This commentary provides doctrinal analysis and practical insights on the legal issue discussed below. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court. 2026 (7) TMI 1337 - MADRAS HIGH COURT Introduction Refund of accumulated unutilised input tax credit under an inverted duty structure remains a tightly confined statutory remedy. The governing question is not whether the principal raw material and the finished product... ... ...

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court. 2026 (7) TMI 1769 - JAMMU AND KASHMIR AND LADAKH HIGH COURT At a Glance • Section 129(3) establishes two distinct and sequential seven-day requirements: the proper officer must issue the penalty notice within seven days of detention or seizure, and must thereafter pass the penalty order within seven days from service of tha... ... ...

The Information Technology (Conditions of Service of the Controller) Amendment Rules, 2006 amend rule 5 of the Information Technology (Conditions of Service of the Controller) Rules, 2000. At both occurrences in that rule, "Secretary" is substituted with "an Additional Secretary". The amendment takes effect upon publication in the Official Gazette.

HON'BLE JUSTICE (RETD). T KRISHNAVALLI, MEMBER (JUDICIAL) AND HON'BLE SHRI SATYA RANJAN PRASAD, MEMBER (TECHNICAL) For the Petitioner Companies : Ms. Vinuta Undale, PCS For the IT : Shri. Hemanth Rao, Adv. For the ROC/RD : Shri. Ganesh R. Ghale, Adv. ORDER Per: T. Krishnavalli, Member (Judicial) 1. This is a joint second motion petition filed by EMC IT Solutions India Private Limited (for brevity, the "Transferor Company No. 1/ Applicant Company No.1"), EMC Technology I... ... ...

This commentary provides doctrinal analysis and practical insights on the legal issue discussed below. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court. 2026 (7) TMI 1839 - SC Order 1. Introduction The constitutional validity of the supplier-tax-payment condition for input tax credit has now been affirmed by the Supreme Court in 2026 (7) TMI 1839 - SC Order. The Court upheld the conclusion that there is no basis to de... ... ...

Omission of Rule 96(10) without a saving clause requires pending claims for refund of integrated tax paid on exports to be assessed without the former eligibility restriction. The Supreme Court treated the omission as applicable to proceedings pending on 08 October 2024, because no provision preserved the omitted sub-rule. Section 6 of the General Clauses Act does not save proceedings under an omitted rule, as it applies to repeal by a Central Act or Regulation rather than subordinate legislation. Independent refund conditions under the zero-rated supply, Section 54 and Rule 96 framework, including applicable procedures and limitation, continue to govern refund entitlement.

Substituted CGST pre-deposit requirement for penalty-only orders does not govern an appeal arising from a formal show-cause notice issued before 1 October 2025, absent express retrospective language or necessary implication. The right of appeal and its applicable conditions vest when the lis commences; a filing-stage deposit that bars institution is substantive, not merely procedural. Admitted amounts remain payable, while a mandatory applicable deposit cannot ordinarily be waived or reduced by the Appellate Authority.

The Chairperson of the Cyber Appellate Tribunal must promote timely disposal of matters, implement applicable employee, welfare and grievance-redressal guidelines, and issue guidelines or circulars consistent with the Information Technology Act. The Chairperson may engage specialised experts and amicus curiae, correct clerical or arithmetical errors, determine procedures in unprovided circumstances upon recorded reasons, and obtain regular particulars of cases filed before or disposed of by Adjudicating Officers.

Interim protection from arrest cannot survive dismissal of an anticipatory-bail application as not maintainable, because interim relief must remain ancillary to a pending substantive proceeding. Under the GST arrest framework, a summons does not itself make a person an accused or create a legally sustainable apprehension of arrest. Arrest requires the Commissioner's reasoned authorisation based on reasons to believe that a specified offence has been committed. That authorisation must be communicated before arrest, enabling the affected person to pursue anticipatory bail, judicial review, or other available remedies. Communication is a statutory procedural safeguard, not residual bail protection after dismissal.

Section 74 requires the notice itself to state the material facts supporting the precise statutory limb invoked and the causal nexus between that conduct and the alleged tax consequence. The phrase "by reason of" requires a pleaded connection; a tax discrepancy coupled with a conclusory allegation of fraud or suppression is insufficient. The notice should identify the relevant act, omission, representation, non-disclosure or device, explain why it is deliberate or wilful, and enable an effective response.

