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Circular No. CCT/26-4/2024-25/G/4349 Dated:- 13-1-2025 Goa SGST Dated:- 13-1-2025 Goa SGST
Input tax credit for goods delivered at the supplier's place of business under ex-works contracts is to be implemented in Goa in accordance with the corresponding central GST clarification. The clarification concerns the requirement of receipt of goods for claiming input tax credit under Section 16(2)(b) of the CGST framework. Uniform application is directed under the Goa GST Act by extending the central clarification mutatis mutandis.
Limitation challenge to show cause notice proceeds after notice is issued to the respondent for hearing.
Limitation is the central issue in proceedings concerning a CESTAT determination that the show cause notice and Order-in-Original were barred by time. The High Court has issued notice to the respondent and fixed the matter for further listing before the Joint Registrar and subsequently before the Court. No final determination on the limitation issue has been made at this stage.
Parallel writ proceedings yield to pending statutory appeals on the same refund dispute, requiring expeditious appellate adjudication.
Writ petitions seeking refund of amounts debited from bank accounts are not ordinarily entertained where a statutory appeal concerning the same cause of action is already pending. The appellate authority must adjudicate the grievance in accordance with law after hearing all concerned parties. Parallel writ proceedings should not bypass the statutory appellate remedy; the pending appeal should instead be decided expeditiously, preferably within six months.
Provisional attachment orders issued during pending writ proceedings faced challenge for lacking approval and judicial discipline.
Fresh provisional attachment order issued while a writ petition remained pending was treated as an attempt to alter the subject matter under challenge and as inconsistent with the judicial discipline expected of quasi-judicial authorities. The departmental representative undertook not to press that order and acknowledged that specified provisional attachment orders, including an extension order, lacked the requisite approval or were otherwise not issued in accordance with law. The hearing was not concluded, and no final adjudication on the validity of the attachment measures was made; the matter was adjourned for further hearing.
Section 80G approval follows established charitable status where valid section 12AA registration and undisputed charitable activities support eligibility.
Valid registration under section 12AA establishes that a society is constituted for charitable purposes. Where its charitable objects or activities are not disputed, that registration supports eligibility for approval under section 80G. Approval should not be denied merely despite the society holding valid section 12AA registration; the approval application requires fresh consideration in accordance with law.
Reasonable jewellery explanations, fair watch valuation and documentary proof for foreign currency determine unexplained-assets additions after search.
Reasonableness of jewellery explanations in search assessments must be evaluated against family status, customary gifts and household circumstances; the jewellery addition was eliminated after the items were treated as nominal and reasonably explained. Watch valuation requires a fair opportunity for independent valuation where seized items remain in departmental custody and their genuineness or nature is disputed; the watch addition requires fresh examination. Foreign currency claimed to arise from overseas travel or prior non-resident status requires cogent supporting evidence, such as customs declarations or purchase records; the unexplained-money addition remained enforceable.
Mandatory show cause notice under section 143(1) is essential; an intimation issued without it is invalid.
An intimation under section 143(1) requires prior issuance of the show cause notice mandated by its proviso. Where the record shows that no such notice was issued to the assessee, the statutory precondition for making the adjustment is not met. The intimation is therefore invalid in law and liable to be quashed.
Agricultural income and MAT computation: mushroom cultivation remained exempt, while delayed employee welfare contributions were disallowed.
Mushroom cultivation, including production and sale under controlled conditions, qualified as exempt agricultural income. A cold-chain facility established with new plant and machinery as an independent operation qualified for weighted deduction as a specified business because it was not formed by splitting up or reconstructing an existing business. Unaccrued machinery-sale consideration could not be included in minimum alternate tax book profit where the sale did not materialise and restated financial statements reflected real income. Delayed employees' provident fund and ESI contributions were not deductible. Sales-promotion and miscellaneous expense disallowances could not rest on unverified allegations or ad hoc estimates without identified defects or rejection of audited books.
Unexplained cash deposits: prior bank withdrawals substantially traced the demonetisation-period deposits, supporting deletion of the addition.
Cash deposits during the demonetisation period were supported by bank-recorded withdrawals made before the deposits. Withdrawals of Rs. 2,50,000 and Rs. 9,00,000 were substantially traceable to deposits totalling Rs. 10,02,000, making the stated source plausible. On that basis, the addition for alleged unexplained cash deposits was deleted in favour of the assessee.
Common area maintenance charges separately determined from mall rent require tax deduction as maintenance-service payments, not rent.
Common area maintenance charges for leased mall premises fall under Section 194C rather than Section 194-I where they are separately determined from lease rent, calculated by reference to area, and cover distinct staff and day-to-day operational services. Such charges are not an essential or integral component of consideration for use of the premises. Tax must therefore be deducted as payments for maintenance services under Section 194C, not as rent under Section 194-I.
Concealment penalty fails when the underlying search-assessment additions are deleted for lack of incriminating material.
Penalty for concealment under Section 271(1)(c) cannot stand where it is solely consequential to quantum additions that have been deleted. The underlying search-assessment additions were deleted because no incriminating material was found from the assessee, and the additions relied on a third-party statement arising from another search. As the penalty had no independent basis after deletion of the additions, it was required to be deleted.
