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By: - DEV KUMAR KOTHARI
Section 5 of the Income-tax Act, 2025 substantially retains the scope-of-total-income framework under the Income-tax Act, 1961. Residents are taxable on Indian receipts, Indian accruals, and foreign accruals, subject to the restricted inclusion of foreign income for persons who are not ordinarily resident. Non-residents are taxable on Indian receipts and Indian accruals. Foreign income is not deemed received merely because it appears in an Indian balance sheet, and income included on accrual cannot be included again on receipt.

Article By: - Raj Jaggi Dated:- 30-9-2026
Got 2 Replies
Other Topics
Appropriate workplace humour can coexist with serious professional purpose, enabling proportionate responses to mistakes, pressure and disagreement without reducing responsibility. In leadership, self-aware and respectful humour may reduce psychological distance, encourage candid feedback and timely disclosure of problems, and strengthen trust and psychological safety. It must not become sarcasm, ridicule, personal insult or humour directed at characteristics or mistakes of persons with less power. Its value depends on context, restraint, authenticity and whether it preserves every participant's dignity. Professional achievement is strengthened by humility, emotional accessibility, gratitude and the ability to remain connected to colleagues and family.

By: - YAGAY and SUN
The PCT provides a unified international patent-filing route that preserves foreign filing options while deferring many country-specific decisions and expenses. It does not grant an international patent; enforceable rights arise only after national or regional examination and grant. Indian corporates should file within the priority period, ensure ownership, confidentiality and inventor details, and comply with Section 39 requirements before foreign filing where applicable. International search results and written opinions provide non-binding patentability information, while national-phase entry, freedom-to-operate analysis and portfolio management remain necessary.

The Refund Survives; Only the Arithmetic Returns
Articles Goods and Services Tax - GST
By: - Raj Jaggi
Inverted-duty GST refund eligibility under Section 54(3)(ii) depends on whether unutilised input tax credit arises because eligible inputs bear higher tax rates than outward supplies. Higher-taxed chemicals, dyes, reagents and consumables used in processing lower-taxed fabric must be considered; a common HSN classification or the status of an input as non-principal does not negate rate inversion. Circular No. 135/05/2020-GST concerns identical goods sold at lower rates after a rate reduction, not multi-input processing. Once appellate eligibility is finally decided, verification and calculation under Rule 89(5) are consequential, not a remand.

By: - YAGAY and SUN
Registrability depends substantially on novelty or originality, visual character, application to a relevant article, and absence of excluded subject matter. Prior publication or disclosure can affect registration, including disclosure through existing products, catalogues, websites, e-commerce platforms, trade fairs, advertisements, social-media posts, databases, and earlier commercial activity. Businesses should conduct prior-design searches, maintain confidentiality, restrict prototype access, use appropriate confidentiality arrangements, and file before public disclosure. Companies using employee, consultant, or external designer contributions should secure ownership, assignment, confidentiality, registration, and prototype-use rights through clear written arrangements.

By: - YAGAY and SUN
Trademark registration requires selection of a distinctive and adequately represented mark, a search for identical or deceptively similar earlier marks, and precise identification of goods or services under the appropriate Nice class or classes. The proprietor files Form TM-A with applicant, mark, specification, use and supporting details as applicable. Registry examination may lead to objections, replies and a hearing. Accepted applications are published for a four-month opposition period; registration then remains subject to statutory conditions, renewal every 10 years and restrictions on using the (r) symbol before registration.

2018 (12) TMI 2044
Case Laws Customs
Departmental circular applicability to a show-cause notice required factual clarification before its validity could be determined.
Prima facie applicability of the departmental circular to the impugned show-cause notice required the respondent authority to explain the notice's factual allegations. A further affidavit was invited before determining whether the notice could survive in light of the circular, and the matter was listed for further hearing. The allegations therefore remained subject to factual clarification at the interlocutory stage.

Circular No. Public Notice No. 117/2026 Dated:- 28-9-2026 Trade Notice Dated:- 28-9-2026 Trade Notic...
Standard operating procedure for cargo movement between JNPT port terminals and GDL's designated ICD/CFS facilities permits movement of domestic containers/customs-cleared cargo with EXIM cargo, subject to the Customs Act, 1962, HCCAR, 2009 and applicable instructions. Domestic and EXIM cargo require segregation, prior intimation, container and seal verification, restricted processing after discrepancies, and weekly reconciliation. At least 50% of outbound cargo must be EXIM cargo, with Customs retaining powers of random verification and examination.

Notification No. 132/2026 Dated:- 29-9-2026 Income-Tax Act, 2025
Approval under section 45(4)(b) is granted to Jai Research Foundation for scientific research as a Research Association for tax years 2026-2027 through 2030-2031. The approval is subject to compliance with rule 33. For each tax year in which donations are received, the Foundation must submit a Form No. 15 statement by 31 May immediately following that tax year and furnish donors Form No. 16 certificates specifying donation amounts.

Eligibility for an inverted duty structure refund on cotton yarn depends on factual verification of whether the claimant manufactured yarn using cotton fibre, packing materials and consumables, or merely traded in yarn. Documentary examination must establish the nature of the activity before refund eligibility is determined. Refund-rejection and appellate orders were quashed, with the claims remitted for factual verification and fresh final orders.

