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Circular No. 139/9/2020-GST Dated:- 7-12-2020 Jharkhand SGST Dated:- 7-12-2020 Jharkhand SGST
Accumulated ITC refunds for supplier-issued invoices are restricted to credit supported by details uploaded in FORM GSTR-1 and reflected in the applicant's FORM GSTR-2A. Credit based on supplier invoices not uploaded and not reflected in GSTR-2A is not eligible for refund under this mechanism. The restriction does not apply to ITC relating to imports, Input Service Distributor invoices, or inward supplies liable to reverse charge, for which the earlier refund treatment continues.

2022 (2) TMI 1540
Case Laws Income Tax
Software licence payments are not royalty where users receive no copyright rights under domestic law or treaty.
Non-exclusive off-the-shelf software licence payments are not royalty where the licence grants only a right to use copyrighted software and transfers no copyright or right to use copyright. Payments under software distribution or end-user licence arrangements for resale or use therefore fall outside royalty taxation under Section 9(1)(vi) and Article 12 of the India-New Zealand tax treaty. Domestic-law amendments expanding royalty provisions do not alter the treaty definition unless the treaty is correspondingly amended.

Circular No. HO/(201)2026-DDHS-POD1/I/24467/2026 Dated:- 27-10-2026 Circular Dated:- 27-10-2026 Circ...
Compliance timeline for registered debenture trustees to transfer activities outside the securities regulator's purview to separate business units is extended until April 27, 2027. The extension addresses operational difficulties in establishing implementation systems and processes, alongside an ongoing review of the debenture trusteeship and separate business unit framework. All other terms and conditions governing such activities remain unchanged.

News and Press Release
Dated:- 27-10-2026
Trust-based regulatory reform combines startup financing and procurement access with compliance reduction, decriminalisation, labour-law consolidation, licensing digitisation, foreign-investment liberalisation and National Single Window System services. Startup measures include seed funding, fund-of-funds investment, credit guarantees, tax reforms and relaxed public-procurement entry conditions. The digital approvals framework integrates Central and State services, identifies applicable approvals, auto-populates common data and automates selected industrial and production-visa processes.

Customs, DGFT & SEZ
Dated:- 27-10-2026
India-EU Free Trade Agreement opportunities were central to India-Netherlands engagement on expanding bilateral trade, investment partnerships, market access, and collaboration across key sectors. Complementary economic strengths and closer industry-to-industry engagement were linked to concrete business partnerships, investments, and stronger India-Europe supply-chain integration. Direct meetings and a business roundtable also addressed investment opportunities, commercial partnerships, business priorities, and private-sector cooperation in technology, logistics, energy, electronics, industrial solutions, and retail.

Circular No. 140/10/2020-GST Dated:- 7-12-2020 Jharkhand SGST Dated:- 7-12-2020 Jharkhand SGST
GST treatment of directors' remuneration depends on employment status and the nature of the payment. Remuneration paid to independent directors or other non-employee directors is consideration for taxable services, with GST payable by the company under the reverse charge mechanism. For employee-directors, amounts recorded as salary and subjected to salary-based tax deduction at source fall within the employment-services exclusion. Separately recorded non-salary payments subjected to tax deduction as professional or technical fees are taxable, and GST is payable by the company under reverse charge.

Notification No. 3/2026 Dated:- 26-10-2026 Central GST (CGST) tax
Sections 153 to 155 of the Finance Act, 2026, including amendments to section 15, section 34, section 54 and section 101A, come into force on 1 November 2026. The Central Government appoints that date under its statutory power to bring these Finance Act provisions into operation within the Central Goods and Services Tax framework.

Circular No. 148/4/2021-GST Dated:- 5-1-2022 Jharkhand SGST Dated:- 5-1-2022 Jharkhand SGST
An application for revocation of cancellation of GST registration must ordinarily be made within 30 days of service of the cancellation order. Where it is made after 30 days but within 90 days, time may be extended on sufficient cause and reasons recorded in writing. The Joint or Additional Commissioner may grant an extension not exceeding 30 days, and the Commissioner may grant a further extension not exceeding 30 days.

2026 (4) TMI 1935
Case Laws Income Tax
Employee stock option discount qualifies as business expenditure, allowing deduction for employee service costs accrued during vesting.
Employee stock option discount represents business expenditure under Section 37(1) because it is incurred to secure employees' continued services during the vesting period. Section 37(1) does not require an actual cash outflow. The difference between the market price at grant and the exercise price is an ascertained liability that accrues over the vesting period, even though final quantification occurs upon exercise. Issuing shares at a discount is not merely a short receipt of capital; the resulting loss is expenditure incurred wholly for business purposes and is deductible.

2026 (10) TMI 1763
Case Laws GST
Omission of a GST refund rule without saving clause invalidated a later show-cause notice lacking statutory authority.
Omission of Rule 89(4B) of the Central Goods and Services Tax Rules, 2017 without a saving clause removed its availability as a statutory basis for subsequent action. A show-cause notice issued after the omission could not rely on the deleted rule because no provision preserved pending or later proceedings under it. The notice was therefore treated as non est in law and quashed for lack of extant statutory authority.

