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2023 (12) TMI 1523
Case Laws VAT / Sales Tax
Commercial-parlance classification treats coconut oil sold as hair oil as a toiletry rather than concessional edible or vegetable oil.
Classification of coconut oil under Bihar VAT turns on schedule wording, ordinary commercial parlance and the actual manner of sale, rather than HSN classifications used under customs or excise law. Coconut oil invoiced and sold as hair oil is treated as a toiletry, not edible oil; its express exclusion from the edible-oil entry reinforces that treatment. As coconut is not ordinarily understood as a vegetable, oil derived from it does not fall within the vegetable-oil entry. Coconut oil sold as hair oil is therefore taxable at the applicable toiletry rate.

2018 (8) TMI 2185
Case Laws Income Tax
Non-prosecution of tax appeals permits dismissal where the appellant remains absent despite notice and files no adjournment request.
Effective pursuit of an income-tax appeal requires the appellant to appear or seek adjournment after notice. Unexplained non-appearance and failure to request adjournment may justify dismissal for non-prosecution, reflecting the principle that filing an appeal alone is insufficient. Tribunal practice may treat an unattended appeal as unadmitted under its procedural rules. A party dismissed for default may seek recall by showing just cause, with any recall request determined according to law.

2024 (5) TMI 1724
Case Laws VAT / Sales Tax
Previous sanction and prima facie offence requirements restrict criminal prosecution for VAT, explosive-substance, and corporate-liability allegations.
Previous sanction of the competent authority is a mandatory precondition before cognizance of offences under the Bihar Value Added Tax Act, 2005. Where uncontroverted allegations do not disclose the essential elements of tax evasion or abetment, criminal prosecution cannot proceed. Possession of crackers in transit requires material creating reasonable suspicion of possession for an unlawful object before an offence relating to explosive substances arises. Corporate officers cannot be subjected to criminal liability for company business activities without arraigning the company and alleging a statutory basis for vicarious liability.

2024 (4) TMI 1431
Case Laws Income Tax
Recall of an ex parte order was refused after prolonged filing delay and the applicant's failure to appear.
Miscellaneous application seeking recall of an ex parte appellate order was filed after a Registry-noted delay of 1,757 days. The applicant did not appear despite notice. The application was not admitted and was dismissed, leaving the earlier ex parte order unrecalled.

Corrigendum of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Corrigendum to the Indian Boilers (Amendment) Act, 2007 corrects a drafting error in the Gazette of India, Extraordinary, Part II, Section 1 publication dated December 13, 2007. At page 6, line 17, the reference "(6)" is replaced by "(5A)", so that the relevant sub-provision bears the corrected designation in the published amendment.

Amendment of Indian Evidence Act
Act Rules F. Acts / Amendment Acts
Section 52 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 52 replaces references to digital signatures and Digital Signature Certificates with electronic signatures and Electronic Signature Certificates across specified evidentiary provisions. It also inserts section 45A, under which the opinion of an Examiner of Electronic Evidence is a relevant fact when a court considers information transmitted or stored in a computer resource or other electronic or digital form. The Examiner is treated as an expert for this evidentiary purpose.

Amendment of Indian Penal Code
Act Rules F. Acts / Amendment Acts
Section 51 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 51 extends Indian Penal Code coverage to persons outside India committing offences targeting computer resources located in India. It clarifies the inclusion of extraterritorial acts that would be punishable if committed within India and adopts the statutory meaning of computer resource. It also recognises concealment through encryption or other information-hiding tools under sections 118 and 119, expands section 40(2) references, and replaces "digital signature" with "electronic signature" in section 464.

Omission of Third Schedule and Fourth Schedule
Act Rules F. Acts / Amendment Acts
Section 50 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 50 of the Information Technology (Amendment) Act, 2008 omits the Third Schedule and Fourth Schedule from the Information Technology Act, 2000. The amendment removes both schedules from the principal statutory framework.

Section 49 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 49 substitutes the First and Second Schedules under the Information Technology Act, 2000. The First Schedule excludes negotiable instruments other than cheques, powers of attorney, trusts, wills and other testamentary dispositions, and contracts for sale or conveyance of immovable property or interests in it. The Second Schedule concerns electronic signature or electronic authentication techniques and procedures, without specifying an individual technique or procedure.

