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Cash-expenditure disallowance under section 40A(3) excludes recorded bank withdrawals, while evidenced deposits and turnover estimates avoid additions.
Section 40A(3) does not apply to recorded cash withdrawals from a bank account because a withdrawal is not expenditure. Disallowance for those withdrawals was therefore deleted. Cash deposits recorded in the cash book and substantially traceable to corresponding recorded withdrawals have an explained source, requiring deletion of the unexplained-money addition. Turnover additions based on an arbitrary standard sale rate cannot stand where recorded sale rates vary and no evidence establishes unrecorded sales, suppression of turnover, or stock variation. Assessed income must be recomputed after excluding these additions.
Reassessment beyond four years fails where prior scrutiny examined share application money and recorded reasons show no disclosure failure.
Reassessment initiated beyond four years is invalid where share application money was specifically examined, verified through confirmations and books of account, and accepted in the original scrutiny assessment. Reopening on the same material constitutes a change of opinion unless recorded reasons identify fresh information and establish the assessee's failure to disclose fully and truly all material facts. As neither condition was met, the reassessment notice and consequential reopening were unsustainable and quashed.
Prospective operation of enhanced Section 115BBE tax rate prevents its application to earlier assessment years through revision.
Section 115BBE's enhanced tax rate could not be applied retrospectively to assessment year 2015-16 through revision proceedings. The 60% rate took effect from 1 April 2017 and was not part of the provision governing the earlier assessment year. A revisionary direction requiring its application for assessment year 2015-16 therefore lacked legal basis, rendering the revision order unsustainable and liable to be quashed.
Misreporting penalty requires identification of the specific statutory default; an unclear Section 270A(9) basis invalidates enhanced penalty.
Enhanced penalty for under-reporting arising from misreporting requires clear identification of the specific statutory instance of misreporting under Section 270A(9). Where the penalty order neither specifies nor makes unambiguously discernible the applicable clause of Section 270A(9), the basis for characterising under-reported income as misreported income fails. The penalty levied at the enhanced misreporting rate was therefore deleted.
Specific under-reporting charge is mandatory; omission of the applicable statutory category invalidates the penalty notice and penalty order.
Penalty proceedings for under-reporting of income under section 270A require clear identification of the applicable clause in section 270A(2). Because that provision contains distinct statutory categories of under-reporting, notices issued under section 274 read with section 270A, subsequent show-cause notices, and the penalty order must specify the precise charge. Failure to identify the relevant clause leaves the charge indeterminate and invalidates the penalty notice and consequential penalty order, which are liable to be quashed.
Misreporting penalty for disallowed political-contribution deduction requires proof of a specified statutory misreporting category before enhancement applies.
Section 270A permits the enhanced 200% penalty for under-reported income only where misreporting is established within one of the exhaustive categories specified for that purpose. Disallowance of a deduction claimed for political contributions does not by itself establish misreporting. Where the assessment does not identify and prove the applicable statutory instance of misreporting, the enhanced penalty is unsustainable and must be deleted. Penal provisions require strict interpretation, preventing a higher penalty from being imposed merely because a deduction claim has been disallowed.
Depositories must file SFT-2517 for demat-account transactions half-yearly through the prescribed SFTP process, with a signed and verified control statement, to support pre-filling of capital gains information. Transaction summaries must cover user-initiated debits, identify corresponding credits using the FIFO method, and determine estimated sale consideration and acquisition cost using prescribed weighted-average or end-of-day values. Assets must be classified as short- or long-term under specified holding periods; market-linked debentures and specified mutual funds are always short-term. Depositories must provide reported information to account holders for AIS reconciliation, correct or delete inaccurate data, and maintain information-security and archival procedures. Non-compliant data files are rejected or flagged for correction.
Registrar and Share Transfer Agents registered under the SEBI Act must furnish half-yearly Statements of Financial Transactions for mutual fund transactions in the prescribed electronic format, with a signed and verified control statement. Reporting supports pre-filling of income-tax returns and requires account holders to receive reported transaction information for reconciliation with the Annual Information Statement. Transaction summaries must cover user-initiated debit transactions, apply FIFO to identify corresponding acquisitions and determine holding periods, and classify assets as short-term or long-term under the prescribed security classes. Estimated sale consideration, acquisition cost, grandfathered cost rules and indexation mus.....
Insolvency Professionals must conduct further enquiry where indicators suggest that CIRP or liquidation may be used for a fraudulent or malicious purpose unrelated to insolvency resolution or liquidation. Relevant indicators include a dominant recently assigned single creditor, connected corporate debtors entering CIRP with overlapping creditors, limited competitive bidding, unsupported disproportionate recoveries, links to fraud proceedings, and unjustified related-party loans or write-offs. Indicators are illustrative and not conclusive; they require holistic, contextual assessment based on records available in the ordinary course. Where reasonable grounds support suspected misuse, the IP must apply to the Adjudicating Authority, identifying the indicators, supporting material, and reasons for seeking directions.
Physical verification of an applicant's place of business is compulsory before registration is granted under the DGST Act, 2017. Proper Officers must complete verification within seven days of receiving the registration application, to avoid delay in processing. The direction follows findings that numerous registered persons were non-existent, including some registered through Aadhaar-based registration, raising concerns of registrations obtained for tax evasion. Under Rule 25, where physical verification is required, the verification report, supporting documents and photographs must be uploaded in Form GST REG-30 on the common portal within 15 working days after verification. Non-compliance will be treated seriously.
