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Concealment penalty fails when the underlying search-assessment additions are deleted for lack of incriminating material.
Penalty for concealment under Section 271(1)(c) cannot stand where it is solely consequential to quantum additions that have been deleted. The underlying search-assessment additions were deleted because no incriminating material was found from the assessee, and the additions relied on a third-party statement arising from another search. As the penalty had no independent basis after deletion of the additions, it was required to be deleted.
Employee contribution due dates depend on the salary-disbursement month, requiring factual verification before determining remittance delays.
Due dates for depositing employees' provident fund and ESI contributions may require determination by reference to the month in which salaries or wages were disbursed. Computing any remittance delay therefore depends on verifying the relevant payment facts and supporting information. Fresh factual determination was required after giving the taxpayer an adequate opportunity to substantiate the applicable salary-disbursement period, and the issue was restored to the Assessing Officer for that purpose.
Bogus-purchase additions require corroborative investigation when invoices, bank payments, stock records and accepted sales support transactions.
Alleged bogus-purchase additions cannot rest solely on information that a supplier issued accommodation bills where purchase invoices, banking-channel payments, stock registers and books of account support the transactions. Absent rejection of books or stock records, discrepancies in manufacturing activity or accepted sales, or independent verification of the supplier, uncorroborated third-party information does not establish that purchases are non-genuine. The addition for alleged bogus purchases was therefore deleted.
Incriminating search material is essential to sustain Section 153C additions for unabated assessment years involving alleged non-genuine bills.
Section 153C assessments for unabated years require additions to be based on specific incriminating or seized material found during the search. Allegations of non-genuine bills, without any identified search material supporting the additions, cannot sustain such assessments. The relevant Section 153C assessments were therefore invalid and quashed in favour of the assessee.
DTAA protection for Norwegian employment income prevents Black Money Act assessment and later-year assessment of alleged income.
Article 16(1) of the India-Norway DTAA allocates taxing rights over salary for employment exercised in Norway to Norway; read with section 90(2), salary taxed there is not chargeable to tax in India. Such income cannot constitute undisclosed foreign income under the Black Money Act, which requires undisclosed foreign income or assets chargeable to tax in India; no foreign asset was identified. The asset-notice proviso permits assessment in the year of discovery only for undisclosed assets, not alleged income. Income pertaining to the relevant earlier assessment year therefore could not be assessed in a later year, rendering the proceedings without jurisdiction.
Documented share-sale gains remain exempt where no evidence links the taxpayer to penny-stock manipulation or accommodation entries.
Long-term capital gains from share sales supported by invoices, demat-account records, registered-broker transactions and banking channels cannot be treated as unexplained income merely on a general investigation report alleging penny-stock accommodation entries. Where no independent enquiry or material links the taxpayer to price manipulation or an accommodation-entry arrangement, and the final SEBI report contains no adverse finding on the relevant scrip, documentary evidence remains unrebutted. The gains qualify for exemption under Section 10(38) of the Income Tax Act, 1961, and related additions for unexplained income and estimated commission are unsustainable.
Charitable registration under section 12AB turns on charitable objects and genuine activities, while financial concerns generally belong at assessment stage.
Registration under section 12AB depends on charitable objects and the genuineness of activities carried out in furtherance of those objects. Education falls within charitable purpose. Interest-free advances to other entities while bearing interest on borrowings, or concerns about possible diversion of funds, ordinarily require assessment-stage examination and do not alone justify refusing registration where genuine charitable activities are established. Supersession of existing registration requires prescribed due process for a specified violation. Approval under section 80G(5) cannot be declined solely because of a refusal of section 12AB registration; the approval application must be considered independently in accordance with law.
Circular No. CCT/26-4/2024-25/G/4348 Dated:- 13-1-2025 Goa SGST Dated:- 13-1-2025 Goa SGST
Goa Goods and Services Tax administration applies, mutatis mutandis, the Central clarification on input tax credit availed by electronic commerce operators for services supplied through their platforms where tax liability rests on the operator under section 9(5) of the Central Goods and Services Tax Act, 2017. The direction seeks uniform implementation under the Goa Goods and Services Tax Act, 2017.
Circular No. CCT/26-4/2024-25/G/4321 Dated:- 9-1-2025 Goa SGST Dated:- 9-1-2025 Goa SGST
Uniform implementation under the Goa Goods and Services Tax framework is secured by extending, mutatis mutandis, the central corrigendum connected with the earlier GST clarification. The corrigendum applies for implementation of the Goa GST Act, subject to necessary contextual adaptations, to ensure consistent administration.
Notification No. IFSCA/2021-22/GN/REG-17 Dated:- 18-10-2021 Indian Law
Insurance intermediary operations in an International Financial Services Centre require a certificate of registration for brokers, corporate agents, surveyors and loss assessors, or third-party administrators. Eligibility depends on valid domestic or home-jurisdiction registration where applicable, FATF-compliant and tax-treaty jurisdiction criteria for foreign applicants, capital or net-worth requirements, fit-and-proper management, infrastructure and policyholder interests. Grant follows in-principle approval and completion of capital, training and professional indemnity conditions. Registrants must conduct only authorised business, comply with KYC and anti-money-laundering obligations, maintain grievance redressal and records, prohibit multi-level marketing, and transact financial business in freely convertible foreign currency other than Indian rupees.