Employee contribution due dates depend on the salary-disbursement month, requiring factual verification before determining remittance delays.
Due dates for depositing employees' provident fund and ESI contributions may require determination by reference to the month in which salaries or wages were disbursed. Computing any remittance delay therefore depends on verifying the relevant payment facts and supporting information. Fresh factual determination was required after giving the taxpayer an adequate opportunity to substantiate the applicable salary-disbursement period, and the issue was restored to the Assessing Officer for that purpose.
Bogus-purchase additions require corroborative investigation when invoices, bank payments, stock records and accepted sales support transactions.
Alleged bogus-purchase additions cannot rest solely on information that a supplier issued accommodation bills where purchase invoices, banking-channel payments, stock registers and books of account support the transactions. Absent rejection of books or stock records, discrepancies in manufacturing activity or accepted sales, or independent verification of the supplier, uncorroborated third-party information does not establish that purchases are non-genuine. The addition for alleged bogus purchases was therefore deleted.
Incriminating search material is essential to sustain Section 153C additions for unabated assessment years involving alleged non-genuine bills.
Section 153C assessments for unabated years require additions to be based on specific incriminating or seized material found during the search. Allegations of non-genuine bills, without any identified search material supporting the additions, cannot sustain such assessments. The relevant Section 153C assessments were therefore invalid and quashed in favour of the assessee.
DTAA protection for Norwegian employment income prevents Black Money Act assessment and later-year assessment of alleged income.
Article 16(1) of the India-Norway DTAA allocates taxing rights over salary for employment exercised in Norway to Norway; read with section 90(2), salary taxed there is not chargeable to tax in India. Such income cannot constitute undisclosed foreign income under the Black Money Act, which requires undisclosed foreign income or assets chargeable to tax in India; no foreign asset was identified. The asset-notice proviso permits assessment in the year of discovery only for undisclosed assets, not alleged income. Income pertaining to the relevant earlier assessment year therefore could not be assessed in a later year, rendering the proceedings without jurisdiction.
Documented share-sale gains remain exempt where no evidence links the taxpayer to penny-stock manipulation or accommodation entries.
Long-term capital gains from share sales supported by invoices, demat-account records, registered-broker transactions and banking channels cannot be treated as unexplained income merely on a general investigation report alleging penny-stock accommodation entries. Where no independent enquiry or material links the taxpayer to price manipulation or an accommodation-entry arrangement, and the final SEBI report contains no adverse finding on the relevant scrip, documentary evidence remains unrebutted. The gains qualify for exemption under Section 10(38) of the Income Tax Act, 1961, and related additions for unexplained income and estimated commission are unsustainable.
Charitable registration under section 12AB turns on charitable objects and genuine activities, while financial concerns generally belong at assessment stage.
Registration under section 12AB depends on charitable objects and the genuineness of activities carried out in furtherance of those objects. Education falls within charitable purpose. Interest-free advances to other entities while bearing interest on borrowings, or concerns about possible diversion of funds, ordinarily require assessment-stage examination and do not alone justify refusing registration where genuine charitable activities are established. Supersession of existing registration requires prescribed due process for a specified violation. Approval under section 80G(5) cannot be declined solely because of a refusal of section 12AB registration; the approval application must be considered independently in accordance with law.
Circular No. CCT/26-4/2024-25/G/4348 Dated:- 13-1-2025 Goa SGST Dated:- 13-1-2025 Goa SGST
Goa Goods and Services Tax administration applies, mutatis mutandis, the Central clarification on input tax credit availed by electronic commerce operators for services supplied through their platforms where tax liability rests on the operator under section 9(5) of the Central Goods and Services Tax Act, 2017. The direction seeks uniform implementation under the Goa Goods and Services Tax Act, 2017.
Circular No. CCT/26-4/2024-25/G/4321 Dated:- 9-1-2025 Goa SGST Dated:- 9-1-2025 Goa SGST
Uniform implementation under the Goa Goods and Services Tax framework is secured by extending, mutatis mutandis, the central corrigendum connected with the earlier GST clarification. The corrigendum applies for implementation of the Goa GST Act, subject to necessary contextual adaptations, to ensure consistent administration.
Notification No. IFSCA/2021-22/GN/REG-17 Dated:- 18-10-2021 Indian Law
Insurance intermediary operations in an International Financial Services Centre require a certificate of registration for brokers, corporate agents, surveyors and loss assessors, or third-party administrators. Eligibility depends on valid domestic or home-jurisdiction registration where applicable, FATF-compliant and tax-treaty jurisdiction criteria for foreign applicants, capital or net-worth requirements, fit-and-proper management, infrastructure and policyholder interests. Grant follows in-principle approval and completion of capital, training and professional indemnity conditions. Registrants must conduct only authorised business, comply with KYC and anti-money-laundering obligations, maintain grievance redressal and records, prohibit multi-level marketing, and transact financial business in freely convertible foreign currency other than Indian rupees.