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Circular No. F. No. EDI/MISC-118/2016/JNCH (Part-II) Dated:- 3-1-2020 Trade Notice Dated:- 3-1-2020 ...
Advance debiting or defacement of country-of-origin certificates before registration is confined to fully facilitated Bills of Entry not prescribed for assessment or examination. Bills of Entry sent for assessment must follow the established Assessment Group procedure. Stakeholders must generate IRN and DRN for uploaded documents and link additional documents to the relevant Bill of Entry. Country-of-origin certificates, IGCRD intimations, and similar documents debited or defaced by groups should be uploaded in e-Sanchit before registration.
Arm's-length pricing requires transaction-level benchmarking under one method unless international transactions are demonstrably closely linked.
Arm's-length pricing requires independent international transactions to be benchmarked separately unless they are demonstrably closely linked; one most appropriate method must be selected, and comparable-price and net-margin evidence requires verification before recomputation. Commission paid to foreign agents for services rendered outside India does not require withholding where the income is not chargeable to tax in India, preventing corresponding disallowance. Export-sale-linked additional consideration and business-nexus interest form eligible undertaking profits for the export deduction. Unit-specific expenses may be directly allocated and common expenses apportioned by quantities sold; an allocation error alone does not justify rejecting books. A corrected computation of an existing export-deduction claim may be considered without a revised return.
Circular No. PUBLIC NOTICE No. 118/2019 Dated:- 30-12-2019 Trade Notice Dated:- 30-12-2019 Trade Not...
Country-of-origin benefit claims in Bills of Entry require advance debiting of the original country-of-origin certificate before Bill of Entry registration. The importer or customs broker must submit the hard copy of the Bill of Entry and original certificate for debiting, then upload the debited certificate through e-Sanchit. Officers must verify the electronically uploaded certificate before granting out-of-charge clearance, avoiding removal of such Bills of Entry from the clearance queue.
Composite appeals cannot challenge separate decrees in a suit and counterclaim; each adverse adjudication requires its own appeal.
Counterclaims operate as cross-suits, and their conclusive adjudication is a decree even without a separately drawn formal decree. Order 20 Rule 19(2) CPC facilitates appeals from decrees involving counterclaims but does not authorise one composite appeal against distinct adjudications of the suit and counterclaim. Separate appeals are therefore required for each adverse adjudication. This differs from genuinely consolidated suits tried as one proceeding on common issues and evidence, where one appeal may be competent. An unchallenged adjudication becomes final and may trigger res judicata, waiver, estoppel or acquiescence; the contrary approach is not good law.
Natural justice in GST registration cancellation requires disclosure of adverse material and prior notice before retrospective cancellation.
GST registration cancellation based on undisclosed site-visit material, photographs, electricity consumption, or allegations beyond the show-cause notice breaches principles of natural justice because the taxpayer lacks a real and effective opportunity to respond. Availability of revocation under Section 30 does not bar recourse to writ jurisdiction where such breach is total. Retrospective cancellation also requires prior notice that retrospective action is proposed. Registration was to be restored, without preventing issuance of a fresh show-cause notice where warranted.
Alternative statutory remedy for GST registration cancellation bars writ review where revocation proceedings address hearing and natural-justice grounds.
Alternative statutory remedy under Section 30 permits the statutory authority to consider challenges to GST registration cancellation, including alleged lack of hearing and breach of natural justice. Writ jurisdiction need not be exercised where revocation proceedings provide that avenue. The writ petition challenging cancellation was dismissed without adjudicating either the cancellation's validity or the natural-justice allegations.
Unexplained property expenditure attracts additions when taxpayers cannot substantiate loan funding, payment sources, invoices, materials, or payees.
Taxpayers claiming that property-related payments were funded by loans must establish receipt and source through confirmations or other reliable evidence. Failure to substantiate loan funding can leave the payment unexplained and support an addition. Expenditure on ground levelling and compound-wall construction requires evidence of its source, invoices, purchased materials, payees and payment trail. Where these elements are not satisfactorily established, section 69C treats the outlay as unexplained expenditure chargeable to tax. Property-improvement claims therefore require documentary proof both of funding and of actual expenditure.
Circular No. PUBLIC NOTICE NO. 108/2019 Dated:- 6-12-2019 Trade Notice Dated:- 6-12-2019 Trade Notic...
Customs testing of imported furnace oil, fuel oil and waste oil requires screening for acidity, ash content, sediment and water. Where hazardous or non-hazardous status is required, three samples are drawn: one for JNCH testing of other parameters, one for hazardous-status testing at the importer's or owner's cost, and one retained centrally. Assessment may proceed without the hazardous-status report where the JNCH report finds the product is not off-specification; otherwise, it awaits the required test reports.
Notification No. G.S.R. 660(E) Dated:- 25-8-2015 Information Technology
Creation of a digital signature begins with applying a hash function to an electronic record, followed by transformation of the hash result using the signatory's private key and signature algorithm. Verification requires recomputation of the hash of the original electronic record and use of the public key to check that the signature was created with the corresponding private key and to determine its time of creation. Certificate validation requires a trusted chain from the subscriber's certificate through the issuing licensed Certifying Authority to the Controller's self-signed certificate, with validity assessed at the time of signature.
Reassessment based on an incorrect claim of no filed return fails for non-application of mind.
