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Section 144C Limitation Starts When Digitally Signed DRP Directions Are Uploaded and Accessible on the ITBA Portal
Section 144C(13) requires a final assessment conforming to Dispute Resolution Panel directions to be completed within one month from the end of the month in which the directions are received. Digitally signed directions uploaded to the ITBA portal are treated as accessible to the Faceless Assessing Officer on the upload date. Internal system processing, asserted non-receipt, or differing user functions do not defer limitation; an assessment made without the directions cannot satisfy the conformity requirement.
Political contribution deductions require verified banking evidence, while acknowledged donations arising from search inquiries can support reassessment.
Reassessment was sustained where a search-related inquiry identified an assessee's political donation and the assessee acknowledged it during assessment inquiry. A deduction for political contribution cannot be determined on merits without verifying bank records for possible prior cash receipt or subsequent return of donated funds. The deduction issue requires fresh adjudication after verification of donation evidence and an opportunity of hearing, consistent with principles of natural justice.
Settlement applications filed within the extended relaxation period require Interim Board consideration, subject to statutory eligibility.
CBDT's extended-relaxation circular permits the admission and processing as pending applications of settlement applications filed after 31 January 2021 and before 30 September 2021, provided the assessee was otherwise eligible and relevant assessment proceedings remained pending. Applications filed within that period require consideration by the Interim Board in accordance with the circular and applicable law. Eligibility to apply for settlement under section 245C remains subject to separate examination and is not determined merely by filing within the extended period.
GST
Dated:- 8-10-2026
GST process reforms propose automated registration, registration amendments and cancellation, return reconciliation, input tax credit correction, and phased system-based refund processing. Standardised demand notices and adjudication safeguards are proposed alongside lower penalties, capped penalty-only appeal pre-deposits, withdrawal of arrest powers and narrowed prosecution provisions. Input tax credit reforms would expand refunds and remove specified blocked-credit restrictions, while export measures would broaden zero-rated and export-of-services eligibility. Goods interception would be intelligence-based and authorised, with further compliance relief for small taxpayers and targeted classification, exemption and reverse-charge measures.
Income-tax treatment of corpus receipts received by a co-operative housing society for granting development rights to a developer is considered for return reporting. The developer has deducted tax at source under section 194-IC, raising the issue of the receipts' resulting income-tax implications in the society's return.
Revision for inadequate verification survives, but flat profit estimation on subcontracted receipts requires factual examination.
Revisionary jurisdiction under section 263 may be sustained where profit is estimated on reduced work receipts despite TDS-backed total contract receipts, without examining subcontract arrangements and related commission income. However, subcontracted receipts cannot automatically be subjected to the same flat profit rate applied to other receipts merely because related income remains unverified. Income attributable to subcontracted work requires factual verification of the income disclosed, while revision remains confined to the inadequately examined assessment.
Circular No. Instruction No. 20/2026 Dated:- 7-10-2026 Order-Instruction Dated:- 7-10-2026 Order-Ins...
Compulsory registration requirements under the Electronics and Information Technology Goods (Requirement for Compulsory Registration) Order, 2021 are extended to screen protectors for smartphones. These goods must conform to Indian Standard IS 19348:2025, titled "Glass Screen Protector - Specification." The registration requirement applies from 1 April 2027, and customs field formations must take the expanded compulsory registration coverage into account for necessary action.
Section 14A disallowance cannot exceed exempt income where an earlier direction imposing that restriction was omitted.
Section 14A disallowance relating to exempt income is restricted to the amount of dividend income where that limitation was directed for the relevant assessment year. Omission to record and apply the earlier direction restricting the disallowance to exempt income constitutes a mistake apparent from the record. The required correction limits the disallowance to the exempt-income amount.
Customs, DGFT & SEZ
Dated:- 8-10-2026
Free Trade Agreements are positioned to preserve sensitive domestic interests, particularly agriculture, fisheries and MSMEs, while widening market access for agricultural, marine, engineering, precision and electronic products and facilitating foreign investment. Proposed FTA utilisation desks across State Councils would assist MSMEs in using preferential arrangements, understanding rules of origin and market-access opportunities, participating in delegations and exhibitions, and presenting products and technologies to overseas markets.
Reassessment objections require fresh consideration, clarification of reopening figures, and a personal hearing before further assessment proceeds.
Assessment order and consequential notices were quashed. The objection to reopening of assessment under Section 147 was remanded for reconsideration, with an opportunity for further submissions, clarification of figures stated in the reopening reasons, and a personal hearing under prescribed rules. The merits remained open. Until disposal of the reopening objection, the jurisdictional Assessing Officer retains the matter; subsequent assessment proceeds under the Faceless Scheme.
Co-operative bank deposit interest deductions remain available to credit societies, preventing revision where the assessment correctly allows relief.
Section 80P(4) excludes specified co-operative banks from the deduction but does not remove a co-operative credit society's eligibility under Section 80P(2)(a)(i) or Section 80P(2)(d). Interest earned by such a society on deposits with a co-operative bank remains deductible where that bank is a registered co-operative society within Section 2(19). Allowing this deduction does not make the assessment erroneous and prejudicial to the Revenue; consequently, revision under Section 263 on that basis is unsustainable.
