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Search-triggered deemed escapement requires section 148 proceedings and prior approval, making standalone regular assessments jurisdictionally invalid.
Following a search, the deemed-escapement framework applies to the assessment year immediately preceding the search year. Assessment of that year must proceed through the special reassessment mechanism under section 148, rather than solely under the general assessment provision in section 143(3). A notice under section 148 and prior approval under section 148B are mandatory jurisdictional requirements before an assessment order is made. Their undisputed absence makes recourse to section 143(3) impermissible, rendering the assessments without jurisdiction and liable to be quashed.
Recall of ex parte appellate orders follows satisfactory explanation for non-appearance, restoring the appeal for fresh hearing.
Recall of an ex parte appellate order may be granted where an assessee demonstrates good reasons for previous non-appearance. Acceptance of the explanation results in recall of the ex parte order and restoration of the appeal for a fresh hearing, with notice to both parties. The miscellaneous application was accepted and the appeal was directed to be listed afresh.
Defective penalty notices lacking a specific charge invalidate proceedings, while non-speaking special-leave refusals do not alter binding precedent.
Penalty notices issued under Sections 274 and 271(1)(c) must identify whether the proposed charge is concealment of income or furnishing inaccurate particulars. Retaining both statutory limbs without eliminating the inapplicable limb makes the notice vague, demonstrates non-application of mind, and vitiates the resulting penalty proceedings. A non-speaking refusal of special leave under Article 136 does not trigger merger or constitute a declaration of law under Article 141. It therefore does not displace applicable jurisdictional precedent on defective penalty notices.
Reassessment requires a direct nexus between material and escaped income; unproven dividend sham allegations cannot justify reopening.
Reassessment based on allegations of mutual fund manipulation requires material establishing a direct and rational nexus with the assessee's alleged escaped taxable income. Same-day purchase of mutual fund units and receipt of exempt dividend do not, without more, prove knowing participation in a sham arrangement or render the dividend non-genuine. Dividend-stripping transactions are specifically regulated and are not automatically fictitious. Where the information does not link the assessee to the alleged manipulation, the jurisdictional conditions for reopening under the Income-tax Act are not satisfied, rendering reassessment initiation invalid.
Retrospective charitable registration remains available despite commercial receipts where pending applications meet statutory conditions and public-utility functions lack profit-distribution motive.
Registration under Sections 12A and 12AA may extend retrospectively to earlier assessment years where an application remained pending until Section 12A(2) applied, statutory conditions were met, and the entity's public-utility character was established. This preserves eligibility for exemption under Sections 11 and 12 despite later processing of the application. Commercial receipts exceeding the prescribed threshold did not, for the relevant period governed by the unamended Section 2(15), displace charitable status where a governmental civic body carried out planned development and public amenities without a profit-distribution motive. Registration consequently continued for subsequent relevant assessment years.
Reasoned appellate orders require consideration of every material ground and prescribed GST driver statements, requiring fresh penalty adjudication.
GST procedure requires a driver's or person in charge's statement to be recorded in Form GST MOV-01. A statement recorded on a plain sheet has little evidentiary value where it does not follow the prescribed form. Statutory appellate review also requires a reasoned, speaking order that addresses every material ground and the evidentiary basis for adverse findings. Failure to consider a challenge to the driver's statement or other material contentions renders the appellate determination unsustainable, requiring fresh penalty adjudication after hearing the assessee.
Sections 153 to 155 of the Finance Act, 2026 take effect on 1 November 2026. Their commencement activates the amendments enacted through these provisions, including amendments to sections 15, 34, 54 and 101A. The amendments accordingly apply from the appointed date, which establishes the operative commencement date for the specified Finance Act changes under central tax law.
40.103 hectares of the textile Special Economic Zone at Duppituru, Moturupalem, Maruturu and Gurujaplem villages have been de-notified under the Special Economic Zones Act, 2005 and the Special Economic Zones Rules, 2006. The SEZ's resultant notified area is 321.275 hectares. The released parcels are to be used for infrastructure supporting the SEZ's original objectives and must conform to applicable State land-use guidelines and master plans.
Debenture trustees holding valid registration certificates receive a further six-month extension, until 27 April 2027, to transfer activities not regulated by SEBI to separate business units under Regulation 9C of the Debenture Trustees Regulations. The extension responds to implementation challenges concerning separate business unit guidelines and an ongoing expert review of the regulatory framework for debenture trusteeship activities. All other terms and conditions governing such activities, as prescribed in the operational framework issued on 25 November 2025, remain unchanged.
GST registration applicants must file the appropriate online form and furnish accurate, legible information on business constitution, promoters, authorised signatories, and principal or additional places of business, supported by prescribed premises documents. Aadhaar authentication generally enables processing within seven working days; non-authentication, risk selection, or authorised physical verification permits processing within thirty days. Eligible small suppliers may receive automated simplified registration within three working days, subject to restrictions on input tax credit passed to registered recipients. Officers may seek clarification only through FORM GST REG-03 for specified deficiencies, must avoid irrelevant or presumptive queries, and must decide replies within seven working days. Registration is deemed approved if no timely action occurs.
The omission of rule 96(10) of the CGST Rules is to be given retrospective effect from 23 October 2017. The rule had restricted IGST refunds on exports where specified input exemptions or concessional benefits were availed, to prevent double benefits. In the absence of a saving or sunset clause, omission applies to proceedings pending when the rule was removed; the General Clauses Act does not preserve pending proceedings following omission of a rule. Pending proceedings concerning rule 96(10) must therefore be dealt with on that basis. The same treatment applies to the omissions of rules 89(4A) and 89(4B).
