Advanced Search Options : ❯
By: - Dr. Sanjiv Agarwal
GST arrest powers permit the Commissioner to authorise, through a written order, a Central Tax officer to arrest a person only where there is reason to believe that specified offences involving tax evasion, wrongful input tax credit, or wrongful refund have been committed. Arrest is confined to offences meeting the prescribed monetary threshold, while a person previously convicted for a specified offence may be arrested irrespective of the amount involved. The framework treats arrest as an exceptional enforcement measure requiring prior authorisation and satisfaction of statutory criteria.
By: - Raj Jaggi
Unaccounted goods must ordinarily be addressed through tax determination under Section 35(6), read with Sections 73 or 74, rather than through automatic confiscation. The proper officer must determine quantity, value, tax period, taxability, applicable rate, and the taxpayer's explanation through a notice-based adjudicatory process. Confiscation under Section 130 requires independent proof of its statutory conditions and cannot replace tax assessment. A fine in lieu of confiscation depends upon valid confiscation proceedings and cannot survive independently where that foundation is absent.
By: - YAGAY and SUN
Corporate intellectual-property strategy integrates identification, protection, ownership, commercialisation, enforcement, valuation and portfolio management with products, technology, markets and growth objectives. It begins with an IP inventory recording ownership, creation, protection status, jurisdiction, renewal requirements, commercial importance and risks. Innovation should be captured through internal disclosures before public dissemination, enabling a choice between patents, trade secrets, copyrights, trademarks, designs and contractual protection.
By: - Raj Jaggi
GST appellate pre-deposit conditions require separate satisfaction of two cumulative obligations: full payment of admitted tax and related dues, and deposit of the prescribed percentage of remaining disputed tax. A voluntary payment through a belated Form GSTR-3B return, without protest and accompanied by acceptance of related interest, retains the character of admitted self-assessed tax even if later appropriated against a confirmed demand. Payment during investigation may be considered towards disputed-tax deposit only where contemporaneous evidence establishes that it was made under protest for a liability that remained contested.
By: - DEV KUMAR KOTHARI
Section 533 confers broad Board rule-making power, subject to Central Government control, for implementing the Income-tax Act, 2025. It covers income determination, non-resident and composite income, perquisites, depreciation, anti-avoidance rules, taxpayer identification, electronic returns, reports, appeals, refunds, interest, foreign-tax relief, and prescribed procedures. Retrospective rules may operate only from the Act's commencement and cannot prejudicially affect assessees unless expressly or necessarily implied. The analysis identifies possible disputes over whether the specifically worded depreciation power supports rules for intangible assets or depreciation based on actual cost.
By: - YAGAY and SUN
Trade-secret protection safeguards commercially valuable business information that is not generally known or readily accessible and is subject to reasonable secrecy measures. Protection in India arises through contracts, confidentiality and equity principles, employment arrangements, NDAs, intellectual-property principles, and applicable information-security obligations rather than a dedicated registration regime. Businesses should identify and classify sensitive information, restrict access on a need-to-know basis, use tailored confidentiality agreements, maintain evidence of secrecy, and apply technical and physical security controls. Patent-versus-secrecy decisions should consider patentability, reverse-engineering risk, independent discovery, commercial life and the feasibility of maintaining confidentiality.
By: - YAGAY and SUN
IP commercialisation requires valuation of legal, technical and commercial factors, including ownership, protection, market demand, revenue potential, remaining life, licensing potential and enforceability. Cost, market, income and relief-from-royalty methods may be used according to the asset and available information. Licensing preserves ownership while granting defined rights, unlike assignment, which transfers ownership. Effective arrangements should define scope, territory, exclusivity, royalties, confidentiality, improvements, enforcement, audit and termination. Due diligence should address title, existing rights, third-party claims and freedom to operate, alongside competition, tax, accounting and cross-border considerations.
Police assistance costs under SARFAESI cannot be imposed on secured creditors as a possession condition.
Section 14 of the SARFAESI Act requires a District Magistrate to assist secured creditors in taking possession of secured assets and permits necessary steps, including force. Police assistance, where required, forms part of that statutory mechanism. As the provision contains no express power to recover police-assistance expenses from a secured creditor or make payment a condition for possession, a requirement to deposit such charges is unauthorised and invalid. Necessary police assistance must be provided for implementation of the possession process.
Mandatory pre-process inquiry for out-of-jurisdiction accused requires remittal, not termination, where prima facie forgery and cheating allegations persist.
Mandatory pre-process inquiry for accused residing outside a Magistrate's territorial jurisdiction requires fresh consideration before process issues; where prima facie material supports alleged forgery and cheating, the procedural defect warrants remittal rather than termination of the complaint. Inherent jurisdiction to quash criminal proceedings remains exceptional and is unavailable where evidentiary disputes, including forensic material concerning alteration of a cheque, require further scrutiny. Company officers cannot be prosecuted solely through vicarious liability unless authorised by statute, but allegations of active participation, conspiracy and criminal intent may support their continued inclusion in the complaint.
Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.
Agricultural land classified as such in revenue records and actually used for agricultural purposes falls outside taxable wealth-tax assets under Explanation 1(b) to Section 2(ea) of the Wealth-tax Act, 1957. The Finance Act, 2013 inserted this exclusion retrospectively from 1 April 1993. Where both revenue classification and actual agricultural use are satisfied, the fact that construction may not have been legally prohibited does not determine asset status under the amended definition.
Recorded Software Media Classification places pre-recorded CDs and DVDs under the lower VAT entry, not the blank-media entry.
