Advanced Search Options : ❯
Circular No. Circular No. 29(2018) /2019-TNGST Dated:- 5-4-2019 Tamil Nadu SGST Dated:- 5-4-2019 Tam...
GST treatment of food or drink supplied through a mess or canteen in an educational institution, including a college hostel mess, falls within the catering-services rate framework. Food and drink supplied by Indian Railways, its catering company, or their licensees in trains or platform-based static units is subject to GST at 5 per cent without input tax credit, under a separate rate entry aligned with the corresponding central position.
Customs, DGFT & SEZ
Dated:- 15-10-2026
Combined trade estimates for April-September 2026-27 show exports of US$ 476.20 billion and imports of US$ 551.13 billion, resulting in a trade deficit of US$ 74.93 billion. Merchandise exports rose to US$ 259.89 billion, while merchandise imports reached US$ 437.53 billion. Estimated services exports were US$ 216.31 billion and services imports were US$ 113.60 billion, producing a services trade surplus of US$ 102.71 billion. September services figures are estimates, and specified earlier-period data were revised using quarterly balance-of-payments data.
2026 (3) TMI 1646 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI AT
Where premises form part of the corporate debtor's assets, Sections 18 and 25 of the Insolvency and Bankruptcy Code, 2016 require the resolution professional to take custody, control, preservation and protection measures. An occupant resisting recovery must prove a subsisting tenancy, leasehold interest or enforceable licence through reliable evidence of the parties' intended relationship and its essential terms. Permission to stock goods or conduct limited business activity, prolonged occupation, and business or utility records do not independently create rights in the premises. Section 60(5)(c) supports insolvency jurisdiction over asset-recovery measures connected with the insolvency estate.
Capital-asset classification of land can survive separate land-trading activity, supporting long-term gains treatment and section 54F deduction.
Land consistently recorded as a fixed asset since 2007 and held for more than three years retains its character as a capital asset rather than stock-in-trade, notwithstanding separate land-trading activity. Taxpayers may maintain distinct investment and trading portfolios for immovable properties; classification of other land as trading assets does not, by itself, convert investment land into trading stock or an adventure in the nature of trade. Transfer of the Nikol land therefore gives rise to long-term capital gains, with deduction under section 54F available.
Circular No. Circular No. 28(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Supplies of short-term accommodation, conferencing and banqueting to SEZ developers or SEZ units are inter-State supplies because the specific SEZ supply rule prevails over the general place-of-supply rule. Zero-rated treatment and refund for supplies to SEZs require use for authorised operations and endorsement by the specified Zone officer. Suppliers of goods require confirmation of full admission into the SEZ, while suppliers of services require endorsed evidence of receipt. Fabric processors supplying job work services may obtain inverted-duty-structure refunds of unutilised input tax credit.
Notification No. H.12018/243/2021-LJD (TAX) Dated:- 18-3-2025 Mizoram SGST
Tax determination for financial year 2024-25 onwards is governed by section 74A for unpaid or short-paid tax, erroneous refunds, and wrongly availed or utilised input tax credit. Notices must generally be issued within forty-two months, and orders within twelve months, subject to a limited extension. Penalties differ between ordinary defaults and fraud, wilful misstatement, or suppression. In ordinary cases, payment of tax and interest before notice prevents notice and penalty, while payment within sixty days after notice avoids penalty. Fraud cases permit conclusion on payment of tax, interest, and specified penalties at pre-notice, post-notice, or post-order stages.
Ex parte appellate dismissal for non-prosecution requires merits-based reconsideration after adequate hearing where delay is reasonably explained.
Reasonable cause for delayed filing may be established where an authorised representative fails to communicate a first appellate dismissal, the assessee acts promptly after receiving a demand notice, and pandemic-related lockdowns explain the intervening period. An ex parte dismissal for non-prosecution, without examination of additions or disallowances on merits, requires restoration for merits-based adjudication when non-appearance is satisfactorily explained. Adequate opportunity of hearing must be afforded before determining the first appellate challenge in accordance with law.
2026 (5) TMI 158 - ANDHRA PRADESH HIGH COURT HC
GST portal service is a statutory method under Section 169, but its use in an ex parte demand proceeding depends on effective accessibility and a meaningful opportunity to reply and be heard. Rule 142 requires electronic DRC-01 and DRC-07 summaries to operate alongside the underlying show-cause notice and reasoned order. Portal placement, complete communication, e-mail transmission, technical reliability and proof of actual access may determine whether service is effective, whether waiver applies, and whether appellate limitation begins.
2026 (5) TMI 948 - ITAT BANGALORE AT
TNMM requires consistent computation of operating profit and operating cost for the tested party and comparables. A provision for doubtful debts connected with sales and trade receivables may be an operating expense, as may routine business levies; income-tax on profits remains excluded. A search matrix is a disciplined evidentiary tool, not a statutory bar to an out-of-matrix comparable. Inclusion requires proof of functional fit, filter satisfaction and reasons for its absence, while rejection cannot rest solely on matrix absence. FAR analysis, segmental reliability and material scale differences govern comparability.
Disallowance of a political-donation deduction does not, without more, establish misreporting for enhanced penalty purposes. A valid misreporting charge requires proof that the taxpayer's conduct falls within a specified statutory category, such as suppression of facts, false entries, or an evidentially unsupported claim; an adverse finding on the deduction's genuineness is insufficient by itself. Transparent disclosure and a bona fide, fully supported explanation remain relevant to ordinary under-reporting. Notices and penalty orders must clearly distinguish under-reporting from misreporting, identify the precise allegation, and provide a meaningful opportunity to respond. Acceptance of a disallowance is not an admission of misreporting.
