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Unsupported annualisation of three-month business receipts and separate bank-credit additions create unsustainable and duplicative taxable income computations.
Extrapolation of annual business receipts and profit from survey material covering only three months requires supporting material for the remaining period. Without such material, taxable income must reflect real income rather than presumptive annualisation, making the extrapolation-based addition unsustainable. Bank credits already included in business receipts used to compute business income cannot be separately added, as this duplicates the same income. Business income must therefore be confined to the supported computation without a duplicative bank-credit addition.
Share capital and premium additions fail where shareholder transactions were settled and no corresponding assessment addition was made.
Share capital and share premium received from a shareholder were subjected to an addition as unexplained cash credit under the Income-tax Act. The shareholder's bank-account transactions had been accepted by another person in the assessee group and settled before the Income Tax Settlement Commission. As the shareholder's own assessment contained no corresponding addition, the addition relating to the share capital and premium was treated as unsustainable and deleted.
Co-operative society investment income remains deductible when term deposits are held with a State co-operative bank.
Interest earned by a co-operative credit society on term deposits with a State co-operative bank falls within the deduction for income from investments with another co-operative society where both entities qualify as co-operative societies under the Income-tax Act. The exclusion for co-operative banks applies where the claimant itself is a co-operative bank under the Banking Regulation Act; it does not deny the deduction merely because the payer is a co-operative bank. Qualifying interest on such deposits is therefore deductible under Section 80P(2)(d).
Penny-stock capital gains require evidence beyond general investigation material when transaction records remain unrebutted and documented.
Long-term capital gains from listed-share transactions cannot be treated as bogus penny-stock gains merely on general investigation material or suspicion where purchase records, contract notes, demat statements, banking evidence, securities transaction tax proof, and sale proceeds remain unrebutted. A jurisdictional High Court precedent on materially identical facts must be followed unless distinguished; contrary non-jurisdictional decisions cannot displace it. In the absence of evidence that records were false, transactions manipulated, or unaccounted cash exchanged, the declared gains remain genuine and the addition is unsustainable.
Misreporting penalties require specific evidence; withdrawing a disclosed donation claim and inadvertent interest omission did not justify penalty.
Penalty for misreporting under section 270A requires material showing that the taxpayer falls within a specified category of misreporting; withdrawal of a previously disclosed section 80GGC deduction after reassessment does not alone establish misreporting. A banking-channel donation, full disclosure in the original return, and the absence of taxpayer-specific evidence of false entries, suppressed receipts, false evidence, or cash-back supported a bona fide explanation and the protection under section 270A(6)(a). An unintentional omission of bond-interest income was likewise not shown to be deliberate misreporting. The section 270A penalty was therefore deleted.
Interim relief was declined where validity challenge involved diverse factual issues and an appellate remedy remained available.
Interim relief against Serial No. 3A of Notification No. 12/2017-Central Tax (Rate), together with the consequential challenge to the order in original, was declined because the validity challenge involved diverse factual issues and an appellate remedy was available. No interim order was granted, and affidavits were directed for further proceedings.
Validity of GST exemption entry remained unadjudicated as factual disputes and appellate remedy precluded interim relief.
Validity of Serial No. 3A of Notification No. 12/2017-Central Tax (Rate), and the related original order challenged in the proceedings, remained unadjudicated. Diverse factual questions and the availability of a statutory appellate remedy did not support interim protection. No final determination addressed the notification's validity or the original order, no interim order was granted, and affidavits were directed to be exchanged for further consideration.
Suppression allegations under GST scrutiny led to interim protection where milling guidelines and transaction value required examination.
Invocation of Section 74 based on alleged suppression of facts was under scrutiny because the show-cause notice and adjudication order did not prima facie establish intent to evade tax. State flour-milling guidelines restricting private commercial milling by empanelled mills, together with the admitted prescribed price structure, required consideration in assessing whether the declared transaction value could be questioned absent a specific fraud allegation. Further recovery of the balance demand remained stayed pending the next hearing, with no final adjudication on the merits.
Cash seizure under GST search powers requires clear statutory authority; alleged unaccounted-sale proceeds cannot justify retention.
Section 67(2) of the CGST Act does not authorise seizure or retention of cash merely because it is alleged to be proceeds of unaccounted taxable supplies. Money is excluded from "goods", while "things", read ejusdem generis with documents and books, covers only articles with evidentiary or investigative utility; it does not confer unrestricted power over movable assets. A writ petition challenging this foundational absence of statutory power remains maintainable despite an appellate remedy. Cash seized without such authority must be released with applicable interest, subject to independently authorised statutory action.
Section 67(2) of the CGST Act is described as not authorising seizure of cash merely because it is suspected to represent unaccounted sale proceeds. Cash is excluded from "goods" and, under an ejusdem generis construction, "things" is confined to material with evidentiary relevance alongside documents and books. Seizure requires objectively supported reasons to believe satisfying statutory conditions; a later adjudicatory finding cannot cure absent authority at the time of seizure. A jurisdictional challenge to such seizure may proceed despite an alternative appellate remedy. Release remains subject to any independently lawful restraint or attachment, with applicable interest.
Internal TNMM for similar ITeS services supports arm's-length benchmarking where employee-cost filters require comparable exclusions from external analysis.
