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Notification No. 51/2023 - State Tax Dated:- 29-2-2024 Jharkhand SGST
Valuation of online gaming, including actionable claims involved in online money gaming, is based on the total amount paid, payable or deposited with the supplier by or on behalf of the player, whether in money, money's worth or virtual digital assets. Amounts returned or refunded to the player cannot be deducted from taxable value. Winnings reused in a further event without withdrawal are excluded from amounts paid or deposited by that player.
2026 (9) TMI 1994 - DELHI HIGH COURT HC
Real-estate anti-profiteering under Section 171 requires project-level identification of additional input tax credit and allocation of the saving across total project area on a per-square-foot basis. Purchase value may quantify credit attributable to project expenditure, but turnover or collections cannot serve as the allocation basis. The comparison must use pre-GST credit actually availed rather than merely available credit. GST collected on consideration inflated by an undistributed benefit forms part of the amount not passed on and remains distinct from statutory interest.
2026 (5) TMI 946 - ITAT CHENNAI AT
Section 10(10AA)(ii) governs retirement leave-encashment exemption for non-Government employees, subject to the ten-month earned-leave measure, average-salary computation, and the notified monetary ceiling. Notification No. 31/2023 specifies an enhanced ceiling of Rs. 25,00,000, is deemed effective from 1 April 2023, and certifies that retrospective effect causes no adverse effect. The enhanced ceiling is treated as a remedial rationalisation of an existing exemption and may govern pending earlier-period matters, while preserving the distinction between Government and non-Government employees.
2026 (5) TMI 1510 - ALLAHABAD HIGH COURT HC
Transit-State jurisdiction under GST permits interception, document production, e-way bill verification and authorised physical inspection of goods moving through an intermediate State. It does not, in a pure transit movement, support detention-related penalty for an external inter-State supply where origin and destination lie outside the intercepting State, no tax is payable there, and there is no evidence of diversion, local supply, fictitious or mismatched documents, or mismatch of goods. Cross-empowerment is administrative and does not create an independent territorial taxable nexus.
Notification No. 26/2022 - State Tax Dated:- 1-6-2023 Jharkhand SGST
Input tax credit on an invoice or debit note reported in FORM GSTR-1 or the Invoice Furnishing Facility must be reversed in FORM GSTR-3B by 30 November following the financial year of availment if the supplier has not filed the corresponding FORM GSTR-3B by 30 September; interest applies on default, and credit may be re-availed after supplier filing. A liability mismatch between FORM GSTR-1 or the Invoice Furnishing Facility and FORM GSTR-3B triggers FORM GST DRC-01B, requiring payment with interest or an electronic explanation. Non-payment without an acceptable explanation is recoverable and restricts later return filing.
Notification No. 52/2023 - State Tax Dated:- 29-2-2024 Jharkhand SGST
Related-person supply of corporate guarantee services to a banking company or financial institution is valued at one per cent of the guarantee amount or the higher actual consideration. The amendments also replace an order with an intimation in the specified procedure, limit the continuing effect of orders under rule 159 and FORM GST DRC-22, add One Person Company registration, revise cancellation procedures for tax deductors and collectors, and update tax collected at source reporting and practitioner enrolment forms.
Notification No. 38/2023 - State Tax Dated:- 12-12-2023 Jharkhand SGST
Registered persons must furnish bank-account details within the prescribed post-registration period or before filing outward-supply details, whichever occurs first. Non-compliance may suspend registration until rectified and blocks outward-supply reporting. Where input tax credit claimed in FORM GSTR-3B exceeds input tax credit reflected in FORM GSTR-2B beyond the prescribed threshold, an electronic intimation requires payment with interest or a reasoned reply within seven days; unresolved discrepancies may be subject to demand proceedings.
Notification No. 9/2025 - State Tax(Rate) Dated:- 26-9-2025 Jharkhand SGST
State tax is levied on intra-State goods supplies at schedule-specific rates determined by the goods' Customs Tariff classification and description. Schedule I covers specified food, agricultural, medical, accessibility, renewable-energy, transport, industrial and consumer goods. Schedule II covers a broad range of goods and operates as the residual classification for goods absent from the other stated schedules. Separate schedules apply higher rates to specified beverages, vehicles, actionable claims and tobacco, and concessional rates to precious metals, jewellery, diamonds and precious stones.
Notification No. 4/2024 - State Tax Dated:- 21-3-2024 Jharkhand SGST
Covered manufacturers of specified pan masala and tobacco goods must electronically register packing machines in FORM GST SRM-I, promptly report machine additions, capacity changes and disposals, and upload Chartered Engineer certification. Machine disclosures include capacity, package weight, power consumption, operational status and product details. FORM GST SRM-II must be filed monthly by the tenth day of the succeeding month, reporting inputs, production by machine and package, and electricity, generator and solar-power consumption.
Circular No. 175/7/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Refunds of unutilised input tax credit for export of electricity require electronic filing of FORM GST RFD-01 under the "Any Other" category, with Statement 3B, scheduled-energy records, tariff agreements and refund calculations. The relevant date is the last day of the export month reflected in the Regional Energy Account. Export turnover is based on scheduled energy and contractual tariff, using the lower quantity where invoices and scheduled-energy records differ. Domestic electricity turnover is excluded from Adjusted Total Turnover, and ITC used for domestic exempt supplies must be excluded.
