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2025 (10) TMI 1492
Case Laws Income Tax
Capital-gains deductions require proven transfer nexus, excluding unsupported cancellation payments and unsubstantiated sale commission claims.
Section 48(i) permits deduction of expenditure only where credible evidence establishes that it was incurred wholly and exclusively in connection with the property transfer. A cancellation payment made after completion of the sale was not deductible where the underlying memorandum imposed no contractual obligation to pay it on rescission and no direct transfer nexus was proved. A claimed sale commission was likewise not deductible because no concrete evidence showed that services were rendered to facilitate the transfer. Unsupported or afterthought claims cannot reduce taxable capital gains.

Circular No. Circular No. 6/2020-TNGST Dated:- 16-6-2020 Tamil Nadu SGST Dated:- 16-6-2020 Tamil Nad...
GSTR-3B due dates for February, March and April 2020 remain unchanged, but interest and late-fee relief applies where returns and tax are furnished within prescribed timelines. Reduced or nil interest depends on the taxpayer's preceding-year aggregate turnover and timely filing; non-compliance attracts regular interest, late fee and potential penalty from the original due date. Late-fee waivers also apply to specified GSTR-1 filings. Input tax credit restriction under rule 36(4) is deferred for February through August 2020 and must be applied cumulatively in the September 2020 return. Specified returns, statements, e-way bills and statutory compliance periods receive separate extensions.

Circular No. Instruction No. 21/2026 Dated:- 19-10-2026 Order-Instruction Dated:- 19-10-2026 Order-I...
Electronic Certificates of Origin issued by New Zealand issuing bodies are valid for preferential tariff treatment when issued in the prescribed format, authenticated by the issuing body's seal and authorized signature, and uploaded on e-Sanchit. Importers or Customs Brokers must accurately declare certification particulars in the bill of entry. A proof of origin may support only one importation, and system controls will prevent reuse of the same certification number. Post-importation preferential tariff claims are available for qualifying originating goods in transit or under customs control on 20 October 2026.

Circular No. Trade Notice No. 31/2026-27 Dated:- 21-10-2026 Trade Notice Dated:- 21-10-2026 Trade No...
DGFT advises heightened vigilance and comprehensive due diligence in commercial dealings with M/s Julfikar Fashions Limited, Bangladesh, following a Quality Control and Trade Dispute complaint. Trade stakeholders are advised to assess transaction risks before processing applications, providing financial or credit support, trade facilitation, certifications or recommendations. Adverse experiences, payment-related issues, contractual disputes and other relevant information should be promptly reported for examination and action. The precautionary measure seeks to alert trade participants to potential risks and safeguard Indian exporters.

Circular No. 35/2026-27 Dated:- 21-10-2026 Public Notice Dated:- 21-10-2026 Public Notice
Imported metallic waste and scrap generally requires a Pre-Shipment Inspection Certificate from the country of origin. Shredded and unshredded scrap from designated safe countries or regions may be exempt where it is accompanied by a non-radioactive and non-explosive materials certificate, enters through specified sea ports, and undergoes mandatory radiation and explosive screening. Trans-shipments do not qualify. Exempt consignments may be cleared for home consumption at an eligible port or an Inland Container Depot upon proof that entry-port conditions were met.

Definitions - Definition / Legal Terminology
For income-tax purposes, Director-General of Shipping means the official appointed by the Central Government under section 7(1) of the Merchant Shipping Act, 1958. Section 235 of the Income-Tax Act, 2025 and section 115V of the Income-Tax Act, 1961 use substantively corresponding definitions, with their application respectively limited to the relevant Part and Chapter.

Circular No. Circular No. 6(2017)/2019-TNGST Dated:- 28-3-2019 Tamil Nadu SGST Dated:- 28-3-2019 Tam...
GST on superior kerosene oil supplied to Linear Alkyl Benzene manufacturers is payable only on the net quantity retained for extracting normal paraffin used in manufacture. Where the remaining kerosene is returned to the refinery and consideration is paid only for the retained quantity, the returned quantity is excluded from the taxable supply. GST applies if the refinery subsequently supplies the returned kerosene to another person.

Notification No. Order No. 4/2018-State Tax Dated:- 8-2-2018 Jharkhand SGST
Section 52(4) requires operators collecting the specified amount to electronically furnish monthly statements of outward supplies and amounts collected. Technical portal issues prevented certain operators from obtaining registration and filing statements for October, November and December 2018. An Explanation declares 31 January 2019 as the due date for filing those statements, with effect deemed from 31 December 2018.

Circular No. Circular No. 5 /2021 - TNGST Dated:- 20-7-2021 Tamil Nadu SGST Dated:- 20-7-2021 Tamil ...
Recipients of deemed export supplies may avail input tax credit and claim refund, subject to debiting an equivalent amount from the electronic credit ledger and furnishing required declarations; a supplier claim requires the recipient's non-claim and non-availment undertaking. Registered persons who reported eligible zero-rated supplies in Table 3.1(a) rather than 3.1(b) may file refund applications for tax periods from 1 July 2017 to 31 March 2021, within the aggregate tax or cess reported in Tables 3.1(a), 3.1(b), and 3.1(c). For unutilised ITC refunds, adjusted total turnover uses the capped zero-rated goods value.

Circular No. 34/2026-27 Dated:- 19-10-2026 Public Notice Dated:- 19-10-2026 Public Notice
Unutilised tariff-rate quota (TRQ) allocations for raw sugar imports may be surrendered by holders until 15 November 2026. Surrender requires payment equal to 0.5% of the CIF value of the quantity returned under existing modalities. All other terms and conditions governing the raw-sugar TRQ remain unchanged, and the alteration is confined to the surrender timeline.