ITeS transfer-pricing benchmarking requires exclusion of functionally dissimilar companies from an external comparable set. Eclerx Services Limited, which outsourced its activities, and Mold-Tek Technologies Limited, which performed different functions, were unsuitable comparables. Accurate Data Converters Limited also failed the employee-cost filter because its employee cost fell below the stipulated revenue threshold. Internal TNMM should be preferred where associated-enterprise and non-associated-enterprise services are similar and the allocation basis is undisputed; where the associated-enterprise margin exceeds the non-associated-enterprise margin, the international transactions satisfy the arm's-length standard.
Circular No. Circular No. 15 (2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 T...
TNGST on accommodation is payable on the actual amount charged, with declared tariff determining the applicable rate slab. Casino entry, gambling and horse-racing bets are taxable on their respective transaction values, with gambling and horse racing assessed on total bet value. Hospital room rent for in-patients is exempt, while food or drink services may qualify for composition levy. Low-turnover accommodation suppliers using electronic commerce operators need not register where the operator bears tax liability. Books are goods where sold by their owner, and legal services to business entities are taxable under reverse charge.
Circular No. PUBLIC NOTICE NO. 128/2026 Dated:- 8-10-2026 Trade Notice Dated:- 8-10-2026 Trade Notic...
RoDTEP scroll-out is suspended for specified IEC holders whose Annual RoDTEP Return for FY 2023-24 was not filed or reported within the prescribed timeline. ICES 1.5 alerts prevent generation of RoDTEP scrolls for linked Shipping Bills. Exporters must comply with the return requirement and approach DGFT for alert removal or revocation. Once the alert is removed or revoked and reflected in ICES 1.5, Shipping Bills will be processed for scroll generation subject to other applicable conditions and system requirements.
Notification No. G.S.R. 892(E) Dated:- 10-12-2025 Information Technology
Corrigenda to the Digital Personal Data Protection Rules, 2025 correct Gazette references, departmental terminology, and the phrase "given in such order". Further corrections separate "every body", rectify an enactment citation, replace specified punctuation, and revise the cross-reference range from clauses "(a) to (f)" to "(a) to (g)".
Notification No. 82/2026 Dated:- 12-10-2026 Customs - Non Tariff
Preferential tariff treatment under the India-New Zealand Free Trade Agreement is available only for originating goods that are wholly obtained or satisfy applicable product-specific origin requirements. Origin may be supported through bilateral cumulation, tariff-classification changes, qualifying value content, or prescribed production processes, while minimal operations do not confer origin. Importers must hold a valid Proof of Origin, comprising a Certificate of Origin or authorised Origin Declaration, and retain supporting records. Customs may verify origin through information requests and verification visits, and may deny preference where origin or compliance cannot be established.
Notification No. S.O. 2460(E) Dated:- 27-5-2025 Information Technology
Telangana Forensic Science Laboratory (TGFSL) is designated as an Examiner of Electronic Evidence within India under section 79A of the Information Technology Act, 2000. Its authorised scope covers computer media forensics, excluding floppy disk drives, and mobile device forensics.
Notification No. S.O. 2458 (E) Dated:- 27-5-2025 Information Technology
Designation of an Examiner of Electronic Evidence under section 79A of the Information Technology Act, 2000, appoints the Computer Forensic Division of the Goa Forensic Science Laboratory as an Examiner of Electronic Evidence within India. Its authorised forensic scope covers computer (media) forensics, excluding floppy disk drive examination, and mobile devices forensics.
Third-party execution claims require adjudication of independent title and fraud before dispossession can lawfully proceed.
Order XXI Rules 97-101 of the Code of Civil Procedure require executing courts to determine all questions of right, title and interest between decree-holders and independent obstructers or occupants, including alleged fraud affecting a decree or its execution. Dispossession requires the execution claimant to establish a better title. Historical revenue records and conveyances may establish pattadari-based title where land had ceased to belong to a jagirdar and did not vest in the State. A decree procured without disclosure or impleadment of third-party pattedars may be void for fraud, and consequential execution and final-decree steps fail if their foundational order is set aside. A coram non judice appellate decision does not create res judicata.
Notification No. S.O. 3542(E) Dated:- 3-8-2023 Information Technology
Digital Forensic Laboratory, Cyber Defence Center, National Forensic Sciences University, Gandhinagar Campus, Gujarat, is designated as an Examiner of Electronic Evidence under section 79A of the Information Technology Act, 2000. Its authorised scope covers computer (media) forensics, excluding floppy disk drive examination, and mobile devices forensics.
Transfer-pricing comparability and loan-to-equity conversion rules limit adjustments and exclude explained book-entry capital from unexplained-credit taxation.
Transfer-pricing comparability under the Transactional Net Margin Method requires exclusion of manufacturing entities outside the tested party's turnover range where size materially affects margins, and any adjustment must be limited to international transactions between associated enterprises. Cash-profit indicators may be used where depreciation policies materially differ, subject to verification of their effect on margins. Conversion of an established external borrowing into share capital by book entry, without fresh cash receipt, is not unexplained cash credit when creditor identity, source and loan genuineness are established. Information technology and corporate service fees require verification of supporting evidence. Employee PF/ESI contributions are deductible only if paid by the due date under the relevant enactment, subject to payment verification.