Omission of sections 91, 92, 93 and 94
Act Rules F. Acts / Amendment Acts
Section 48 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 48 effects a legislative amendment by omitting sections 91, 92, 93 and 94 from the principal Information Technology Act, 2000. It removes these identified provisions from the statutory framework through express deletion, rather than modification or replacement of their content.

Amendment of section 90
Act Rules F. Acts / Amendment Acts
Section 47 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 47 of the Information Technology (Amendment) Act, 2008 omits clause (c) of sub-section (2) of section 90 of the Information Technology Act, 2000.

Amendment of section 87
Act Rules F. Acts / Amendment Acts
Section 46 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Rule-making authority under section 87 is expanded to cover electronic signature reliability, authentication procedures, Electronic Signature Certificates, subscriber duties, reasonable security practices, and sensitive personal data. It also extends to service-provider charges, information retention, interception, decryption, public-access blocking, traffic-data collection, protected-system security, agency functions, intermediary guidelines, and encryption methods. The laying provision is aligned with notifications concerning the national nodal agency.

Insertion of new sections 84A, 84B and 84C
Act Rules F. Acts / Amendment Acts
Section 45 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
New sections 84A, 84B and 84C establish government-prescribed encryption standards and ancillary criminal liability. Encryption methods may be prescribed for secure electronic use and promotion of e-governance and e-commerce. Where no specific punishment applies, abetment resulting in an offence attracts the punishment for that offence, while an attempt involving an act towards commission may attract up to one-half of the maximum imprisonment, the applicable fine, or both.

Amendment of section 84
Act Rules F. Acts / Amendment Acts
Section 44 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 84 of the Information Technology Act, 2000 is amended by replacing the reference to "Presiding Officer" with "Chairperson, Members", aligning the provision with those offices.

Amendment of section 82
Act Rules F. Acts / Amendment Acts
Section 43 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 82 revises its marginal heading to identify the Chairperson, Members, officers and employees as public servants. References to "Presiding Officer" are replaced with "Chairperson, Members", aligning the provision's terminology with the revised institutional design and public-servant designation.

Amendment of section 81
Act Rules F. Acts / Amendment Acts
Section 42 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 81 of the Information Technology Act, 2000 is amended by inserting a proviso that preserves every person's right to exercise rights conferred under the Copyright Act, 1957 and the Patents Act, 1970. The amendment clarifies that the Information Technology Act does not restrict the exercise of copyright or patent rights.

Amendment of section 80
Act Rules F. Acts / Amendment Acts
Section 41 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 80(1) of the Information Technology Act, 2000 is amended by replacing the rank of Deputy Superintendent of Police with Inspector, extending the specified statutory power under that provision to an Inspector.

Substitution of new Chapters for Chapter XII
Act Rules F. Acts / Amendment Acts
Section 40 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Intermediary safe harbour excludes liability for third-party information, data, or communication links where the intermediary provides access, does not initiate or control transmission content or recipients, and observes due diligence and prescribed guidelines. Protection is unavailable for conspiracy, abetment, aid, or inducement of an unlawful act, or for failure after actual knowledge or government notification to expeditiously remove or disable unlawful material without impairing evidence. Governmental departments, bodies, or agencies may be notified as Examiners of Electronic Evidence to provide expert opinion.

Amendment of section 78
Act Rules F. Acts / Amendment Acts
Section 39 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Section 78 of the Information Technology Act, 2000 is amended by substituting "Inspector" for "Deputy Superintendent of Police", altering the police rank specified for the relevant statutory function.

Substitution of new sections for section 77
Act Rules F. Acts / Amendment Acts
Section 38 of the Information Technology (Amendment) Act, 2008 - Amendment Acts
Compensation, penalties or confiscation under the information-technology framework do not prevent separate compensation, penalties or punishment under other law. Compounding is available only for offences not punishable with life imprisonment or imprisonment exceeding three years, subject to exclusions for prior convictions, offences affecting socio-economic conditions, and offences against women or children below 18 years. Offences punishable with imprisonment of three years and above are cognizable, while offences punishable with imprisonment of three years are bailable.

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