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2017 (3) TMI 1985
Case Laws Income Tax
Interest disallowance requires financial-statement review before reversing findings that loans produced no directly attributable exempt-income expenditure.
Interest disallowance under Section 14A read with Rule 8D requires examination of financial-statement treatment where loans to distribution companies generate corresponding interest charges and receivables. The first appellate finding of no directly attributable expenditure rested on that material. Reversal without addressing the financial statements or identifying perversity, error, or inconsistency in the factual findings cannot sustain the disallowance, leaving the merits for fresh determination.

Chennai Container Terminal Pvt Ltd's O Yard CFS is appointed custodian under section 45(1) for imported goods landed at Kamarajar Port and received at the CFS until clearance for home consumption, warehousing, or transhipment. It is also custodian of export cargo brought into its premises until export from that port. The custodian must comply with section 45, the Handling of Cargo in Customs Areas Regulations, 2009, and applicable rules, regulations, and instructions. The appointment takes effect on 30 September 2026.

Natural justice concerns arise where an appellate order records that written submissions and supporting documents were filed and considered on the hearing date, while the stated position is that only an adjournment request seeking additional time for a written submission and paper book was made. The issue concerns rectification of the appellate order in an income-tax appeal challenging a rectification order issued in response to a processing intimation.

Notification No. 81/2026 Dated:- 7-10-2026 Customs - Non Tariff
The revised customs port appointment for Dabhol Port covers unloading machinery and equipment for the Ratnagiri Gas and Power Private Limited Power Project, unloading liquefied natural gas and naptha, and loading imported project machinery and equipment for export. It also permits Square Port Shipyard Private Limited to unload goods for manufacturing and repairing ships, barges, similar vessels and rigs; import them for repair; and export them.

2014 (6) TMI 1097
Case Laws Income Tax
Business-loss deductibility for assigned inter-corporate debt fails where lending and assignment lack bona fide commercial character.
Business-loss deductibility for loss on assignment of an inter-corporate debt under Sections 28 and 37(1) depends on the bona fide commercial character of the lending and assignment. Further substantial advances despite the borrower's known financial deterioration and interest-payment default, together with the circumstances of the assignment and entities connected with the assignee, supported a finding that the transaction lacked bona fides. The resulting assignment loss was therefore not allowable as a business loss, with no perversity or legal error in the concurrent factual findings.

News and Press Release
Dated:- 8-10-2026
Competition Commission of India approval permits BCPE Wellbeing Holdco Two Limited and Integral Investments Asia IV Limited, funds managed or advised by Bain Capital, to acquire sole control over Omega-Meyer Limited and Meyer Organics Private Limited. The target businesses provide nutraceuticals globally and in India, while Meyer Organics Private Limited also produces and supplies certain over-the-counter and prescription finished-dose pharmaceuticals in India.

News and Press Release
Dated:- 8-10-2026
Competition Commission of India approval covers the acquisition by Concessoc 41 SAS of the entire shareholding in Vishavari Tollway Private Limited and nine special purpose vehicles. The target entities operate designated national-highway stretches in Andhra Pradesh, Odisha and Gujarat, while Vishavari Tollway Private Limited provides operation and maintenance and engineering, procurement and construction services for those highway assets.

News and Press Release
Dated:- 8-10-2026
Competition Commission of India approved the proposed combination involving CPP Investment Board Private Holdings (4) Inc.'s acquisition of certain shareholding in Prestige Hospitality Ventures Limited. The target is an Indian public limited company within the Prestige group and owns and develops hospitality assets, including hotels and serviced apartments. The acquirer is incorporated in Canada and is managed by Canada Pension Plan Investment Board.

News and Press Release
Dated:- 8-10-2026
Merger-control approval covers the proposed internal JSW Group restructuring through amalgamation of BMM Ispat Limited into JSW Steel Limited. The amalgamation would convert the group's majority interest in BMM into full ownership and is intended to enhance operational, financial and organisational efficiencies through economies of scale, resource pooling and capital rationalisation. BMM is commercially integrated in the group's supply chain through intra-group sales and procurements.

By: - Jayaprakash Gopinathan
Equality before law in public-service pay matters requires consideration of whether employees in the same cadre, governed by the same pay rules and affected by a common anomaly, are identically situated for revised pay-scale fixation. Similar relief should ordinarily follow, subject to verification of eligibility and exceptions such as delay, acquiescence, or party-specific judgments. Pay fixation and arrears require separate consideration, with continuing wrong principles and limitations remaining relevant. Authorities should assess entitlement and issue reasoned orders rather than compel repetitive litigation.

By: - DEV KUMAR KOTHARI
Differential income-tax-return due dates affect the period available to claim deductions for outstanding statutory sums under section 43B and to deposit TDS/TCS. Business taxpayers filing on a presumptive or non-audit basis face an earlier deadline than audit and transfer-pricing cases, creating a shorter payment window. A proposed corrective mechanism would permit an estimated deduction claim for qualifying payments expected by a later specified date, with a corresponding disallowance in the following year for amounts not paid.