2026 (2) TMI 1494
Case Laws Indian Laws
Supervisory jurisdiction cannot bypass the CPC mechanism for plaint rejection, and pleading rules cannot eliminate an entire plaint.
Article 227 supervisory jurisdiction is exceptional, confined to keeping subordinate courts within jurisdictional limits, and cannot ordinarily bypass the CPC's specific mechanism for rejection of a plaint. Where title, fraud, or document genuineness is disputed, those matters require determination through ordinary civil procedure, including a properly made plaint-rejection application. Order VI Rule 16 permits only the striking out or amendment of objectionable pleading matter, such as scandalous, frivolous, vexatious, prejudicial, or abusive material. It does not permit removal of an entire plaint, for which the CPC provides a separate rejection procedure.

Notification No. 45/2026-27 Dated:- 19-10-2026 Foreign Trade Policy
Raw sugar imports classified under Exim Code 170114 remain free within the applicable Tariff Rate Quota of 10 lakh MT for duty-free import, subject to prescribed conditions. The deadline for duty-free import under the quota is extended from 31 October 2026 to 31 December 2026, while all other applicable import conditions remain unchanged.

Notification No. Order No. 3/2018-State Tax Dated:- 8-2-2019 Jharkhand SGST
Annual-return compliance under the Jharkhand GST regime is extended for registered persons covered by the annual-return requirement. For the period from 1 July 2017 to 31 March 2018, the time limit in the Explanation to section 44 is changed from 31 March 2019 to 30 June 2019, addressing delayed operationalisation of the electronic filing system. The extension is deemed effective from 31 December 2018.

Circular No. Circular No. 5/2020-TNGST Dated:- 23-5-2020 Tamil Nadu SGST Dated:- 23-5-2020 Tamil Nad...
GST dues for the pre-CIRP period are operational debt, recoverable through claims before the National Company Law Tribunal rather than coercive action against the corporate debtor. Existing registration is not to be cancelled solely due to CIRP, while the IRP/RP need not file pre-CIRP returns. During CIRP, new registration, post-commencement returns, tax payment, and other GST compliance are required. Transitional input tax credit is available for specified invoices bearing the erstwhile GSTIN, and eligible cash-ledger deposits may be refunded despite non-filing of corresponding returns.

FEMA & RBI
Dated:- 21-10-2026
Financial-sector growth in an increasingly digital and interconnected system must be accompanied by a control environment commensurate with the pace and nature of growth. Digital onboarding, AI-led underwriting and autonomous workflows may lower costs, improve customer experience and widen access, but not every process friction is inefficiency. Technology cannot eliminate underlying risk. Before a manual check is automated or removed, institutions should identify the risk it controlled and determine where that control will reside. Process outsourcing through fintechs, external platforms or third-party models does not transfer responsibility associated with the regulated institution's licence.

Customs, DGFT & SEZ
Dated:- 21-10-2026
New Zealand eliminates customs duties on all tariff lines for Indian exports, providing 100% duty-free access for sectors including textiles, leather, engineering goods, automobiles, chemicals, pharmaceuticals, agricultural products and processed foods. Sensitive products, including dairy, sugar, edible oils and key agricultural commodities, remain excluded from concessions. Rules of origin, bilateral safeguard measures and anti-circumvention provisions are intended to ensure that preferential benefits reach genuine Indian exporters and to protect vulnerable agricultural and rural interests. Tariff Rate Quotas for apples, kiwifruit and Ma nuka honey are linked to delivery of Agricultural Productivity Partnership Action Plans.

News and Press Release
Dated:- 21-10-2026
Intelligence-led narcotics enforcement resulted in the seizure of 591.3 kg of ganja concealed in specially fabricated compartments of a truck suspected to have carried contraband from Nepal into Uttar Pradesh. Surveillance based on specific intelligence led to interception of the vehicle, from which 81 packets were recovered from cavities above the hood and behind the driver's seat. The ganja consignment and the transport vehicle were seized under the Narcotic Drugs and Psychotropic Substances Act, 1985.

News and Press Release
Dated:- 21-10-2026
Cross-border cigarette smuggling was detected through intelligence-led surveillance on the Champhai-Aizawl Road in Mizoram. A truck was intercepted at Tuirial village, resulting in recovery of 432 cases containing 43,20,000 sticks of foreign-origin "Patron" cigarettes. The packets lacked mandatory pictorial and health warnings under the Cigarettes and Other Tobacco Products Act, 2003. The cigarettes and truck were seized under the Customs Act, 1962, and the driver was arrested.

News and Press Release
Dated:- 21-10-2026
The financial inclusion saturation campaign will operate through bank camps providing enrolment in insurance and pension schemes, opening of basic bank accounts, Aadhaar seeding, re-KYC, central KYC identifier generation, and nomination updates. Camps will also conduct awareness sessions on financial-inclusion schemes, digital fraud and unclaimed financial assets, source agricultural credit applications for eligible farmer-beneficiaries, and facilitate crop-insurance enrolment for the upcoming Rabi season.

News and Press Release
Dated:- 21-10-2026
Customs enforcement action concerned an organised gold-smuggling syndicate that allegedly imported foreign-origin gold through airports by concealing it as rhodium-coated wires, within trolley-bag linings and as gold paste. The distribution chain allegedly involved handlers, intermediaries, an illegal melting facility and cash sales through a jewellery outlet. Searches uncovered gold, evidence of illegally melted gold, undocumented bars, and records of smuggled-gold dealings, while identifying a financier and other network participants.

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