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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 moulds and dies provided by an original equipment manufacturer to an unrelated component manufacturer in the course of business do not constitute supply, require no input tax credit reversal, and are excluded from the component value where the component manufacturer did not bear their cost. If the contract required the component manufacturer to use its own moulds and dies, the amortised cost of moulds and dies supplied free of cost is included in component value and input tax credit must be reversed. E-way bill requirements depend on inter-State movement of goods, while railway delivery requires production of the e-way bill.
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...
Refund claims for electronic cash or credit ledger balances by ISDs, composition taxpayers, and non-resident taxable persons do not require FORM GSTR-1 or FORM GSTR-3B. FORM GSTR-4, FORM GSTR-6, and FORM GSTR-5, respectively, are sufficient. For specified tax periods, refund applications for integrated tax or cess on exported services and zero-rated SEZ supplies may be filed in FORM GST RFD-01A despite erroneous reporting in column 3.1(a), where correct GSTR-1 details were furnished and tax liabilities discharged; claims are capped at aggregate tax or cess reported in columns 3.1(a), 3.1(b), and 3.1(c).
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.
Circular No. Circular No. 25(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Transfer of tenancy rights to an incoming tenant for tenancy premium is a supply of services taxable under GST. Stamp duty and registration charges do not exclude the transaction from GST, and such transfer is not treated as sale of land or building. Grant of tenancy rights in a residential dwelling for use as a residence is exempt, whether consideration is tenancy premium, periodic rent, or both. Surrender of tenancy rights by an outgoing tenant for a portion of tenancy premium remains taxable.
Joint development consideration: transfer of undivided land shares is capital gains where the owner is not conducting real-estate business.
Consideration received by a landowner under a joint development arrangement for transferring undivided land shares is chargeable as capital gains where the owner is not engaged in selling sites, flats, or land as a business. A cost-free superstructure received from the developer constitutes consideration for the transferred undivided land interest. Where the developer owns and sells the constructed superstructure to third parties, the landowner's transaction represents realisation of a capital asset at a better price rather than a business venture.
Notification No. G.S.R. 83/P.A.5/2017/S.164/Amd.(57)/2022 Dated:- 11-11-2022 Punjab SGST
From dates separately notified, amended Rule 10A requires bank-account details to relate to an account in the registered person's name and obtained on that person's PAN, with proprietorship PAN-Aadhaar linkage. Rule 10B requires Aadhaar authentication by the representative applicable to the entity for applications to revoke cancelled registration, FORM GST RFD-01 refund applications, and integrated-tax refunds on exported goods. Where Aadhaar has not been assigned, the relevant person must furnish an Aadhaar Enrolment ID slip with a photograph-bearing bank passbook, voter identity card, passport, or driving licence, then undergo authentication within 30 days after Aadhaar allotment. Refund credit is limited to an applicant account in the applicant's name and obtained on the applicant's PAN.
Customs, DGFT & SEZ
Dated:- 15-10-2026
Ministerial policy priorities for India's trade, investment and technology agenda emphasise artificial intelligence, cybersecurity, technology adoption, manufacturing investment and lifelong skill development. Investment competitiveness is linked to political stability, resilient supply chains, and fair and transparent trading practices. The first tranche of a bilateral trade agreement with the United States has been finalised, while final contours and legal drafting continue before operationalisation.
Circular No. Circular No. 24(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
Legacy tax arrears and inadmissible transitional input tax credit are recoverable as State tax liabilities where they remain unrecovered under the existing law. Tax liabilities, including wrongly carried-forward credit, may be discharged using electronic credit or cash ledger balances and are recorded in Part II of the Electronic Liability Register. Related interest, penalties and late fees must be paid through the electronic cash ledger. Legacy return liabilities follow the prescribed portal process, while arrears of persons not registered under the Tamil Nadu GST framework are recovered in cash under existing law.
Notification No. G.S.R.84/P.A.5/2017/S.164/Amd.(58)/2022 Dated:- 11-11-2022 Punjab SGST
Punjab Goods and Services Tax framework extends the period specified in rule 137 from four years to five years, effective 30 November 2021. FORM GST DRC-03 now expressly covers tax intimation through FORM GST DRC-01A and payment contexts including scrutiny, audit, inspection, investigation and specified return mismatches. Its revised payment table records tax period, place of supply, tax components, total amount, cash or credit ledger utilisation, and debit-entry details.
Export-service tax refunds extend to Swachh Bharat Cess and Krishi Kalyan Cess on eligible taxable services.
Swachh Bharat Cess and Krishi Kalyan Cess paid on eligible taxable services used for exporting goods are refundable under Notification No. 41/2012-ST. The Finance Act, 2015 and Finance Act, 2016 treat the respective cesses as service tax for refund purposes and apply service-tax refund provisions to them. A harmonious reading of those provisions with the notification supports refund eligibility for export-related services, consistent with the principle that taxes should not be exported.
Circular No. Circular No. 23(2018)/ 2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 T...
Registered exporters must submit FORM GST RFD-11 through the common portal. An LUT is deemed accepted upon online generation of an acknowledgement bearing an Application Reference Number, and no physical documents need be submitted. An LUT of an exporter later found ineligible to furnish an LUT instead of a bond is liable to rejection ab initio.
Circular No. Circular No. 22(2018)/2019-TNGST Dated:- 29-3-2019 Tamil Nadu SGST Dated:- 29-3-2019 Ta...
GST portal IT-grievance redressal addresses system-wide technical failures that prevent a class of taxpayers from timely filing prescribed forms or returns, provided collateral evidence demonstrates a bona fide attempt to comply. Relief may permit filing of a form or return or amendment of one already filed. The mechanism is confined to Common Portal problems affecting a large taxpayer group and excludes individual difficulties caused by local internet or power failures.
Search assessment additions require seized incriminating material, while documented unsecured loans satisfy cash-credit evidentiary requirements.
Completed assessments under Section 153A permit additions only where incriminating material is found during the search. Statements or information obtained through post-search collateral enquiries cannot replace that jurisdictional requirement, particularly where a loan was already disclosed in the books and balance sheet. An unsecured loan is not liable to addition as unexplained cash credit where confirmation, PAN, tax return records, audited financial statements and bank evidence establish the lender's identity, creditworthiness and the transaction's genuineness. Banking-channel repayment and interest payments with tax deduction further support the disclosed loan.