Reliance on a previously quashed departmental circular could not sustain rejection of an inverted-duty refund claim for cotton-yarn clearances. High Court quashed the appellate order because it rested on that circular and required fresh examination of the inputs procured and their use in manufacturing and clearing cotton yarn before refund eligibility could be determined. The refund claims were remitted for fresh examination, with refund to be granted if eligibility is established.

Transitional input tax credit claimants could file or revise Form GST TRAN-1 and TRAN-2 within the extended window available to aggrieved registered assessees. Claims filed or revised through that facility remain subject to verification on merits after a reasonable opportunity is provided. The extended mechanism therefore preserves access to transitional credit claims while requiring substantive verification before credit is granted.

Statutory personal hearing under GST requires a real and effective opportunity where a taxable person requests a hearing before an adverse adjudication. Failure to provide a post-reply hearing vitiates the original adjudication and requires fresh consideration. A reasoned order must address the taxpayer's explanation, relevant facts, evidentiary basis, and grounds for inferring an additional taxable supply; a bare rejection of the reply is insufficient. Non-cancellation of a duplicate e-way bill is a material but non-conclusive circumstance, requiring cumulative assessment with primary evidence and surrounding facts. Following amendment, pre-show-cause intimation is enabling, so its non-issuance does not independently require remand.

Reasoned and speaking appellate orders require consideration of the appellants' material grounds and cited authorities; a bare affirmation of original orders in identical terms fails to exercise appellate jurisdiction. Where original adjudication proceeded ex parte and objections concerning notice, relied-upon documents, and personal hearing remain unexamined, remand preserves the effective appellate remedy rather than a merits decision at the appellate stage. The appellate and original orders were set aside, with fresh adjudication requiring identification and availability of relied-upon documents, reasonable time to reply, an effective personal hearing, and reasoned orders.

2026 (9) TMI 2070
Case Laws Central Excise
Appellate jurisdiction excludes intermediary-service and export-of-service determinations when taxability, classification, excisability, or valuation are directly involved.
Sections 35G and 35L of the Central Excise Act, 1944 allocate appellate jurisdiction by excluding High Court appeals involving questions related to the rate of duty or value for assessment. Taxability and excisability fall within that excluded category. Determinations of whether services constitute intermediary services or qualify as exports of services may involve service classification, excisability and valuation for assessment. Appeals raising those issues must therefore be pursued before the Supreme Court under Section 35L rather than before the High Court.

2026 (9) TMI 2071
Case Laws Central Excise
Appellate forum allocation for service-taxability disputes excludes statutory appeals over intermediary and export-service characterisation at the incorrect forum.
Appeals under Section 35G of the Central Excise Act exclude disputes concerning the rate of duty or value for assessment, which fall within the Supreme Court's jurisdiction under Section 35L. Taxability and excisability form part of this excluded category. Characterising services supplied to an overseas entity as intermediary services, and determining whether they qualify as export services, concerns classification, excisability and assessable value. Challenges to such determinations are therefore not maintainable under Section 35G and must be pursued under Section 35L.

2026 (9) TMI 2072
Case Laws Money Laundering
PMLA Property Restoration Requires Qualifying Claimants and Separates Attached Promoter Assets from Corporate Insolvency Proceedings
Restoration of property attached under the PMLA during trial is confined to claimants with a legitimate interest and quantifiable loss, subject to framing of charge and a hearing for the owner under the Restoration of Property Rules. An association that is not itself a homebuyer and has no quantifiable loss cannot qualify; the restoration order obtained on its application was set aside. Assets of former promoters or other entities remain outside the corporate debtor's insolvency estate, and an insolvency professional's undertaking cannot alter that position. An independent monitoring committee will verify genuine homebuyers and maintain asset data, while liquidation or restoration remains deferred pending attachment challenges and available remedies.

2026 (9) TMI 2073
Case Laws Companies Law
Forensic audit scope remains limited to debtor-bank transactions, excluding unrestricted scrutiny of banks' wider affairs.
Forensic audit directions concerning commercial transactions and relationships between the judgment debtors, FHL, FHHPL and the banks are confined to those transactions. Relevant clauses do not authorise a general examination of the banks' affairs beyond that scope. The audit therefore cannot become a fishing and roving inquiry into the banks' entire affairs.

2026 (9) TMI 2074
Case Laws GST
Reasoned appellate orders require consideration of material grounds; unresolved notice, document access and hearing defects warrant fresh adjudication.
Reasoned appellate orders must address material factual and legal grounds, evidence and authorities relied upon; conclusory confirmation of original orders does not provide an effective appellate determination and undermines natural justice. Where first appellate review omits those grounds, deciding the dispute only at the second appellate level may deprive the party of a statutory appellate level. Fresh original adjudication should ensure identification and access to relied-upon documents, reasonable opportunity to respond, effective personal hearing, and a reasoned determination.

2026 (9) TMI 2075
Case Laws GST
Statutory personal hearing and reasoned orders require fresh first-instance adjudication when duplicate e-way bill evidence remains disputed.
Requested personal hearings and reasoned orders are required where an adverse GST determination turns on disputed factual evidence. Denial of a post-reply hearing and failure to address explanations concerning duplicate e-way bills, a single supply, and alleged additional taxable transactions breach the requirements of Sections 75(4) and 75(6). Later appellate hearings do not automatically rectify that original-stage defect. Rule 138(9) does not create a new charge; failure to cancel an e-way bill is relevant but not conclusive of an additional supply. The dispute requires fresh adjudication confined to the existing notice, with primary records, a meaningful hearing, and a speaking order.

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