Receipt of consideration for exported services in convertible foreign exchange or through repatriable INR accounts, including SNRR, INR Nostro and NRE accounts, satisfies the IGST export-of-service payment condition, subject to applicable FEMA and RBI requirements. Payments through NRO accounts qualify only when routed through repatriable INR accounts. RBI-compliant set-off of service export receivables against service import payables, and reinsurance brokers' net retention of commission, also satisfy that condition. For exported goods, the FEMA-prescribed or extended period governs realisation of sale proceeds for GST refund purposes. Refund recovery for non-realisation does not apply where an AD Bank writes off the realisation requirement wholly or partly.
Input tax credit on demo vehicles used by authorised agents in the dealer-agency model is not blocked under the passenger motor vehicle restriction. The expression "such motor vehicles" permits credit not only for the particular vehicle ultimately supplied, but also for demo vehicles used to further supplies of similar vehicles. Although customer sales are made directly by the manufacturer in the dealer-agency model, the demo vehicles serve the same sales-promotion purpose as in the traditional dealership model. The earlier clarification denying credit to dealer-agency agents is withdrawn, ensuring equivalent ITC treatment for demo vehicles under both models.
Section 17(4) permits the fifty-percent eligible input tax credit method only for registrations of banking companies, financial institutions and NBFCs that supply deposit, loan or advance services; registrations not providing those services cannot elect or must not follow that method. Once an eligible registration elects it, all eligible registrations of that entity must comply. The second-proviso relaxation applies only to supplies received from same-PAN registrants that have also elected section 17(4). GSTR-3B reporting requires permanent reversal of non-business, blocked and the remaining ineligible credit, with temporary reversal and later reclaim of credit where section 16 conditions are subsequently met. Under IMS, presently ineligible invoices must be kept pending. Earlier reporting practices should not attract adverse action if the resulting credit conforms to these principles.
Input Service Distributors must obtain registration where separately registered business verticals or places of business receive input-service invoices for distinct persons, and must distribute credit only to the attributable recipient. Recipients must satisfy input tax credit eligibility conditions and undertake required reversals; ISDs remain liable for penalties for improper distribution, while excess credit is recoverable from recipients. Credit must be distributed in the month the ISD prima facie determines it eligible, separately identifying eligible and ineligible credit in GSTR-6. The rule 54(1A) mechanism merely transfers credit: related invoices do not form turnover or Net ITC for refund purposes, and reversals rest with recipients rather than the transferring registrant.
CGST appeal pre-deposit requirements distinguish admitted liability, payable in full, from disputed tax, of which 10% must be deposited at each appellate stage. The Tribunal-stage deposit is calculated on the disputed liability confirmed by the Appellate Authority. Refund of pre-deposit following a favourable appellate order does not require an express refund direction and must be claimed through FORM GST RFD-01 under "on account of order". A departmental further appeal does not bar refund unless the favourable order is stayed. Interest on refunds is computed separately from each actual pre-deposit payment date. On remand, pre-deposit is refundable; for partial remand, confirmed demand and applicable interest must first be recovered or adjusted.
CGST demand, adjudication and first-appeal guidelines require show cause notices to state material facts, legal grounds, evidence, issue-wise quantification, and electronic summaries in prescribed forms. Demands based on fraud, wilful misstatement or suppression require disclosed evidence of deliberate intent to evade tax; absent this, demand must be confined to the non-fraud route. Authorities must avoid parallel CGST and SGST/UTGST proceedings on the same subject, afford effective hearings, and issue reasoned orders limited to SCN grounds and amounts. Rectification is confined to patent record errors by the issuing authority, not merits review. Appeals require threshold scrutiny, separately reasoned limitation findings, controlled admission of new grounds or evidence, and timely reasoned disposal.
Companies may file financial statements for FY 2025-26 in specified AOC-4 forms until 31 December 2026, and annual returns in MGT-7 and MGT-7A until 31 January 2027, without additional fees. The relaxation covers the listed financial-statement and annual-return e-forms only; it does not extend the statutory deadline for holding annual general meetings. Companies that fail to comply with AGM timelines remain liable under the Companies Act, 2013. Filings made after the circular's permitted period attract all applicable fees, including additional fees, calculated from the original statutory due date.
Customs, DGFT & SEZ
Dated:- 28-10-2026
India-Netherlands economic cooperation focused on expanding bilateral trade, investment and commercial partnerships through ministerial engagements, business discussions and sector-specific consultations. Priority areas included resilient supply chains, manufacturing, research and development, infrastructure, renewable energy, logistics, digital technologies, semiconductors, green hydrogen, clean energy, critical minerals and advanced manufacturing. The India-EU Free Trade Agreement was identified as a prospective framework for additional trade and investment opportunities. Dutch enterprises were invited to invest, co-manufacture and co-innovate in India.
News and Press Release
Dated:- 28-10-2026
National Startup Awards 6.0 establishes a national recognition framework for startups demonstrating innovation, scalability, sustainability and socio-economic impact. Recognition is available across 20 sectoral categories and three special categories, including the Student Innovator / Aspiring Entrepreneur Award. Eligible award recipients may receive monetary prizes subject to applicable guidelines, alongside mentorship, investor engagement, market access, industry partnerships and ecosystem visibility. Applications are open through the Startup India portal.