Section 12AB requires the Commissioner to grant or reject charitable-registration applications after examining objects, genuineness of activities and material legal compliance. It does not create a category of registration whose effectiveness or tax benefits are suspended pending future litigation. Conditions may operate only where they reflect statutory requirements; prescribed forms, rules and administrative circulars cannot enlarge substantive powers. Post-registration concerns must be addressed through the separate cancellation process, including inquiry and hearing safeguards. A binding jurisdictional ruling remains applicable unless stayed, modified or reversed. The absence of an express irrevocability clause does not itself establish that a public charitable trust is revocable where no power of revocation is reserved.
Written acceptance of customs reassessment under Section 17(5) may dispense with a speaking order but does not, by itself, waive an importer's statutory right to challenge enhanced valuation. Consent letters must be read with the surrounding correspondence; payment under protest or requests for provisional clearance may negate unconditional acceptance. Transaction value remains the primary basis for valuation. Declared value may be rejected only where objectively grounded reasonable doubt exists under Rule 12, with written disclosure of grounds and a hearing on request. Any redetermination must follow the sequential valuation rules and rely on demonstrably comparable import data; generic NIDB references are insufficient. Challenges to an unchanged assessment must proceed through the statutory appeal route, not refund proceedings.
2026 (5) TMI 590 - CESTAT HYDERABAD AT
Gold seizure under Section 110 requires the proper officer to hold, before seizure, objectively supportable reasons to believe that goods are liable to confiscation. For gold, Section 123 shifts the burden of disproving smuggling only after a lawful seizure made in reasonable belief that the gold is smuggled. A general panchnama recital, foreign markings, high purity, or an uncorroborated retracted statement cannot alone establish that foundation. Reasons must exist contemporaneously and cannot be supplied retrospectively through later investigation.
GST treatment of leasehold transfers depends on whether the transaction is an original grant, sub-lease, or complete assignment. An original grant of a lease, tenancy, easement or licence to occupy land is classified as a supply of services; qualifying long-term industrial leases may receive the stated exemption for upfront amounts. A complete assignment, where the outgoing lessee transfers the whole residual term, possession, building and associated benefits and retains no reversionary or possessory interest, may constitute transfer of an immovable-property interest rather than a taxable service. Consideration labels are not decisive; the deed, lessor consent, assignee substitution and future rent obligations determine characterisation. Sub-leases or continuing occupation arrangements remain susceptible to GST.
Section 10(10AA)(ii) governs retirement leave encashment received by employees other than Central or State Government employees. Exemption remains subject to the ten-month earned-leave limit, average-salary calculation, thirty-days-per-year leave entitlement restriction, aggregate limits for multiple employers, and adjustment for earlier exempt receipts. Notification No. 31/2023 raises the notified ceiling to Rs. 25,00,000 and states retrospective effect from 1 April 2023 without adverse effect. Tribunal authorities discussed apply the enhanced ceiling to eligible pending claims for earlier assessment years, while maintaining that public sector undertaking and bank employees do not qualify as government employees under Section 10(10AA)(i).
Circular No. Circular No. 27(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Free-of-cost OEM-owned moulds and dies supplied to a component manufacturer where parties are neither related nor distinct are not a supply and do not require reversal of input tax credit when provided in the course or furtherance of business. Their value is excluded from the component supply unless the contract requires components to be made using moulds or dies of the component manufacturer; in that event, amortised cost is included and credit reversal is required.
Revisionary jurisdiction fails where the assessment already disallows the deduction or lawfully grants depreciation for electricity production.
Revision under section 263 requires both an erroneous assessment order and prejudice to the Revenue. Where the entire deduction under section 80-IA has already been disallowed, an alleged excess computation of that deduction cannot independently establish either requirement. Additional depreciation is available on new plant or machinery used for manufacture or production of an article or thing. Production has a wider scope than manufacture and includes bringing an article or thing into existence through human effort. Electricity generated through new captive and wind power plants constitutes production, supporting additional depreciation where the machinery and plant are new.
Notification No. H. 12018/83/2013-LJD Dated:- 5-4-2019 Mizoram SGST
Mizoram Goods and Services Tax law permits different provisions to commence on separately notified dates. It specifies the classes of GST officers that may be appointed, including Commissioner, Additional Commissioner, Joint Commissioner, Deputy Commissioner, Assistant Commissioner and State Tax Officer. Officers appointed under the Mizoram Value Added Tax Act, 2005 are deemed appointed under the GST framework. The Value Added Tax Act is amended from GST commencement, subject to constitutional and repeal-and-saving safeguards.
Circular No. Circular No. 26(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Input Service Distributors, composition taxpayers, and non-resident taxable persons may claim specified electronic ledger refunds using their respective prescribed returns instead of FORM GSTR-1 and FORM GSTR-3B. Compensation cess credit on inputs may be refunded for zero-rated supplies under bond or Letter of Undertaking where the final product is not subject to cess, but cannot be used to pay integrated tax or refunded where export is made on payment of integrated tax. Bond or Letter of Undertaking is not required for exports of exempt or non-GST goods without integrated tax payment.
Central excise civil appeals dismissed after delay condonation, with no substantive legal reasoning or broader principle recorded.
Civil appeals concerning central excise were dismissed after delay was condoned. No substantive legal reasoning, disputed legal question, statutory interpretation, or central excise principle is specified. The operative effect is limited to condonation of delay and dismissal of the appeals, without any stated general legal rule or clarification applicable beyond the appeals.