Recorded and pre-recorded audio/video CDs and DVDs embedded with information-technology software fall within Entry 68(5)(d) of the First Schedule to the Tamil Nadu Value Added Tax Act, 2006, and attract tax at 5%, rather than the rate applicable to blank CDs and DVDs. The wording and placement of the entry distinguish software-bearing recorded media from blank media. Applying noscitur a sociis, recorded media take their character from the related software provisions. Administrative clarifications and consistent assessments of comparable goods support this classification.
Input tax credit remains available when genuine purchases and goods movement are proven despite supplier tax default.
Input tax credit cannot be denied solely because the selling dealer failed to remit tax or filed nil returns where the purchasing dealer establishes genuine transactions and movement of goods. Supporting transaction records, including e-sugam documentation, sufficiently discharge the purchaser's burden of proof under the Karnataka Value Added Tax Act. Once purchases are substantiated, the supplier's tax default alone does not justify rejecting the purchaser's input tax credit claim.
Manufacturing-use concession covers precision instruments unless they are plant and machinery, while non-concessional imported goods face higher tax.
Imported precision instruments classified under Parts D or E fall within the higher-rate entry for other imported goods where no concessional declaration is available; a restrictive interpretation limiting that entry to specifically named goods is unsustainable. The concessional rate for goods used in manufacture applies to any goods used within the State, including manufacturing aids and consumables, unless they constitute excluded plant and machinery. Precision instruments sold against Form XVII for manufacturing use therefore qualify for the concessional rate, while imported instruments otherwise remain subject to the higher rate.
Post-Closure Cenvat Credit Refunds Must Meet Statutory Limitation and Cannot Use the Pre-Deposit Refund Procedure
Post-closure refunds of accumulated unutilized Cenvat credit must be claimed through the statutory refund mechanism and within the limitation period under Section 11B, calculated from surrender of excise registration where the claim arises on factory closure. A delayed claim is time-barred and not refundable. Form-R under Section 35F is available only for refund of a pre-deposit; accumulated unutilized Cenvat credit is not a pre-deposit and cannot be recovered through that procedure. Consequently, a post-closure claim filed through Form-R cannot secure refund of such credit.
Movable telecom towers support CENVAT credit and preserve related service credits and SEZ exemption for mobile operators.
Telecom towers and pre-fabricated shelters that are dismantlable, relocatable and saleable despite bolted attachment for operational stability are movable goods. As accessories to BTS and antennas, and as inputs used to provide mobile telecommunication services, they qualify for CENVAT credit. Erection, commissioning and associated site services maintain a direct nexus with output services and qualify as input services. Later restrictions on personal-use outdoor-catering credit do not apply to earlier periods and do not extend to certain specified services. Mobile services supplied to SEZ subscribers remain eligible for SEZ exemption despite possible use outside the SEZ, supported by the overriding SEZ Act framework.
Cenvat credit remains available for capital goods used to manufacture plant and machinery embedded permanently to earth.
Cenvat credit on capital goods used to manufacture plant or machinery embedded to earth remains available even where the resulting plant or machinery is immovable property. Capital goods do not lose credit eligibility solely because their use results in an immovable installation. The applicable materially similar precedent supports this treatment, and the immovable character of the finished plant or machinery does not independently justify denial of Cenvat credit.
Statutory service requirements determine appeal limitation, while a filing deadline falling Sunday extends to the next working day.
Service of Customs appellate orders through registered post or speed post with acknowledgement due is required for limitation to commence. A Document Identification Number authenticates an order but does not establish its electronic upload or valid service. Where prescribed service was not proved, limitation for second appeals ran from actual receipt, making the appeals timely. Where the final day for filing first appeals fell on a Sunday, the Limitation Act permitted filing on the next working day, so the first appeals remained maintainable. The demands require determination on merits at the first appellate stage.
Service classification disputes on taxability follow the exclusive appellate route prescribed for assessment-related questions under the Central Excise framework.
Sections 35G and 35L of the Central Excise Act establish mutually exclusive appellate routes. Section 35G excludes questions concerning the rate of duty or valuation for assessment, while Section 35L directs questions of taxability or excisability connected with assessment to the Supreme Court. Classification of services as falling outside Goods Transport Agency service concerns service taxability and assessment. Consequently, an appeal challenging that classification does not lie before the High Court under Section 35G and must be pursued before the Supreme Court under Section 35L.
Refund exemption compliance distinguishes condonable Form EXP2 filing lapses from mandatory shipping-bill endorsement of foreign-agent commission.
Under Notification No. 18/2009-ST, non-submission of Form EXP2 does not by itself defeat a service tax refund where the prescribed information is otherwise available in the records. Form EXP2 is treated as a procedural filing requirement capable of condonation, rather than a substantive condition of exemption. In contrast, endorsement of foreign-agent commission in shipping bills is a substantive requirement. Refund is admissible for shipping bills bearing that endorsement. For unendorsed shipping bills, entitlement depends on verification of the explanation for non-endorsement, the agency agreement, and remittance evidence linked to the relevant exports.
Reverse-charge liability for foreign-bank charges fails without proof that the exporter received identified taxable services.
Reverse-charge liability for foreign-bank charges under the Service Tax Rules and Finance Act arises only where the Indian exporter is proved to be the recipient of an identified taxable service through privity of contract or an equivalent service relationship. Charges ultimately borne by the exporter do not alone establish recipient status; for collection of export proceeds, the Indian bank may instead receive the foreign bank's service. A composite demand that does not separately identify overseas commission and banking services is unsustainable. Extended limitation and equal penalty require evidence of suppression or mala fide intent and are unavailable where audit records disclosed the facts and revenue neutrality exists.