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2026 (3) TMI 1773
Case Laws Income Tax
Bogus purchase disallowance fails where invoices, e-way bills, transport records and banking evidence establish actual goods movement and delivery.
Residual disallowance of purchases as bogus under Section 37(1) was unwarranted where invoices, lorry receipts, e-way bills, material receipt notes and bank-payment records supported the transactions. E-way bills and transport records evidenced movement and delivery of goods to the project site. Rough seized notings concerning estimated site expenses and an unrelated third party's statement did not displace the contemporaneous documentary evidence. As the purchases had been accepted as genuine for the full amount, the residual disallowance was deleted.

2026 (7) TMI 2039
Case Laws Income Tax
Section 68 unsecured loan verification: documented creditor identity, capacity and transaction genuineness preclude unexplained cash-credit additions.
For unsecured loans assessed under section 68, creditor names, addresses, PANs, tax returns, audited accounts, loan confirmations, MCA records, bank statements and replies to section 133(6) notices support identity, creditworthiness and transaction genuineness. Accounting for interest with tax deduction at source and subsequent repayment further support the loan credits. Characterising creditors as shell entities alone, without contrary enquiry or material that discredits the evidence, does not justify treating documented loans as unexplained cash credits.

2026 (8) TMI 1860
Case Laws Income Tax
Section 12AB renewal cannot be refused solely for absence of a formal trust deed when other records establish charitable formation.
Renewal of charitable registration cannot be refused solely because a long-established educational institution lacks a formal trust deed or memorandum of association. Where a charitable trust was formed otherwise than under a written instrument, the relevant inquiry is whether available records adequately establish its creation and continuing charitable character. Public-trust registration, prior tax registrations, uninterrupted educational activity and contemporaneous records may provide that evidence. Consistent recognition of charitable status should not be displaced without a material change in facts or law, particularly where there is no adverse finding on objects, genuineness of activities, diversion of activities or legal compliance.

2025 (4) TMI 2262
Case Laws GST
Effective hearing and advance notice are required before an assessment-related order can be freshly determined after document verification.
Assessment-related order for 2018-2019 could not be sustained where the petitioner required a further effective opportunity to produce and verify relevant books, documents and bank statements. Although a personal-hearing date had been fixed, the disputed question whether an effective hearing occurred need not be resolved before granting that opportunity. A fresh determination must follow advance notice of the hearing date, an opportunity of hearing, and consideration of the relevant material.

2025 (8) TMI 1886
Case Laws GST
Section 74 Writ Challenge Continues After Notification and Statutory Provision Challenges Are Abandoned for Further Hearing
Challenge to the order under Section 74 was confined after the appellant gave up challenges to the notification and statutory provisions. The abandoned relief was struck off, and the matter was directed to be listed for further hearing. No determination on the validity of the notification or statutory provisions was recorded at that stage.

2025 (9) TMI 1886
Case Laws GST
Statutory appeals under Section 107 require merits adjudication and cannot be dismissed solely for non-prosecution or default.
Section 107(11) requires the appellate authority to make any necessary inquiry and pass a just and proper order confirming, modifying or annulling the challenged decision. This statutory duty does not permit dismissal of an appeal for default or non-prosecution. Non-appearance may justify an ex parte determination, but the appeal must still be decided on its merits. The provision is analogous to the Central Excise appellate framework, under which dismissal for want of prosecution is likewise impermissible.

2026 (4) TMI 1929
Case Laws GST
Adjudication limits under GST prevent tax and penalty confirmations exceeding the show-cause notice demand amounts.
Section 75(7) of the Uttar Pradesh GST Act confines an adjudication order to the tax and penalty amounts proposed in the show-cause notice. Confirmation of tax demands or equal penalties exceeding those specified in the notice travels beyond the scope of adjudication and constitutes a jurisdictional error apparent from the record. Orders imposing higher liabilities than the notified proposals are therefore jurisdictionally defective.

GST
Dated:- 13-10-2026
GST refund administration is proposed to use phased risk-based system processing, with acknowledgement or deficiency action within ten days, deemed acknowledgement on inaction, automated provisional refund for eligible low-risk zero-rated and inverted-duty claims, and fully automated refund of excess electronic cash-ledger balances. Validation failures require correction and fresh filing or referral for officer scrutiny, while final scrutiny remains applicable in specified cases. Applicants must file all due returns and submit supporting material electronically. Delayed-refund interest applies beyond the statutory period, and eligible input-service and capital-goods credit is proposed to be included in prescribed refund computations.

News and Press Release
Dated:- 13-10-2026
PM GatiShakti National Master Plan uses an integrated geospatial planning framework to coordinate infrastructure, economic and social-sector development. The framework supports multimodal connectivity, intermodal links, last-mile access, project appraisal and synchronised implementation. It has expanded to district-level planning for local services and is supported by public-access, knowledge-sharing, decentralised data-management and monitoring systems. The Integrated Transport and Logistics Authority is intended to strengthen transport and logistics research, planning, appraisal, monitoring and impact assessment.

Circular No. TRADE NOTICE NO. 30/2026-27 Dated:- 13-10-2026 Trade Notice Dated:- 13-10-2026 Trade No...
Expedited import authorisation may be issued for restricted silver items, excluding silver dore, where applicants self-declare that imports will bear customs duty at the generally applicable rate without concessions. Applications must be completed online with mandatory particulars and justification of proposed quantities and values, and applicants remain responsible for accuracy. Authorisations require procurement through the India International Bullion Exchange or notified nominated banks or agencies, remain subject to policy and statutory requirements and scrutiny, and are valid for six months without extension.