Section 87A, as applicable to the relevant assessment year, allows a resident individual under the concessional regime to claim a rebate from income-tax on total income, including tax computed on qualifying short-term capital gains under section 111A, where the prescribed conditions are met. Section 111A fixes the special-rate computation for those gains but does not expressly exclude the resulting tax from the rebate base. Section 115BAC(1A) preserves Chapter XII special-rate computation and does not displace the separate rebate. By contrast, section 112A(6) expressly limits rebate against tax on specified long-term capital gains. Eligibility remains dependent on assessment-year-specific statutory text, resident status, applicable income limit, and any express restriction.

At Non-EDI Customs locations, physical Export Declaration Forms furnished by exporters must be received, authenticated by the specified authority, and forwarded to the Authorised Dealer named in the form. Authenticated forms should, where practicable, be transmitted electronically from a single official Government email address, with records maintained of forms authenticated and forwarded. Customs Commissioners must identify Non-EDI locations and ensure that this mechanism operates from 1 October 2026.

Transfer-pricing comparability under the transactional net margin method requires economically reliable uncontrolled benchmarks under Section 92C and Rule 10B. Turnover is not a standalone statutory bar, but material scale differences may justify excluding enterprises where brand value, intangibles, bargaining power, assets, risks or market conditions could affect margins. A turnover threshold must therefore be supported by transaction-specific comparability analysis rather than applied as a universal rule. Related-party transaction filters seek to reduce the influence of controlled dealings on comparable profitability. A 15% threshold is ordinarily appropriate where sufficient reliable comparables exist; a higher threshold requires a recor.....

Income-tax proceedings involved special leave petitions concerning an unspecified underlying dispute. Delay was condoned and the petitions were dismissed. No substantive income-tax analysis, statutory interpretation, or articulated legal principle accompanied the dismissal. The procedural resolution does not identify the tax issue, grounds advanced, or basis for dismissal in the underlying proceedings.

Union Cabinet approval commits Rs.10,000 crore towards establishment of the SME Growth Fund as an Alternative Investment Fund framework for direct equity investment in small and medium enterprises. The initiative is intended to catalyse long-term, patient growth capital for SMEs and address the identified shortage of equity financing for enterprises beyond the early stage, where existing equity-support funds predominantly serve micro and early-stage businesses.

Integrated Transport & Logistics Authority will function as a special purpose vehicle for integrated transport and logistics planning, research, technical project appraisal, monitoring, policy support and data analytics. It will prepare a long-term National Transport Master Plan, assess sectoral and annual plans for alignment and multimodal integration, technically appraise and monitor specified major infrastructure projects, and undertake impact assessments. It will also maintain a unified transport data repository and support logistics-policy review, capacity building, training, skilling, research and innovation.

Critical Information Infrastructure comprising IDFC FIRST Bank's Core Banking Solution, Real Time Gross Settlement system, Immediate Payment Service Switch and Unified Payments Interface Switch, together with associated dependencies, is declared to be protected systems under section 70 of the Information Technology Act, 2000. The declaration applies to computer resources supporting these banking and payment functions.

Written complaints alleging misbehaviour or incapacity of the Presiding Officer are preliminarily scrutinised and, where necessary, investigated by a designated Committee. On reasonable grounds, a Supreme Court Judge is appointed to conduct an inquiry, with notice of charges and a reasonable opportunity for written defence. Denied incapacity allegations may require Medical Board examination. The inquiry follows natural justice, permits regulation of procedure, and applies statutory powers for witness attendance and document production. Suspension may be ordered pending investigation or inquiry.

Revision under Section 263 was treated as invalid where it rested on notional annual letting value for unsold flats held by a builder as stock-in-trade. Revision requires an assessment order to be both erroneous and prejudicial to Revenue interests. Conflicting High Court views on applying Section 23(1)(a) to such flats meant that two reasonable interpretations were available. The interpretation favourable to the assessee applied: the flats remained stock-in-trade, and sale proceeds were business income rather than notional income from house property. The revision order was consequently quashed.

Recall of an ex parte merits order requires sufficient cause and a substantiated error warranting intervention. Repeated issue of hearing notices, prior adjournments due to non-appearance, and an earlier adjournment request demonstrate awareness of pending proceedings. Failure to attend or monitor listed proceedings, without proof of non-receipt of notice or another specific error in the merits order, does not establish grounds for recall. A non-receipt claim without supporting material therefore lacks the necessary basis to reopen the ex parte order.