Circular No. CCT-PEI-POL-155-2021/13329/CT&GST Dated:- 17-9-2025 Orissa SGST Dated:- 17-9-2025 Oriss...
Secondary or post-sale discounts under GST are subject, for implementation of the Odisha Goods and Services Tax Act, 2017, to central GST clarifications made applicable mutatis mutandis. The State-level application is clarificatory and intended to secure uniformity across field, enforcement, assessment and appellate formations. Operational difficulties in applying the clarification may be placed before the Commissioner of State Tax, Odisha.

Circular No. 7060/CT & GST CCT-AR-MISC-6-2025 Dated:- 13-5-2025 Orissa SGST Dated:- 13-5-2025 Orissa...
Where fraud, wilful misstatement, or suppression to evade tax is not established in proceedings initiated under section 74, tax must be redetermined as though the notice were issued under section 73(1). Pending GST-system remand functionality, the appellate remand must be issued manually in APL-04. The assessing officer must issue a fresh section 73 order through standalone DRC-07 and close or nullify the earlier section 74 order through DRC-08 for zero amount, with appropriate remarks.

2019 (8) TMI 1962
Case Laws Income Tax
Low tax-effect appeal threshold led to dismissal while leaving the underlying withholding-tax question unresolved on merits.
CBDT's revised monetary threshold for pursuing High Court tax appeals resulted in dismissal of the Revenue's appeal because the tax effect fell below the prescribed limit. The underlying dispute concerned deletion of a disallowance for payments potentially taxable in India, but the substantive question on the nature and taxability of those payments remained open. The Revenue may seek restoration if the tax effect is subsequently shown to exceed the applicable threshold.

2023 (11) TMI 1464
Case Laws Customs
Finality of proceedings bars writ challenges to consequential demand notices once the underlying order becomes conclusive after unconditional withdrawal.
Finality of proceedings prevents a writ challenge to demand notices that merely implement an underlying order where the challenge to that order was unconditionally withdrawn before the Supreme Court without liberty to pursue further remedies. Because withdrawal caused the underlying order to attain finality, consequential notices supplied no independent ground to reopen the concluded dispute. The writ challenge to those notices was therefore unavailable.

2005 (1) TMI 758
Case Laws Income Tax
Additional evidence under Rule 46A requires recorded reasons and Assessing Officer rebuttal opportunity before appellate relief is granted.
Rule 46A permits an appellate authority to admit additional evidence only in specified circumstances and requires recorded written reasons for admission and a reasonable opportunity for the Assessing Officer to examine, cross-examine, or rebut that evidence. These safeguards give effect to natural justice. The Assessing Officer's presence at an appellate hearing neither proves consent to admission of additional evidence nor cures non-compliance with Rule 46A. Appellate deletions based on such evidence may therefore be set aside and remitted for fresh decision after Rule 46A compliance.

Circular No. CCT-LAW-LAW-20-2023- 11460/CT & GST Dated:- 11-8-2025 Orissa SGST Dated:- 11-8-2025 Ori...
Departmental appeal permits a broad review of an adjudication order on legality and propriety after examination of the relevant records. The Commissioner may direct a subordinate officer to approach the Appellate Authority on specified issues within the prescribed period. Revision is narrower and applies only where an order is erroneous, prejudicial to revenue, and affected by illegality, impropriety, overlooked material facts, or an audit observation. Before revision, the authority must examine records, ensure no appeal is pending, comply with limitation requirements, and provide an opportunity of hearing.

2014 (7) TMI 1406
Case Laws Indian Laws
Arbitral award review remains limited where contractual interpretation is plausible and no statutory setting-aside ground is established.
Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 restrict judicial review of arbitral awards to statutory grounds for annulment and do not permit appellate reassessment of merits. Errors of fact, an alleged misinterpretation of contractual terms, or the availability of another view do not justify interference where the tribunal has adopted a plausible interpretation within its jurisdiction. The public-policy ground requires illegality affecting the root of the matter or fundamental unfairness. Section 37 review is narrower and does not allow reappreciation of evidence or substitution of the court's contractual interpretation. A plausible contractual interpretation by the tribunal remains binding absent a statutory ground for interference.

Circular No. 149/5/2021-GST Dated:- 5-1-2022 Jharkhand SGST Dated:- 5-1-2022 Jharkhand SGST
GST exemption for catering services provided to educational institutions covers serving of food, including mid-day meals, to pre-schools and schools. Anganwadis providing pre-school non-formal education are included as educational institutions. Food-serving and catering services supplied to Anganwadis are exempt from GST irrespective of whether they are financed through government grants or corporate donations.

Notification No. CCT-PEI-POL-155-2021/13325/CT&GST Dated:- 17-9-2025 Orissa SGST
Annual return filing exemption applies from financial year 2024-25 onwards to registered persons whose aggregate turnover in a financial year does not exceed two crore rupees. Eligibility depends on aggregate turnover for the relevant financial year, and qualifying registered persons are not required to furnish an annual return for that year.

Pre-conviction detention is non-punitive and serves to secure the accused's attendance at trial. In an alleged fraudulent input tax credit prosecution involving passing credit without inward supply, investigation had concluded and the complaint was filed, while charges remained unframed and trial completion was unlikely within a reasonable period. In the absence of criminal antecedents or material indicating absconding, witness intimidation, evidence tampering, or subversion of justice, continued custody was not warranted. Conditional bail was granted, requiring trial attendance and non-interference with evidence or witnesses.

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