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    August 8, 2026   Case LawsIBC
    Reasoned fraud classification requires disclosed application of mind, while adequate prior opportunity satisfies natural justice requirements.
    August 8, 2026   Case LawsIBC
    Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
    August 8, 2026   Case LawsMoney Laundering
    Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
    August 8, 2026   Case LawsService Tax
    Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
    August 8, 2026   Case LawsService Tax
    Original works valuation applies to showroom fit-outs, while forfeited purchase advances and fire-loss reimbursements are not taxable services.
    August 7, 2026   NotificationsCustoms
    Anti-dumping duty on Phthalic Anhydride imports from China and Korea continues following sunset review to prevent continued dumping.
    August 7, 2026   CircularsDGFT
    Tariff rate quota applications under the India-UK trade agreement receive an extended online submission deadline for 2026.
    August 7, 2026   CircularsCustoms
    Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
    August 7, 2026   Case LawsGST
    Interest on self-assessed tax must be determined before garnishee recovery where Electronic Cash Ledger adjustment representations remain undecided.
    August 7, 2026   Case LawsGST
    GST search safeguards require clear authorisation, verifiable DIN compliance, and genuinely voluntary pre-notice tax payments before recovery.
    August 7, 2026   Case LawsGST
    Retention of seized GST documents requires valid authorisation; withdrawal removes the basis for retention and requires their return.
    August 7, 2026   Case LawsGST
    Alternative statutory remedy restricts GST writ challenges unless specific natural justice prejudice establishes an exceptional case.
    August 7, 2026   Case LawsGST
    GST registration restoration for a genuine address discrepancy was granted subject to payment of applicable charges, late fees and penalty.
    August 7, 2026   Case LawsGST
    Alternative GST remedy prevails where demand disputes require factual examination and alleged inspection-authorisation bias lacks supporting material.
    August 7, 2026   Case LawsGST
    Consolidated GST show cause notices remain valid, while fraud-based demand allegations require factual adjudication through statutory remedies.
    August 7, 2026   Case LawsGST
    Instalment payment of admitted GST liability requires application to the Commissioner, who must consider the request under law.
    August 7, 2026   Case LawsGST
    Interest on delayed GST refunds may be scrutinised without Chartered Accountant certification where only refunded principal interest is claimed.
    August 7, 2026   Case LawsGST
    Disputed factual allegations in GST fraud claims require statutory appellate review rather than writ adjudication.
    August 7, 2026   Case LawsGST
    Electronic credit ledger restrictions require review when Rule 86A conditions no longer exist, enabling consideration of unblocking applications.
    August 7, 2026   Case LawsGST
    Additional input tax credit benefit was absent, so homebuyers were not entitled to a commensurate price reduction under anti-profiteering rules.
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    August 8, 2026   Case Laws IBC
    Reasoned fraud classification requires disclosed application of mind, while adequate prior opportunity satisfies natural justice requirements.
    August 8, 2026   Case Laws IBC
    Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distribution.
    August 8, 2026   Case Laws Money Laundering
    Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides remain unresolved.
    August 8, 2026   Case Laws Service Tax
    Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly recorded.
    August 8, 2026   Case Laws Service Tax
    Original works valuation applies to showroom fit-outs, while forfeited purchase advances and fire-loss reimbursements are not taxable services.
    August 7, 2026   Notifications Customs
    Anti-dumping duty on Phthalic Anhydride imports from China and Korea continues following sunset review to prevent continued dumping.
    August 7, 2026   Circulars DGFT
    Tariff rate quota applications under the India-UK trade agreement receive an extended online submission deadline for 2026.
    August 7, 2026   Circulars Customs
    Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validity period.
    August 7, 2026   Case Laws GST
    Interest on self-assessed tax must be determined before garnishee recovery where Electronic Cash Ledger adjustment representations remain undecided.
    August 7, 2026   Case Laws GST
    GST search safeguards require clear authorisation, verifiable DIN compliance, and genuinely voluntary pre-notice tax payments before recovery.
    August 7, 2026   Case Laws GST
    Retention of seized GST documents requires valid authorisation; withdrawal removes the basis for retention and requires their return.
    August 7, 2026   Case Laws GST
    Alternative statutory remedy restricts GST writ challenges unless specific natural justice prejudice establishes an exceptional case.
    August 7, 2026   Case Laws GST
    GST registration restoration for a genuine address discrepancy was granted subject to payment of applicable charges, late fees and penalty.
    August 7, 2026   Case Laws GST
    Alternative GST remedy prevails where demand disputes require factual examination and alleged inspection-authorisation bias lacks supporting material.
    August 7, 2026   Case Laws GST
    Consolidated GST show cause notices remain valid, while fraud-based demand allegations require factual adjudication through statutory remedies.
    August 7, 2026   Case Laws GST
    Instalment payment of admitted GST liability requires application to the Commissioner, who must consider the request under law.
    August 7, 2026   Case Laws GST
    Interest on delayed GST refunds may be scrutinised without Chartered Accountant certification where only refunded principal interest is claimed.
    August 7, 2026   Case Laws GST
    Disputed factual allegations in GST fraud claims require statutory appellate review rather than writ adjudication.
    August 7, 2026   Case Laws GST
    Electronic credit ledger restrictions require review when Rule 86A conditions no longer exist, enabling consideration of unblocking applications.
    August 7, 2026   Case Laws GST
    Additional input tax credit benefit was absent, so homebuyers were not entitled to a commensurate price reduction under anti-profiteering rules.

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      Home› Highlights › GST › 2025 › February, 2025 › This
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      GST

      HC set aside tax liability determination under section 73 of...

      Input Tax Credit Claims on Mall Construction Under Section 17(5)(d) Must Consider Business Purpose of Structure

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      GSTFebruary 1, 2025Case LawsHC
      HC set aside tax liability determination under section 73 of CGST Act, 2017 and remanded for fresh consideration. The case involved ITC claims related to construction of shopping malls. Following Safari Retreats precedent, court held that 'plant or machinery' interpretation under section 17(5)(d) requires factual determination based on business context. Original order failed to consider Safari Retreats principles regarding classification of malls as plant. Issues regarding 8 invoices and ITC reporting discrepancies between GSTR-3B and GSTR-9 forms remain open for fresh examination. Matter remanded for de novo consideration incorporating Supreme Court's interpretative guidance.
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      ActsIncome Tax
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