Circular No. CCT/26-4/2024-25/G/1629 Dated:- 30-7-2024 Goa SGST Dated:- 30-7-2024 Goa SGST
GST rate and goods-classification clarifications are made applicable, mutatis mutandis, for implementation of the Goa Goods and Services Tax Act, 2017. The central clarification on GST rates and classification of goods extends to the State GST framework, subject to contextual adaptation. It governs the GST rate and classification treatment of goods insofar as it can operate under the Goa GST Act, with necessary modifications of statutory context and administrative terminology.
Circular No. CCT/26-4/2024-25/G/1628 Dated:- 30-7-2024 Goa SGST Dated:- 30-7-2024 Goa SGST
GST clarifications concerning the applicability of tax on certain services apply mutatis mutandis in implementing the Goa Goods and Services Tax Act, 2017. The direction seeks uniform implementation of GST treatment for the concerned services in Goa, with implementation difficulties to be brought to the Commissioner's notice.
Circular No. CCT/26-4/2024-25/G/1627 Dated:- 30-7-2024 Goa SGST Dated:- 30-7-2024 Goa SGST
Processing of refund applications filed by the Canteen Stores Department is to follow central GST directions governing such claims for implementation under the Goa Goods and Services Tax Act, 2017. Those directions are adopted for State GST purposes on a mutatis mutandis basis, so that they apply with necessary adaptation within Goa's statutory framework. The adopted directions form the basis for handling these refund applications in the State GST administration.
Notification No. 38/1/2017-Fin(R&C)(9/2025-Rate) Dated:- 17-9-2025 Goa SGST
Goa applies State tax to intra-State supplies under seven schedule-based rate bands, classified by Customs tariff headings and product descriptions. Schedule I covers specified agricultural, food, medical, renewable-energy, mobility and other goods at 2.5 per cent, while Schedule II applies 9 per cent to listed manufactured goods and goods not placed elsewhere. Separate schedules govern specified beverages, vehicles, actionable claims, precious metals and stones, pan masala and tobacco. Classification follows Customs Tariff interpretative rules, and packaging, labelling, value and use conditions govern qualifying entries. The revised framework takes effect on 22 September 2025.
Investment portfolio character governs share-sale gains; transaction volume alone does not transform capital gains into business income.
Gains from shares and securities held in a distinct investment portfolio are assessable as capital gains where balance-sheet records and holding details support their investment character. High transaction volume and monitoring of market trends do not, without material proving an intention to trade, convert investments into trading stock or business assets. The transactions were treated within the capital-gains framework, including the relevant concessional-tax and exemption provisions, so the gains were chargeable as capital gains rather than business income.
FEMA / RBI
Dated:- 16-9-2026
PTI
Finnable has appointed Sreeram Ranganathan Iyer as a Non-Executive Nominee Director representing investor TVS Capital. The role is intended to strengthen board oversight as the non-banking financial company expands its lending operations. The identified priorities for sustainable growth include technology, compliance, governance, risk management, responsible lending, and data-driven underwriting. The nominee directorship reflects investor participation in governance and capability-building for a sustainable lending franchise.
Natural justice in Section 153C assessments: failure to consider an assessee's reply led to notice and ad-interim relief.
Failure to consider an assessee's reply before passing assessment orders under Section 153C raises a breach of natural justice. High Court issued notice for final disposal and granted an ad-interim order in the challenge to those assessments. No final determination on the validity of the assessment orders is recorded, and the nature of the ad-interim relief is unspecified.
Section 12A exemption applies where the return and Form 10B are filed within the extended statutory deadline.
Section 12A exemption was available because the return of income and Form 10B were filed within the extended deadline applicable for assessment year 2022-23. The due date under section 139(1) had been extended to 7 November 2022 by Circular No. 20/2022. Filing both the return and Form 10B on 2 November 2022 therefore satisfied the filing requirement within the extended statutory timeframe, supporting entitlement to the exemption.
Schedule 4 of the International Financial Services Centres Authority (Registration of Insurance Busi...
Registration of insurance business is evidenced by a certificate of registration identifying the entity, registration number and authorised classes entered in the schedule. Joint registration is available for a relevant foreign insurer or foreign reinsurer and its managing general agent, identifying both parties and the MGA's role. Permitted activity is confined to scheduled classes of business, and each certificate remains subject to the International Financial Services Centres Authority Act, 2019, the Insurance Act, 1938, and the IFSCA (Registration of Insurance Business) Regulations, 2021.
Schedule 3 of the International Financial Services Centres Authority (Registration of Insurance Busi...
MGAs transacting insurance business from an IFSC for a foreign insurer or foreign re-insurer must establish an Indian company, undertake statutory and regulatory compliance, and operate under a certified binding agreement. The represented foreign entity must authorise the MGA to accept notices and legal process and undertake to meet claims arising from business underwritten by the MGA. MGAs may bind insurance, collect premiums, process refunds, issue cover documents, and handle claims where authorised, while prominently identifying the represented foreign insurer or foreign re-insurer.