MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (Department of Information Technology) NOTIFICATION New Delhi, the 17th March, 2003 G.S.R. 221(E)- In exercise of the powers conferred by clauses (r) of sub-section (2) of Section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules regulating the terms and conditions of the service of the Presiding Officer, namely: - 1. Short title and commencement :- (a) These rul... ... ...

SHRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) For the Revenue : Shri Gitesh Kumar (Sr. DR)) For the Assessee : Shri K.P. Dewani (AR ) ORDER PER RAM LAL NEGI, JM This is a recalled matter. The revenue's appeal ITA No. 379/Nag/2014 was decided by this Bench of the Tribunal vide order dated 04.12.2015. Subsequently, the revenue filed miscellaneous application bearing MA No. 22/Nag/2016 with a prayer to decide ground No 3 and 4 raised by the revenue, which had not been adjudicated... ... ...

MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY (Department of Information Technology) NOTIFICATION New Delhi, the 27th October, 2009 G.S.R. 782 (E).- In exercise of the powers conferred by clause (za) of sub-section (2) of section 87, read with sub-section (3) of section 69B of the Information Technology Act 2000 (21 of 2000), the Central Government hereby makes the following rules, namely :- 1. Short title and commencement.- (1) These rules may be called the (2) They s... ... ...

SHRI SANDEEP GOSAIN, JM AND SHRI ARUN KHODPIA, AM For the Revenue : Shri PiyushKolhe (CIT-DR) For the Assessee : Shri K.P. Dewani (Adv.) ORDER PER: SANDEEP GOSAIN, J.M. These three appeals have been filed by the Department against three different orders of the ld. CIT(A)-II, Nagpur dated 26-03-2014, 28-03-2014 and 31-03-2014 for the assessment years 2008-09, 2009-10 and 2010-11 respectively. The grounds of appeal raised by the Department in different assessment years are as under ... ... ...

TNVAT's inclusive definition of manufacture covers the production, extraction and processing involved in lignite mining, including removal of overburden, excavation, conveyance and stacking. Capital goods used to produce lignite for taxable sale qualify for input tax credit. Credit is, however, restricted to the proportion attributable to taxable lignite sales and is unavailable where lignite is used to generate exempt electricity. A pre-existing clarification allowing concessional treatment for relevant mining operations continues under the savings provision where it is not inconsistent with TNVAT provisions.

Listed Central Excise and service-tax appeals filed on or after 1 July 2017, concerning acts done or omissions made before the Central Goods and Services Tax Act, 2017 came into force, are assigned to specified Central Excise Officers. Each appeal is identified by appeal number, assessee and registration particulars. The assignments are made under the Central Excise Rules, Service Tax Rules and transitional saving clauses of the Central Goods and Services Tax Act, 2017, enabling the designated officer to pass the applicable Orders-in-Appeal under the Central Excise Act or the Finance Act.

Appeals filed on or after 1 July 2017 under the Central Excise Act, 1944, or the Finance Act, 1994, are reassigned to identified Central Excise Officers for passing Orders-in-Appeal. The arrangement applies to matters done or omitted before commencement of the Central Goods and Services Tax Act, 2017. Annexure particulars identify the appeals and the corresponding officer exercising appellate jurisdiction.

Public-access blocking of information hosted on computer resources may be directed where a request falls within the grounds specified in section 69A of the Information Technology Act, 2000. Complaints are routed through organisational Nodal Officers, and the Designated Officer examines requests through a committee, provides identifiable hosts an opportunity to respond where feasible, and submits recommendations for approval by the Secretary, Department of Information Technology. Emergency interim blocking may proceed without a hearing but requires prompt committee consideration and a final decision. Intermediaries must maintain designated contacts and comply with issued directions.

Identified legacy Central Excise and Service Tax appeals filed on or after 1 July 2017 in Kolkata Zone are reassigned to specified Central Excise Officers for appellate disposal. The reassignment is made under the Central Excise Rules, Service Tax Rules, and the transitional saving provision under the Central Goods and Services Tax Act, partially modifying the earlier administrative allocation. Designated officers must pass Orders-in-Appeal under the applicable Central Excise or Service Tax appellate provision.

Written complaints containing definite charges of misbehaviour or incapacity must undergo preliminary scrutiny by the Central Government. Where investigation is necessary, a designated Committee may record evidence, collect material, and submit findings to the President. If reasonable grounds for inquiry exist, a Supreme Court Judge is appointed to conduct it, while the concerned Chairperson or Member receives notice, relevant materials, and a reasonable opportunity to submit a written defence. The inquiry follows natural justice, permits medical examination in incapacity matters, and may be accompanied by suspension.

