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For GTA services under reverse charge, self-invoicing is treated as necessary where supplies are received from an unregistered supplier. Where a registered GTA provider issues an invoice bearing its GSTIN and records tax as payable under reverse charge, that invoice is regarded as sufficient and no separate self-invoice is required. Supplier registration status and invoice particulars are central to this determination.

Circular No. Circular No. 82/2019/TNGST Dated:- 22-7-2019 Tamil Nadu SGST Dated:- 22-7-2019 Tamil Na...
ITeS supplied on the provider's own account is not intermediary service, even if provided to an overseas client's customers. Services that merely arrange or facilitate the overseas client's supply to customers, including delivery, logistics, clearance, transportation, or post-sales support, are intermediary services. Where independent ITeS and facilitative support are both supplied, classification depends on the facts and the principal supply. A non-intermediary supplier may qualify for export of services treatment only upon satisfying location, place-of-supply, convertible foreign exchange, and distinct-establishment conditions.

Circular No. 171/3/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Where invoices are issued without actual supply, the activity is not supply and creates no tax liability or demand under sections 73 or 74 against the issuer, though penalty applies for issuing fake invoices. A recipient who fraudulently avails and utilizes input tax credit for genuine outward supplies is subject to recovery, interest, and penalty under section 74, without duplicate penalty for the same act. An intermediary passing such credit through further invoices without actual supply faces specified penalties, although no demand arises in that specific pass-through transaction.

2023 (9) TMI 1793
Case Laws Indian Laws
Expedited guardianship proceedings require an independent decision on merits while preserving each opposing party's opportunity to contest.
Expedited determination of the pending guardianship application was considered beneficial to all parties without expressing any view on its merits. The court below was directed to decide the application independently and in accordance with law within four months from the next scheduled date, while ensuring the opposing parties retain adequate opportunity to contest the proceedings.

Definitions - Definition / Legal Terminology
Section 58(11) of the Income Tax Act, 2025, adopts a cross-referential definition of limited liability partnership. For income-tax purposes, the expression carries the meaning assigned under section 2(1)(n) of the Limited Liability Partnership Act, 2008. The definition incorporates the limited liability partnership statutory meaning rather than creating a separate income-tax meaning.

Circular No. 170/2/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
GST return-reporting requirements mandate place-of-supply-wise disclosure of inter-State supplies to unregistered persons, composition taxable persons, and UIN holders in Table 3.2 of FORM GSTR-3B and applicable tables of FORM GSTR-1. Table 4(A) auto-populates ITC, while permanent and temporary reversals must be reported separately in Table 4(B). Net ITC, calculated after those reversals, is credited to the electronic credit ledger. Blocked ITC is reported through Table 4(B)(1), whereas specified time-barred or place-of-supply-related ITC may be reported in Table 4(D)(2).

Notification No. G.S.R. 895(E) Dated:- 15-10-2026 Special Economic Zone
For funds established in an IFSC, a Developer's written confirmation of a provisional space offer to the fund management entity and the entity's lease deed are treated as the fund's corresponding documentation. For an IFSC Unit, the first final recognition, registration, licence or authorisation determines service commencement, notwithstanding later invalidity. Letter of Approval renewal considers employment, statutory violations and statutory-payment defaults. Aircraft and ship leasing arrangements may share authorised office space or manpower without separate space documentation where permitted.

2016 (7) TMI 1725
Case Laws Income Tax
Withdrawal of income-tax appeal ends appellate proceedings without adjudication of underlying assessment issues on merits.
Withdrawal of an income-tax appeal was sought by the assessee at the listed hearing. As the departmental representative raised no objection, permission to withdraw was granted and the appeal was dismissed as withdrawn. Voluntary discontinuance of appellate proceedings therefore occurred without adjudication of the underlying assessment or any substantive income-tax issue on merits.

2022 (8) TMI 1635
Case Laws Indian Laws
Statutory mining-lease procedure prevails where State recommendation and Central approval were secured, excluding compensatory additional levy.
Statutory mining-lease procedure under the Mines and Minerals (Development and Regulation) Act, 1957 requires a State Government recommendation, prior Central approval, and compliance with the prescribed Mineral Concession Rules. A lease application independently scrutinised and recommended by the State Government, followed by Central approval, falls within that procedure. Mere participation in Screening Committee meetings does not establish allocation through the Screening Committee Route, particularly where the relevant communication was not sent to the State Government. Such a lease is outside the flawed allocation routes, so compensatory additional levy does not apply and a related demand is liable to be quashed.

FEMA & RBI
Dated:- 17-10-2026
For FY 2026-27, audit remuneration is to remain at existing levels. Member banks are advised to accelerate a centralised audit framework to improve cost efficiency while retaining comprehensive risk oversight. Physical statutory branch audit coverage should be reduced to cover 50% of total business, apart from centralised treasury audits. Audit coverage must align with SEBI listing and disclosure requirements and RBI guidelines, supported by a Board-approved policy for the centralised audit roadmap.

2024 (5) TMI 1726
Case Laws Income Tax
Reasonable cause for cash transactions with members can prevent penalties against credit co-operative societies under tax rules.
Reasonable cause can preclude penalties for cash acceptance or repayment that would otherwise breach Sections 269SS and 269T. A credit co-operative society's bona fide and consistently held belief that these restrictions did not apply to transactions with members, supported by its accepted Section 80P deduction, earlier scrutiny assessments and departmental recognition of that belief, established reasonable cause. Penalties under Sections 271D and 271E were therefore unsustainable on these facts.