2023 (1) TMI 1554
Case Laws Income Tax
Chapter VI-A deduction preserves eligibility for profits enhanced by expenditure disallowance under the cooperative deduction regime.
Disallowance of printing expenditure increases regular business profits, and the resulting enhanced profits remain eligible for the applicable Chapter VI-A deduction under CBDT Circular No. 37/2016. Where eligibility for deduction under Section 80P is undisputed, a disallowance under Section 40(a)(ia) does not provide a sustainable basis for denying the corresponding deduction. The enhanced business income therefore continues to qualify for the cooperative-society deduction.

The minimum import price condition on imports of Glufosinate and its salts under specified Chapter 38 ITC (HS) classifications is extended until 12 April 2027. All other terms and conditions applicable under the earlier notification imposing the condition remain unchanged. The extension maintains the existing import-policy restriction for covered Glufosinate products.

Common Advertisement Code will govern advertisements by stock brokers, depository participants, online bond platform providers, investment advisers, research analysts, mutual funds, asset management companies and portfolio managers for products or services within SEBI's remit, taking effect 180 days after Gazette publication. Advertisements must identify the regulated entity and carry prescribed disclaimers. Educational or factual communications remain outside the definition only if they do not promote or solicit products or services. Celebrity endorsements require prior approval, must be limited to entity or brand promotion, and cannot be charged to clients or mutual fund schemes. Advertisements must be fair and comprehensible, avoid induc.....

Mutual fund regulatory references to the Fifth Schedule are replaced with references to Chapter IIID of the Securities and Exchange Board of India (Intermediaries) Regulations, 2008. The amendment updates regulation 28 and regulation 81(l) and omits the Fifth Schedule from the Mutual Funds Regulations, 2026. These changes take effect 180 days after publication in the Official Gazette, consolidating the relevant requirements under the Intermediaries Regulations framework.

Research analyst regulations now define "institutional investor" by adopting the meaning used in the capital-issue and disclosure framework. Research analysts are no longer mandatorily required to maintain recordings of calls with clients that are institutional investors. The exemption is confined to call-recording obligations for communications with such clients. These amendments take effect on the thirtieth day following publication in the Official Gazette.

The National Assessment Centre Portal provides importers, customs brokers, stakeholders and Customs officers with a central, searchable repository of NAC decisions, legal precedents, advance rulings, audit objections, advisories, alerts, circulars, public notices and meeting records. It covers classification, valuation and other assessment-related issues, including matters resolved by NACs and those requiring policy intervention. Centralised access is intended to promote consistent Customs assessment across formations, improve transparency and certainty, support informed compliance, reduce divergent interpretations and avoidable disputes, and strengthen trade facilitation.

Silver classified under ITC(HS) 71069221 is a restricted import and may be imported against a valid Import Authorisation, subject to its endorsed conditions and applicable exemptions. The authorisation identifies the holder, item, quantity and value, allowing the holder to import directly in its own name. Nominated Agency, IFSCA Qualified Jeweller or EOU status is not an additional eligibility requirement unless expressly imposed by the authorisation. The IIBX import requirement applies only to IFSCA-notified Qualified Jewellers for goods covered by a separate policy amendment and does not apply to silver under ITC(HS) 71069221. Customs clearance must follow these conditions and extant procedure.

Authorised Dealers must maintain a Foreign Exchange Risk Reserve for INR-related foreign exchange derivatives entered into with users. The reserve applies where the notional value exceeds USD two million equivalent and the derivative hedges a current account transaction in which the user purchases foreign currency against INR. It must equal 20 per cent of each contract's INR-equivalent notional amount, be deposited in cash in India with RBI daily, and remain maintained until contract termination. Splitting transactions among one or more Authorised Dealers to avoid the threshold is a violation. Daily FERR details must be reported through CIMS. Requirements apply to contracts undertaken after issuance.

2022 (9) TMI 1723
Case Laws Income Tax
Tax treatment of employee stock options, cross-border services, finance leases, software depreciation and unabsorbed depreciation clarified for corporate taxpayers.
Employee stock option expenditure and principal payments under finance leases are treated as allowable revenue expenditure, notwithstanding book capitalisation of leased assets. Unearned income shown as a current liability is not taxable in the relevant year. Overseas termination, interconnect, bandwidth, legal and professional payments to non-residents are not subject to withholding where the payments are not royalty or otherwise chargeable in India, including where services are performed outside India and recipients lack an Indian permanent establishment. Computer software falls within the computers depreciation block. Unabsorbed depreciation from earlier years remains eligible for carry-forward without time restriction.

2016 (1) TMI 1531
Case Laws Income Tax
Distinct penalty charges under Section 271(1)(c) require specific notice and cannot be changed when imposing penalty.
Section 271(1)(c) contains distinct charges for concealment of income particulars and furnishing inaccurate income particulars. The taxpayer must receive clear notice of the specific charge, and penalty may be imposed only on the ground on which proceedings were initiated. Acceptance of a quantum addition without appeal does not itself establish concealment or inaccurate particulars. Imposing penalty for furnishing inaccurate particulars where proceedings began for concealment breaches natural justice and renders the penalty unsustainable.

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