Alleged bogus purchases are not fully taxable where the underlying purchases are not wholly fictitious, even if suppliers differ from those recorded in the books. Taxable income is limited to the profit element embedded in such purchases rather than the full purchase price. The addition is confined to 12.5% of the alleged purchases as the estimated embedded profit, notwithstanding repeated non-compliance during assessment and first appellate proceedings.

Salary and allowances of the Chairperson and Members correspond to those of a Secretary to the Government of India, including associated benefits. For appointees drawing or entitled to retirement benefits, pay is reduced by the gross amount of pension, employer contributions or other retirement benefits. Serving judges and Indian Legal Service members receive pension credit under their parent service and General Provident Fund coverage; other appointees are governed by the Contributory Provident Fund. Leave, travel, medical, housing and conveyance facilities follow specified central-service equivalences.

Salary and allowances of the Cyber Appellate Tribunal Chairperson and Members are made equivalent to those admissible to a Secretary to the Government of India, including associated benefits. Where the Chairperson is a retired Supreme Court or High Court Judge, pay is reduced by pension, Contributory Provident Fund contributions, or other retirement benefits drawn or receivable, and service conditions follow applicable Ministry of Finance instructions. Members retired from Central or State Government service are subject to an equivalent reduction in pay for retirement benefits.

The Index of Services Production is proposed to expand beyond its initial formal-sector coverage, which relies on high-frequency administrative data and GST outward-supplies data. Education, Human Health and Residential Care, and Public Administration and Defence are proposed for inclusion. Their incorporation would increase coverage of services-sector Gross Value Added and support aggregation of sub-sectoral indices into a unified measure of short-term services-sector movements. Stakeholder views are invited on the proposed methodology.

Intelligence-led customs enforcement targeted cross-border gold smuggling through surveillance and interception of four persons travelling from a border route. Personal searches recovered foreign-origin gold biscuits concealed in specially tailored cloth waist belts. Seventy-two gold biscuits were seized under relevant provisions of the Customs Act, 1962, and the four persons were arrested. Investigation continues into organised networks and wider syndicates involved in the movement and distribution of smuggled gold.

Section 10(2A) provides a residual composition levy for eligible service providers and mixed suppliers who cannot enter the conventional composition scheme. Eligibility depends on PAN-level aggregate turnover within the prescribed ceiling, collective election by all registrations under the PAN, and continuous compliance during the year. The combined 6% tax applies to turnover of supplies rather than profit, while composition taxpayers cannot collect tax separately or claim input tax credit. Inter-State outward supplies and platform-based services through specified electronic commerce operators remain restricted, and reverse-charge tax continues at regular rates.

Section 118 enables the Board to establish administrative subordination among income-tax authorities based on functional jurisdiction, territorial jurisdiction and assigned work. The hierarchy runs from the Central Board of Direct Taxes through principal, director, commissioner, deputy, assistant, officer, recovery and inspector levels. The amended appellate arrangement places Joint Commissioners (Appeals) and Additional Commissioners (Appeals) under Principal Chief Commissioners and Chief Commissioners. Administrative control cannot dictate a particular assessment or case disposal and must preserve the discretion of first appellate authorities.

Reasoned decision-making in GST adjudication requires quasi-judicial authorities to give cogent, clear and succinct reasons, based on relevant material and free from extraneous considerations. This safeguard of natural justice restrains arbitrary power, promotes transparency and accountability, and enables judicial review. Original adjudication and first appeals should address deficiencies in reasoning rather than shift substantive correction to later appellate review.

Registration of a right holder's notice is the condition that makes allegedly infringing imports deemed prohibited and supports the ordinary suspension of clearance. A bare complaint does not suffice. Customs may initiate an ex officio suspension on prima facie evidence or reasonable grounds, but prompt reasons must be communicated and the right holder must comply with notice and bond requirements within five days. General importer-protection and Customs indemnity bonds, together with consignment-specific security, support continued detention. Failure to join proceedings or satisfy applicable bonds and time limits requires clearance, subject to other import conditions.

Audit findings may identify discrepancies and support further action, but they do not create an enforceable tax liability. A show-cause notice initiates statutory adjudication, in which the taxpayer may contest the proposed demand through records, evidence and legal submissions. Rule 101(4) requires genuine consideration of the audit reply, though a brief response does not by itself establish complete non-consideration. The Adjudicating Authority must independently examine limitation, computation, audit scope, the legal basis of the demand, and whether a Form GST DRC-03 payment was voluntary or lawfully appropriable.