Reassessment jurisdiction cannot be validly assumed on recorded reasons founded on the incorrect premise that no return of income was filed when the return was in fact on record. Such inconsistency demonstrates non-application of mind to the assessment record before issuing a notice for reassessment. The notice under Section 148, the reassessment proceedings, and the consequential reassessment order under Sections 147 and 143(3) were therefore invalid and quashed.
Circular No. PUBLIC NOTICE NO. 103/2019 Dated:- 15-11-2019 Trade Notice Dated:- 15-11-2019 Trade Not...
Sample-testing arrangements extend the use of two specified external laboratories for covered imported goods other than Chapter 27 goods. Chapter 27 goods must undergo compulsory testing at the DYCC/JNCH laboratory from 18 November 2019, while external laboratory testing for other covered goods continues until 31 December 2019. The arrangement operates as a standing order across the specified Customs Commissionerates.
Circular No. PUBLIC NOTICE No. 102/2019 Dated:- 15-11-2019 Trade Notice Dated:- 15-11-2019 Trade Not...
Customs laboratory sampling requirements prescribe commodities eligible for testing, minimum sample quantities, and handling procedures for complete analysis. Samples must be properly labelled, packed and sealed, and each sample must be accompanied by an individual test memo in duplicate. Only one sample may be sent with each memo, while the duplicate is retained by the Central Sampling Cell or investigating unit. Quantity requirements vary by commodity and physical form, including separate requirements for liquids, solids, textiles, ceramics, metals and base-metal articles. Liquid samples must be leak-proof and sealed in plastic containers of prescribed capacities.
Abuse of criminal process: absurd complaint following cheque-dishonour proceedings was quashed to prevent misuse of prosecution.
Criminal complaints instituted after cheque-dishonour proceedings under the Negotiable Instruments Act require scrutiny for misuse of criminal process. Where the record and surrounding circumstances show that the allegations are absurd, continuation of the prosecution amounts to an abuse of process. On those facts, the criminal complaint and consequential proceedings against the appellant were quashed.
Mandatory pre-process inquiry protects out-of-jurisdiction accused where dealer transactions disclose no manufacturer criminal liability and process is quashed.
Mandatory inquiry under Section 202 CrPC applies before process is issued against persons residing outside a Magistrate's territorial jurisdiction. Criminal liability cannot be inferred against a manufacturer and its officers where the purchase order, advance payments and dishonoured refund cheque involved an authorised dealer, without material showing entrustment, dishonest inducement, or common design. Issuing process under the Negotiable Instruments Act despite allegations under the IPC indicates non-application of mind. The cognizance and process orders were quashed against the manufacturer and its officers.
Notification No. SEBI/LAD-NRO/GN/2026/317 Dated:- 29-9-2026 SEBI
Recognition of BSE Clearing Limited as a clearing corporation is renewed for a three-year period, subject to compliance with conditions specified by SEBI from time to time and any further conditions that may be prescribed or imposed. The renewal is granted under statutory powers concerning recognition of clearing corporations and is based on the interests of trade, the securities market, and the public interest.
Notification No. 41/2026-27 Dated:- 30-9-2026 Foreign Trade Policy
RoDTEP Scheme availability continues until 31 December 2026 for exports by Domestic Tariff Area units, Advance Authorisation holders, Special Economic Zone units, and Export Oriented Units. Existing rates and value caps under Appendix 4R and Appendix 4RE remain unchanged, and all other scheme terms and conditions continue to apply to eligible exports.
Charitable exemption survives delayed Form 10B filing where substantive audit compliance exists and summary adjustments lack prior intimation.
Charitable exemption under Section 11 should not be denied solely because Form 10B was not electronically filed with the return where the audit report was obtained and furnished within the prescribed period or during assessment. Such filing constitutes substantial compliance with the audit-report requirement. Summary processing adjustments that disallow the exemption require prior written or electronic intimation and an opportunity to respond; an adjustment made without that notice is invalid. The exemption remains subject to verification of the audit report in Form 10B.
Notification No. 53/2026 Dated:- 30-9-2026 Central Excise - Tariff
Central excise duty treatment under the exemption framework is amended by substituting the entry in column (4) against serial number 1 of the applicable table. The substituted entry fixes the relevant amount at Rs. 10.5 per litre. The revised table entry takes effect on 1st October 2026 and operates from that date.
Notification No. S. O. 2235(E) Dated:- 22-5-2018 Information Technology
Organisations operating Protected Systems must establish an Information Security Steering Committee and designate a senior-management Chief Information Security Officer. They must maintain an Information Security Management System, documented network architecture, access and asset inventories, annual Vulnerability/Threat/Risk Analysis, a Cyber Crisis Management Plan, periodic security audits, IT security service-level agreement processes, and monitoring through Cyber Security and Network Operation Centers. The Chief Information Security Officer must share specified security information, logs, monitoring records and cyber-incident communications with the National Critical Information Infrastructure Protection Centre.
Notification No. 52/2026 Dated:- 30-9-2026 Central Excise - Tariff
Central excise exemption treatment is amended by substituting the entry in column (4) against serial number 2 of the applicable table with "Rs. 16 per litre". The revised rate forms part of the miscellaneous exemptions framework and applies for central excise purposes with effect from 1 October 2026.