Circular No. 174/6/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Electronic credit ledger re-credit is available when a registered person repays an erroneous refund through FORM GST DRC-03 by debit to the electronic cash ledger, with applicable interest and penalty. It covers specified erroneous IGST and unutilised input tax credit refunds. Until automated portal functionality is available, a written Annexure-A request is required. On verification of full payment, the proper officer re-credits only the refund amount through FORM GST PMT-03A, preferably within 30 days from the later of the request or full payment.
Circular No. 172/4/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Credit made available to recipients of deemed export supplies solely to process refund claims is not ordinary input tax credit, is outside section 17 restrictions, and is excluded from Net ITC computations. The employee-benefit proviso applies across the relevant blocked-credit clause, while leasing restrictions cover only specified motor vehicles, vessels, and aircraft. Employer-provided perquisites under employment contracts are outside GST. Electronic credit ledger balances may pay output tax only, excluding reverse-charge and non-tax liabilities; electronic cash ledger balances may pay tax, interest, penalties, fees, and other payable amounts.
Transfer of an LLP partner's share or interest to a private discretionary trust raises questions about whether the trust may hold the interest and participate through its trustee as representative partner. Guidance is sought on assignment or transfer of partnership interests, the trust's status in an LLP, and the trustee's capacity to remain a designated partner while representing the trust.
Cash loan disbursements are not loan repayments, preventing penalty for breach of prescribed repayment-mode requirements.
Section 269T applies only where a loan or deposit is repaid otherwise than through prescribed banking modes. Cash disbursements by a co-operative society to its members as loans or advances are not repayments of loans or deposits received from them, unless material establishes their repayment character. Consequently, penalty under Section 271E is not leviable for such disbursements. Treating the same sum as income while also characterising it as a loan for applying Section 269T is internally inconsistent.
Derivative transaction characterisation permits business-loss set-off, while unclaimed capital-account expenditure does not attract exempt-income disallowance.
Eligible security-derivative transactions conducted through recognised stock exchanges are excluded from speculative treatment under section 43(5). Their business or investment character depends on transaction frequency and volume, holding pattern, settlement terms, accounting treatment and the manner of dealing. Frequent, high-volume, non-delivery derivative trades supported by separate ledgers and audit records support treatment as business activity, permitting set-off of resulting losses against commodity-derivative business income. Section 14A applies only where expenditure relating to exempt income is claimed against taxable income. Where investment-related expenditure is capitalised and no borrowed funds or interest expenditure exist, Rule 8D(2) lacks a factual basis for disallowance.
Documented exchange-traded share gains cannot become unexplained credits without taxpayer-specific evidence of manipulation or accommodation entries.
Documented sale proceeds from exchange-traded listed shares cannot be treated as unexplained cash credits merely because of alleged penny-stock manipulation where the taxpayer establishes purchase and sale through contract notes, demat records, broker ledgers, securities transaction tax and banking channels. Once this initial evidentiary burden is met, the Revenue must produce taxpayer-specific material linking the transaction to price rigging, accommodation entries or market manipulation. General investigation material and unusual price movements alone do not meet that burden; suspicion and presumptions cannot substitute for evidence or support the human-probabilities test. The long-term capital-gain exemption remains available where the documented transactions are not disproved.
Unexplained expenditure additions require evidence of cash payment or sham share transactions despite broker-led exchange trades.
Section 69C addition for the purchase price of shares requires cogent material establishing unexplained cash payment, accommodation entries, or non-genuine transactions. Share trades executed through a recognised stock exchange and broker, supported by the broker's ledger, indicate transaction settlement where no contrary evidence exists. Receipt of trading profit through banking channels and its disclosure as regular income, without an exemption or set-off claim, further supports the recorded nature of the transactions. In these circumstances, the share purchase price does not warrant treatment as unexplained expenditure.
Capital gains on land sales belong to the owner, not a registered power-of-attorney holder acting solely as agent.
Capital gains arising from the sale of land are not assessable in the hands of a registered power-of-attorney holder who acted solely for the owner. A power of attorney creates an agency relationship, authorising the attorney holder to execute and complete the sale on the principal's behalf, but does not itself transfer ownership or create a personal proprietary right. Where the sale deed and power of attorney establish such agency and the consideration was paid to the owner, the sale proceeds cannot be treated as the attorney holder's capital gains, and the addition is deleted.
Statutory reassessment sanction cannot be substituted by superior approval, rendering the reopening void for lack of jurisdiction.
Reassessment initiated within four years requires sanction under section 151(2) from the specified Joint or Additional Commissioner. Approval granted by a Commissioner does not cure the absence of approval from that designated authority, because statutory sanction assigned to a particular officer cannot be substituted by a superior officer's approval. Failure to obtain approval from the competent authority creates a jurisdictional defect and renders the reassessment void ab initio.
Unsupported estimated income additions fail where cash differences, business advances, and recorded interest lack evidentiary linkage.
Estimated additions for undisclosed sales require a factual nexus between cash-balance differences and unrecorded turnover; applying a profit rate to an unexplained difference alone is insufficient. A bad-debt deduction is available where the debt is written off as irrecoverable in the accounts, without requiring proof of actual irrecoverability where supporting particulars are available. Notional interest cannot be imputed on business advances merely from balance-sheet figures when recorded interest, the nature of advances, and customer advances have not been considered. These principles preclude additions based on presumption or unsupported estimation.