or limitation rules
    July 8, 2026   Case LawsGST
    Input tax credit denial set aside where genuineness of supply required further examination and hearing was inadequate.
    July 8, 2026   Case LawsGST
    Additional ITC anti-profiteering analysis upheld on project-wise methodology, recipient-specific restitution, interest, and no retrospective penalty.
    July 8, 2026   Case LawsIncome Tax
    Reason to believe for reassessment fails where reopening rests on sister-concern material and presumed on-money sales.
    July 8, 2026   Case LawsIncome Tax
    Unabated search assessments require incriminating material; foreign account additions also fail without proof of ownership by the Revenue.
    July 8, 2026   Case LawsIncome Tax
    Revision in limited scrutiny requires an assessment order to be both erroneous and prejudicial to Revenue.
    July 8, 2026   Case LawsIncome Tax
    Concurrent findings of fact in search assessment additions can bar a substantial question of law under Section 260A.
    July 8, 2026   Case LawsIncome Tax
    MAT book profit cannot be reduced for revaluation depreciation merely because the auditor noted selective revaluation.
    July 8, 2026   Case LawsIncome Tax
    Charitable registration cancellation: limitation and jurisdiction upheld, but withdrawal quashed under discontinued provisions for skill-development e...
    July 8, 2026   Case LawsIncome Tax
    Reassessment invalid for non-supply of relied-upon material, third-party papers, and time-barred reopening proceedings in reassessment.
    July 8, 2026   Case LawsIncome Tax
    Remand report acceptance bars notional interest and trade payable additions, with ad hoc expense disallowances deleted.
    July 8, 2026   Case LawsIncome Tax
    TDS credit cannot be denied for wrong-PAN deduction when tax was deducted and deposited on commission agent's behalf.
    July 8, 2026   Case LawsIncome Tax
    Transfer pricing comparables in market research services turn on functional similarity and DRP-compliance remand issues.
    July 8, 2026   Case LawsIncome Tax
    Public charitable trust taxation: absence of beneficiary shares does not justify maximum marginal rate; normal AOP rates apply.
    July 8, 2026   Case LawsIncome Tax
    Borrowed satisfaction and penny stock additions failed where share transactions were documented and no assessee-specific material existed
    July 8, 2026   Case LawsIncome Tax
    Share premium taxation turns on receipt year and excess over fair market value, with DCF valuation accepted.
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    July 8, 2026   Circulars Customs
    SCMTR transitional period extended until June 2026, with electronic filing of complete and correct cargo declarations continuing.
    July 8, 2026   Circulars Income Tax
    Safe harbour for rough diamonds in SNZs clarified: strict raw-diamond criteria, no deductions, and TDS applies.
    July 8, 2026   Circulars Customs
    Anti-dumping duty and provisional guarantee apply to Glufosinate imports from China PR pending absorption review.
    July 8, 2026   Case Laws GST
    Writ jurisdiction deferred to statutory appeal, with delay condonation and interim protection against recovery
    July 8, 2026   Case Laws GST
    Contractual reimbursement of incremental GST cannot override statutory GST returns, interest, penalty or limitation rules
    July 8, 2026   Case Laws GST
    Input tax credit denial set aside where genuineness of supply required further examination and hearing was inadequate.
    July 8, 2026   Case Laws GST
    Additional ITC anti-profiteering analysis upheld on project-wise methodology, recipient-specific restitution, interest, and no retrospective penalty.
    July 8, 2026   Case Laws Income Tax
    Reason to believe for reassessment fails where reopening rests on sister-concern material and presumed on-money sales.
    July 8, 2026   Case Laws Income Tax
    Unabated search assessments require incriminating material; foreign account additions also fail without proof of ownership by the Revenue.
    July 8, 2026   Case Laws Income Tax
    Revision in limited scrutiny requires an assessment order to be both erroneous and prejudicial to Revenue.
    July 8, 2026   Case Laws Income Tax
    Concurrent findings of fact in search assessment additions can bar a substantial question of law under Section 260A.
    July 8, 2026   Case Laws Income Tax
    MAT book profit cannot be reduced for revaluation depreciation merely because the auditor noted selective revaluation.
    July 8, 2026   Case Laws Income Tax
    Charitable registration cancellation: limitation and jurisdiction upheld, but withdrawal quashed under discontinued provisions for skill-development entity
    July 8, 2026   Case Laws Income Tax
    Reassessment invalid for non-supply of relied-upon material, third-party papers, and time-barred reopening proceedings in reassessment.
    July 8, 2026   Case Laws Income Tax
    Remand report acceptance bars notional interest and trade payable additions, with ad hoc expense disallowances deleted.
    July 8, 2026   Case Laws Income Tax
    TDS credit cannot be denied for wrong-PAN deduction when tax was deducted and deposited on commission agent's behalf.
    July 8, 2026   Case Laws Income Tax
    Transfer pricing comparables in market research services turn on functional similarity and DRP-compliance remand issues.
    July 8, 2026   Case Laws Income Tax
    Public charitable trust taxation: absence of beneficiary shares does not justify maximum marginal rate; normal AOP rates apply.
    July 8, 2026   Case Laws Income Tax
    Borrowed satisfaction and penny stock additions failed where share transactions were documented and no assessee-specific material existed
    July 8, 2026   Case Laws Income Tax
    Share premium taxation turns on receipt year and excess over fair market value, with DCF valuation accepted.

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      Home› Highlights › GST › 2025 › January, 2025 › This
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      GST

      Excess stock found during survey cannot lead to proceedings u/s...

      High Court Rules Excess Stock Does Not Justify Section 130 Action; Opt for Tax Proceedings u/ss 73 or 74.

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      GSTJanuary 10, 2025Case LawsHC
      Excess stock found during survey cannot lead to proceedings u/s 130 of UPGST Act against registered dealer. As per HC, in cases of excess stock, tax determination proceedings u/ss 73 or 74 of UPGST Act are applicable instead of Section 130. Relying on precedent, HC quashed impugned orders initiating action u/s 130 for excess stock and allowed petition.
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