By: - Raj Jaggi
Rule 110 separates electronic presentation from legal filing. A Provisional Acknowledgement records receipt of Form GST APL-05 and permits Registry scrutiny; under the Explanation to Rule 110(4), an appeal is treated as filed only upon a Final Acknowledgement carrying an appeal number. A pre-deposit required during scrutiny, if paid within the permitted defect-removal period and before Final Acknowledgement, meets the timing requirement for final filing. This mechanism permits cure of a pre-deposit deficiency but does not waive the payment condition.

RECENT GSTAT RELATED UPDATES..
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
Appointments to Group 'A' and 'B' posts in the Goods and Services Tax Appellate Tribunal are regulated through recruitment requirements covering pay levels, age limits, qualifications and disqualifications. Appeals involving an identical question of law across different Benches may be consolidated through a Transfer Appeal for taxpayers with multiple GSTINs linked to the same PAN. The portal process requires case selection, verification, document upload, checklist completion and final submission. Respondents may search the relevant case, upload and e-sign a reply, review it before submission, and obtain a receipt.

By: - DR.MARIAPPAN GOVINDARAJAN
Creditors may approve, modify, or reject the repayment plan at the meeting. Each proposed modification requires the debtor's consent, and approval requires support exceeding three-fourths in value of creditors present, represented by proxy where applicable, and voting. The Adjudicating Authority considers the creditor-meeting report, or the resolution professional's report where no meeting occurs, and may approve, reject, or require reconsideration of the repayment plan.

By: - Raj Jaggi
Urgent listing of a GST appeal may precede ordinary Registry scrutiny where cancellation of registration causes continuing commercial prejudice and delay may make appellate recourse practically ineffective. Sufficient cause requires exceptional, supported circumstances showing ongoing harm, not merely a request for priority. Registry scrutiny remains applicable, but its sequence may be adjusted under procedural powers. Early listing concerns scheduling only and does not waive limitation, statutory pre-deposit, prescribed fee, maintainability, defects or other mandatory conditions governing the appeal.

2026 (10) TMI 565
Case Laws Customs
Revised Customs prosecution threshold permits consideration of withdrawal for pending gold-smuggling complaints below the prescribed value limit.
Under the revised Customs prosecution threshold, a Magistrate may consider withdrawal of a pending complaint for outright smuggling of precious metals where the value falls below the revised limit. The earlier threshold was increased while the remaining circular terms continued. Prior issuance of a prosecution sanction does not, by itself, bar consideration of withdrawal under the revised threshold. The operative effect is to permit reconsideration of pending prosecutions that no longer meet the prescribed value criterion.

2026 (10) TMI 566
Case Laws GST
Best-judgment assessment for unregistered GST persons must precede tax-demand proceedings under the general show-cause mechanism.
Section 63 provides the statutory mechanism to determine the tax liability of a person liable for GST registration who failed to obtain it. It requires a best-judgment assessment and an opportunity of hearing before an assessment order is made, and operates notwithstanding Section 74. For an unregistered person, assessment proceedings through notice in ASMT-14 are required before a tax-demand show-cause notice under Section 74 is pursued. Eligibility for any claimed exemption remains to be determined under the applicable GST enactment.

2026 (10) TMI 567
Case Laws GST
Alternative statutory remedy bars a delayed writ challenge where portal notices and tax orders were received but not timely contested.
Writ jurisdiction is not available to challenge a portal-uploaded tax notice and consequential final order when the recipient received the notice but failed to use the prescribed statutory remedy. Objections that the electronic notice was merely a summary or lacked required particulars had to be raised through a timely reply before the final order. Unsubstantiated claims of not viewing the portal notice or order, despite accessing the portal for input tax credit purposes, do not excuse continued inaction. Rejection of the writ petition for failure to pursue the alternative statutory remedy therefore stands.

2026 (10) TMI 568
Case Laws GST
GST portal authentication validates unsigned demand PDFs and treats upload as service triggering statutory limitation periods.
Chapter XVIII GST notices, orders and DRC summaries may be validly authenticated through DSC-based portal processes even where taxpayer-facing PDFs show no visible physical or digital signature. Electronic authentication through the officer's certificate, protected key, immutable record and hash value satisfies Information Technology Act requirements; Rule 26(3) does not impose a signature requirement on Chapter XVIII communications. Upload on the GST common portal constitutes valid service and starts limitation from the upload date, including communications placed under the Additional Notices and Orders tab after 16 January 2024. Portal communications must carry either a Document Identification Number or a verifiable Reference Number; absence of both invalidates the communication.

Electronically authenticated GST show-cause notices, adjudication orders and DRC summaries uploaded on the common portal remain valid even where taxpayer-facing PDFs display no physical or digital signature. Registered digital signature certificates, immutable electronic records, hash values and officer-certificate mapping satisfy electronic-authentication requirements; form signature fields cannot add to the Rules. Portal uploads constitute valid service and begin limitation; after the portal expressly identified the Additional Notices and Orders tab, taxpayers cannot claim ignorance of communications uploaded there, while challenges concerning earlier uploads remain open. GST communications may bear either a DIN or an independently verifi.....

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