Unaddressed appeal grounds justify limited recall for adjudication, including challenges to revision affecting deductions on enhanced profits.
Recall of a prior appellate order is warranted where a ground of appeal was raised but remained unaddressed. The omitted ground challenged revision under Section 263 concerning deduction of profits enhanced by disallowance of an NPA provision. Because the omission was conceded, the prior order was recalled on a limited basis solely to adjudicate that ground. The matter is to be listed for hearing in the regular course.
Cocoanut plantation status as a statutory improvement restricts enhanced rent, while res judicata remains limited to previously litigated land.
Under the Estates Land Act, a cocoanut plantation falls within "fruit garden" and constitutes a statutory improvement because cocoanuts are fruits and cocoanut trees are fruit trees. Enhanced rent beyond the dry rate is therefore not chargeable for that improvement. In recurring rent claims, res judicata binds the same landlord and tenant as to rights previously determined for the same holdings and areas of cocoanut cultivation, even where the earlier legal interpretation was erroneous. Its effect does not extend to land subsequently planted with cocoanut trees that was not previously litigated; those additional areas require verification and determination under the correct statutory interpretation.
Agricultural produce classification includes refined coconut oil as a processed coconut derivative under both statutory definitions.
Refined coconut oil qualifies as agricultural produce under the Bihar Agricultural Produce Markets Act, 1960, both before and after the 1982 amendment. The amended definition encompasses processed, unprocessed and manufactured products derived from agriculture, horticulture or plantation, and generally does not require scheduled inclusion; that requirement is limited to livestock and poultry. Under the earlier definition, coconut appeared in the Schedule, falls within the ordinary meaning of vegetable, and oil extracted from it is vegetable oil and a processed coconut derivative. Undefined expressions may be interpreted using dictionaries and encyclopaedias.
2026 (9) TMI 816 - PUNJAB AND HARYANA HIGH COURT HC
Section 151A and the e-Assessment of Income Escaping Assessment Scheme, 2022 require covered reassessment functions and section 148 notice issuance through automated allocation. Risk-based selection of cases is distinct from randomised allocation of the officer authorised to act. Sections 148A and 148 form an integrated reassessment sequence, so general concurrent jurisdiction, administrative instructions or digital service cannot substitute for the prescribed faceless allocation. Section 147A did not amend the continuing statutory and scheme-based allocation requirements and is treated as constitutionally invalid.
Agricultural land exemption, corporate guarantees and exempt-income disallowance turn on records, arm's-length benchmarking and book-profit limits.
Agricultural-land capital-gains exemption depends on the land's character at the time of sale, requiring verification of the conversion date and relevant property and revenue records. Interest on a loan to a bankrupt overseas subsidiary remains subject to arm's-length benchmarking for the relevant broken period. A corporate guarantee for an associated enterprise falls within international transactions, with 0.5% treated as a reasonable commission, while foreign-currency debenture interest requires use of the correctly verified LIBOR rate. Expenditure disallowance related to exempt income cannot exceed that income and cannot be added to book profit unless it falls within specified book-profit adjustments.
Transfer pricing references below the prescribed threshold cannot extend the assessment limitation period where binding instructions require direct arm's-length pricing.
CBDT Instruction No. 3/2003 required the Assessing Officer to determine the arm's-length price without referring international transactions to the Transfer Pricing Officer where their value did not exceed the prescribed monetary threshold. The instruction bound income-tax authorities. A reference made despite transactions falling below that threshold was unsustainable and could not trigger the extended assessment period. Consequently, the assessment was invalid as time-barred.
2026 (8) TMI 230 - Supreme Court SC
Under Article 136, a refusal of special leave remains a discretionary leave-stage determination. A non-speaking dismissal does not merge the challenged lower-court decision into a Supreme Court order, affirm its reasoning, or automatically create res judicata. A speaking refusal may bind only as to legal propositions expressly declared under Article 141, without producing merger. Merger arises when leave is granted and appellate jurisdiction is exercised. Review, writ, and remanded proceedings remain subject to independent procedural requirements, including limitation and safeguards against abuse.
2026 (8) TMI 1061 - Supreme Court SC
Section 37 of the NDPS Act imposes cumulative bail conditions in commercial-quantity cases: the court must find reasonable grounds to believe the accused is not guilty and unlikely to reoffend while on bail. These requirements supplement ordinary bail factors and demand a genuine, provisional assessment of credible material. Personal liberty and trial delay remain relevant, but must be reconciled with the statutory threshold. Bail conditions, including verification safeguards for foreign nationals, must be proportionate, genuine and capable of enforcement.
Section 151 approval requires recorded independent satisfaction; a bare reopening endorsement invalidates reassessment proceedings for taxpayers.
Section 151 approval for reassessment requires the competent authority to form and record independent satisfaction after considering the recorded reasons for reopening. A bare endorsement that a matter is fit for reopening, without demonstrable application of mind, is mechanical and fails the statutory safeguard. Reassessment initiated on that basis is invalid, and the reassessment proceedings were quashed in favour of the assessee.