2021 (12) TMI 1555
Case Laws Income Tax
Monetary threshold for Revenue tax appeals limits ITAT litigation unless a recognised circular exception applies.
CBDT's monetary threshold for departmental appeals before the ITAT restricts Revenue challenges where the tax effect is below Rs. 50 lakh, unless a specified exception applies. Where no exception is shown, such Revenue appeals are not maintainable; related assessee cross-objections, being connected to those appeals, do not survive. The threshold applies across the relevant assessment years.

Notification No. G.S.R. 57/P.A.5/2017/S.164/Amd.(49)/2022 Dated:- 22-7-2022 Punjab SGST
Punjab GST compliance permits notified classes of registered persons to be required or exempted from HSN-code disclosure. Nil GSTR-3B, GSTR-1 and CMP-08 filings may be made through SMS using registered-mobile OTP, only where every relevant table contains no entries. For financial years 2018-19 and 2019-20, registrants exceeding five crore rupees aggregate turnover must obtain audit and furnish certified reconciliation statements. The amendments also relax specified e-way bill restrictions, make pre-notice communication discretionary, restructure GSTR-2A disclosures, revise annual-return and non-resident return reporting, and standardise refund, assessment, demand, recovery and arrears forms.

2022 (12) TMI 1619
Case Laws Income Tax
Independent cross-objections require adjudication despite dismissal of connected Revenue appeals for low tax effect alone.
Cross-objections filed under Section 253(4) of the Income-tax Act operate as independent appeals and require adjudication even where connected Revenue appeals are dismissed for low tax effect. Dismissing cross-objections solely on that basis disregards their independent character. Failure to consider binding and co-ordinate decisions affirming this principle constitutes a mistake apparent from the record, requiring the cross-objections to be considered.

2023 (8) TMI 1745
Case Laws GST
Natural justice breach fails where the taxpayer received and answered the show-cause notice before assessment.
Natural justice requirements were not breached because the records established that a show-cause notice had been issued and answered before the assessment order. The claim that the notice was not furnished lacked evidentiary support. The availability of a statutory appellate remedy within the prescribed period also remained relevant, and the assessment order was not treated as vitiated on the asserted ground.

2022 (8) TMI 1634
Case Laws Income Tax
Gross-profit differential governs alleged non-genuine purchase additions where sales are accepted, requiring fresh determination instead of a uniform percentage.
Where sales corresponding to disputed purchases are accepted, an addition for alleged non-genuine purchases should be determined by the gross-profit difference attributable to grey-market procurement and accommodation bills, rather than by applying a uniform 8% rate. The 8% addition was remitted for fresh determination using this gross-profit-differential approach, favouring the assessee.

2024 (3) TMI 1574
Case Laws Income Tax
Document Identification Number omission is treated as factual, while seized-cash ownership requires evidentiary verification through an affidavit.
Failure to transcribe a Document Identification Number on an assessment order was treated prima facie as a factual issue rather than a substantial question of law, particularly because it had not been raised before appellate authorities. Asserted ownership and prior disclosure of seized cash required cogent supporting evidence. An additional affidavit was directed to substantiate the alleged owners' disclosures, and the appeal was listed for further hearing.

2024 (3) TMI 1573
Case Laws Central Excise
Deemed export supplies to export-oriented units qualify for accumulated CENVAT credit refunds, with quarterly limitation measured from quarter-end.
Supplies by domestic tariff area manufacturers to 100% export-oriented units against CT-3 certificates are deemed exports within Rule 5 of the CENVAT Credit Rules, 2004, entitling suppliers to refund of accumulated CENVAT credit attributable to those supplies. Physical export by the supplier is not required for that entitlement. For quarterly refund claims concerning such supplies, limitation runs from the final day of the relevant quarter. Claims filed within the prescribed period calculated on that basis are not time-barred, making denial on deemed-export exclusion or limitation grounds unsustainable.

Notification No. G.S.R. 55/P.A.5/2017/S.164/Amd.(47)/2022 Dated:- 22-7-2022 Punjab SGST
FORM GST INV-01 is substituted by an e-invoice schema governing invoices, credit notes and debit notes through mandatory, optional and conditional data fields. A valid e-invoice requires an Invoice Reference Number generated by the Invoice Registration Portal. The schema requires structured basic, supplier, recipient, item and document-total details, including supply classification, HSN/SAC classification, taxable value and applicable GST reporting. It accommodates delivery, payment, export, supporting-document and e-way bill information, with specified fields becoming mandatory where the relevant section or transport mode is selected.

2011 (11) TMI 895
Case Laws Money Laundering
Anticipatory Bail and Custodial Interrogation: alleged financial misconduct justified refusal despite parallel civil recovery proceedings.
Anticipatory bail under section 438 CrPC requires assessment of allegation gravity, absconding risk, interference with investigation, cooperation, and the necessity of custodial interrogation. Allegations of overridden objections, unauthorised advances, altered contractual terms favouring private parties, and resulting cooperative-society losses supported investigation into the alleged nexus and tracing of funds. Civil recovery or arbitration proceedings did not prima facie rule out criminal liability, and a detailed examination of alleged offence ingredients was unnecessary at the bail stage. Custodial interrogation was considered necessary for an effective investigation, precluding anticipatory bail.

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