Customs, DGFT & SEZ
Dated:- 14-9-2026
India's prohibition on direct or indirect import or transit of goods originating in or exported from Pakistan applies to goods routed through third countries. DRI seized dry dates declared as UAE-origin after preliminary investigation indicated shipment from Karachi to Jebel Ali, transfer into different containers, and onward movement to India. Enforcement under Operation Deep Manifest targets evasion through misdeclaration of origin, transshipment and manipulation of import documentation.
Notification No. 119/2026 Dated:- 14-9-2026 Income-Tax Act, 2025
Scientific research approval is granted to the Indian Institute of Technology, Roorkee for eligible donations, applying for tax years 2026-2027 through 2030-2031. The approval remains subject to prescribed compliance conditions. For every tax year in which donations are received, the institution must prepare and deliver Form No. 15 by 31 May immediately following that tax year. It must also furnish each donor a Form No. 16 certificate specifying the donation amount.
Circular No. Public Notice No. 28/2024 / (Port) Dated:- 24-12-2024 Trade Notice Dated:- 24-12-2024 T...
Century Ports Limited is appointed as Custodian and Customs Cargo Service Provider for Phase I of the Khidderpore Docks-1 (West) terminal. It may receive imported goods until their delivery to container freight stations, clearance for home consumption, or transhipment, and holds export cargo until exportation. The appointment is subject to compliance with the Customs Act and cargo-handling regulations, execution of prescribed security, insurance and indemnity obligations, and prior operational permission after Customs is satisfied that all requirements are fulfilled.
Notification No. 5/2022 - State Tax (Rate) Dated:- 13-7-2022 Arunachal Pradesh SGST
The goods transport agency entry excludes suppliers registered under the CGST Act who opt for forward-charge taxation, issue tax invoices at applicable rates, and make the prescribed Annexure III declaration. Renting a residential dwelling to a registered person is inserted as a reverse-charge taxable category, with any person as supplier and the registered person as recipient. Annexure III records the GTA supplier's registration and forward-charge option for the relevant financial year.
2026 (8) TMI 75 - PUNJAB AND HARYANA HIGH COURT HC
GST service through the Common Portal is an express statutory mode, but portal availability must be distinguished from effective service of an adjudicatory communication. Rule 142 preserves the distinction between a substantive show cause notice or order and its electronic summary in FORM GST DRC-01 or DRC-07. Electronic summaries do not, without more, demonstrate communication of complete allegations, grounds, facts and reasons. Portal-based service must be assessed by statutory compliance, accessibility of the complete communication, and the taxpayer's real opportunity to respond, particularly where appellate limitation is involved.
Notification No. 2/2022 - State Tax (Rate) Dated:- 31-3-2022 Arunachal Pradesh SGST
Intra-State supplies of specified fly ash bricks, fly ash blocks, fossil-meal bricks, building bricks, and earthen or roofing tiles are taxable at a concessional State tax rate of 3 per cent. Eligibility requires non-availment of input tax credit on inputs and input services used exclusively for these supplies. Where such inputs or services are used partly for these goods and partly for other credit-eligible supplies, input tax credit must be reversed by treating the specified goods as exempt supplies under the applicable credit reversal framework.
Transfer-pricing comparability requires excluding product-led companies and bars negative working-capital adjustments for captive cost-plus service providers.
Transfer-pricing analysis requires exclusion of software companies with product development, intellectual-property-led operations, diversified activities or unreliable segmental data when benchmarking a routine software development service provider. A captive cost-plus service provider that bears no working-capital risk should not receive a negative working-capital adjustment. For the SEZ deduction, expenses excluded from export turnover must also be excluded from total turnover; export-proceeds evidence and unit-formation conditions require verification. Claims involving reversal of previously disallowed provisions and short tax deduction require verification of payment, deduction, remittance and revenue-loss facts. Extension charges on leased land are not deductible without proof of accrual and quantification during the relevant year.
Capital-gains holding periods can run from flat allotment, while transfer costs and reinvestment claims require evidence.
Capital-gains holding periods for a specifically allotted flat may run from the allotment date where enforceable rights in the identified property accrue then, rather than from later possession or conveyance. Builder NOC or transfer charges supported by receipts and required under the sale agreement qualify as transfer expenses under Section 48 and should not be restricted arbitrarily. Residual brokerage claims require verification of the broker's particulars and supporting evidence before disallowance. Section 54 relief depends on verifying the payment date and the full eligible investment in the new asset; the deduction is not necessarily limited to the amount claimed in the return.
Notification No. 37/2021 State Tax Dated:- 1-12-2021 Arunachal Pradesh SGST
The amendment extends the record-retention period under rule 137 from four years to five years with effect from 30 November 2021. FORM GST DRC-03 is revised to cover tax intimation through FORM GST DRC-01A, scrutiny, inspection, and specified return mismatches. Its payment-entry table is replaced to require particulars of tax period, applicable Act, place of supply, tax or cess, interest, penalty, fee, total amount, ledger utilised, and debit-entry details.
Circular No. PUBLIC NOTICE No . 68/2018 Dated:- 13-7-2018 Trade Notice Dated:- 13-7-2018 Trade Notic...
Direct Port Delivery of imports is extended to listed importers and applies automatically to Authorised Economic Operators, 100% Export Oriented Units, Special Economic Zone units, Nepal-Bhutan import-transit consignments, and consignments bound for Inland Container Depots. These eligible categories need not apply separately. Other importers may apply under the existing DPD application procedure. Listed importers are advised to seek Authorised Economic Operator status for assured facilitation and associated benefits.