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Notification No. G.S.R. 782 (E) Dated:- 27-10-2009 Information Technology
Monitoring and collection of traffic data or information generated, transmitted, received or stored in a computer resource under section 69B require an order of the competent authority. Directions may be issued for cyber security purposes, including forecasting imminent incidents; monitoring network applications; identifying viruses or computer contaminants; tracking breaches, affected computer resources and suspected persons; conducting forensic examination and information-security audits; accessing stored information to enforce cyber-security law; and addressing other cyber-security matters. Reasons must accompany each direction, and a copy must reach the Review Committee within seven working days.

2022 (6) TMI 1572
Case Laws Income Tax
Commercially substantiated transactions preserve capital-loss treatment, revenue deductions, and capital character for foreign-exchange gains on asset borrowing.
Long-term capital loss on a documented share sale to an unrelated purchaser remains allowable unless evidence establishes that the apparent transaction is false; tax reduction alone does not make it sham. Shares consistently held as investments, with delivery and limited transactions, generate capital rather than business losses. Advertising, brand, trademark, business-development, professional, and premises-rent costs supporting operations without creating a capital asset are revenue expenditure. No notional interest arises on an interest-free advance where sufficient interest-free funds exist and no borrowed-fund nexus is shown. Short tax deduction at source does not trigger expenditure disallowance. Exchange gain on borrowing for capital assets is capital in character. Accrued zero-coupon debenture premium is proportionately deductible where the recipient is unidentifiable at year-end, and a valid deduction claim may be considered on appeal despite omission from the return.

2024 (9) TMI 1976
Case Laws VAT / Sales Tax
Mining as manufacture enables capital-goods input tax credit for taxable lignite sales, but excludes exempt-electricity use.
TNVAT's inclusive definition of manufacture covers the production, extraction and processing involved in lignite mining, including removal of overburden, excavation, conveyance and stacking. Capital goods used to produce lignite for taxable sale qualify for input tax credit. Credit is, however, restricted to the proportion attributable to taxable lignite sales and is unavailable where lignite is used to generate exempt electricity. A pre-existing clarification allowing concessional treatment for relevant mining operations continues under the savings provision where it is not inconsistent with TNVAT provisions.

Circular No. Order No. 6/2025 Dated:- 28-11-2025 Order-Instruction Dated:- 28-11-2025 Order-Instruct...
Pending Central Excise and Service Tax appeals filed on or after 1 July 2017, concerning pre-GST actions or omissions, are assigned to identified officers for appellate disposal in the Bengaluru Zone. The assignment covers appeals under Section 35 of the Central Excise Act, 1944, and Section 85 of the Finance Act, 1994. Officers designated for each listed appeal must pass Orders-in-Appeal under the corresponding statutory provision. The allocation matrix identifies 500 appeals by appeal number, assessee, registration particulars, and assigned officer.

Circular No. Order No.5/2025 Dated:- 9-9-2025 Order-Instruction Dated:- 9-9-2025 Order-Instruction
Appeals filed on or after 1 July 2017 under section 35 of the Central Excise Act, 1944, or section 85 of the Finance Act, 1994, are subject to a re-assignment of appellate jurisdiction. The identified appeals are allotted to the Principal Commissioner, CGST and Central Excise, Nagpur Audit Commissionerate, for passing Orders-in-Appeal under the applicable enactment.

Notification No. G.S.R. 781 (E) Dated:- 27-10-2009 Information Technology
Any person seeking blocking must lodge a complaint with the Nodal Officer of the concerned organisation; the Designated Officer cannot entertain direct complaints or requests. The organisation examines whether blocking is required on the specified statutory grounds and forwards a complete written request in the prescribed form. A committee examines the request and sample content, while identified persons or intermediaries ordinarily receive notice and an opportunity to respond. The Secretary's approval is required before the Designated Officer directs a Government agency or intermediary to block public access.

Circular No. Order No.4/2025 Dated:- 28-4-2025 Order-Instruction Dated:- 28-4-2025 Order-Instruction
Specified Central Excise and service-tax appeals filed on or after 1 July 2017 are reassigned, entry by entry, to designated Commissioners for passing Orders-in-Appeal. Each matter is identified through its appeal number, assessee or concerned party, registration particulars and allotted officer. The allocation covers Kolkata South and Kolkata North appeal references, operates under the Central Excise and Service Tax Rules together with the GST savings framework for legacy matters, and partially modifies the appellate allocation made on 7 April 2025.

Notification No. G.S.R. 779(E) Dated:- 27-10-2009 Information Technology
Investigation of alleged misbehaviour or incapacity of the Chairperson or Members of the Cyber Appellate Tribunal follows a staged process under the Information Technology Act. A written complaint containing definite charges undergoes preliminary scrutiny by the Central Government. Where investigation is considered necessary, a three-member Committee comprising officials from the Cabinet Secretariat, the information technology department and the legal affairs department conducts the investigation, may record complainant evidence and collect relevant material, and submits findings to the President within the specified period.

2019 (5) TMI 2057
Case Laws Income Tax
Bogus purchase additions should target embedded profit, not the full purchase value, where underlying purchases are not wholly fictitious.
Alleged bogus purchases are not fully taxable where the underlying purchases are not wholly fictitious, even if suppliers differ from those recorded in the books. Taxable income is limited to the profit element embedded in such purchases rather than the full purchase price. The addition is confined to 12.5% of the alleged purchases as the estimated embedded profit, notwithstanding repeated non-compliance during assessment and first appellate proceedings.

Notification No. G.S.R. 778(E) Dated:- 27-10-2009 Information Technology
Chairperson and Members receive salary, allowances, leave, travel, conveyance, housing and medical benefits benchmarked to the Secretary to the Government of India or equivalent Group A officers. Pay of retired appointees is reduced by retirement benefits, while specified serving appointees retain pension and General Provident Fund coverage; others are covered by the Contributory Provident Fund. Oaths of office and secrecy, together with declarations against prejudicial financial or other interests, govern entry and continued service.

Notification No. G.S.R. 50(E) Dated:- 24-1-2013 Information Technology
Salary and allowances of the Cyber Appellate Tribunal Chairperson and Members are made equivalent to those admissible to a Secretary to the Government of India, including associated benefits. Where the Chairperson is a retired Supreme Court or High Court Judge, pay is reduced by pension, Contributory Provident Fund contributions, or other retirement benefits drawn or receivable, and service conditions follow applicable Ministry of Finance instructions. Members retired from Central or State Government service are subject to an equivalent reduction in pay for retirement benefits.

GST
Dated:- 7-10-2026
The Index of Services Production is proposed to expand beyond its initial formal-sector coverage, which relies on high-frequency administrative data and GST outward-supplies data. Education, Human Health and Residential Care, and Public Administration and Defence are proposed for inclusion. Their incorporation would increase coverage of services-sector Gross Value Added and support aggregation of sub-sectoral indices into a unified measure of short-term services-sector movements. Stakeholder views are invited on the proposed methodology.

News and Press Release
Dated:- 7-10-2026
Intelligence-led customs enforcement targeted cross-border gold smuggling through surveillance and interception of four persons travelling from a border route. Personal searches recovered foreign-origin gold biscuits concealed in specially tailored cloth waist belts. Seventy-two gold biscuits were seized under relevant provisions of the Customs Act, 1962, and the four persons were arrested. Investigation continues into organised networks and wider syndicates involved in the movement and distribution of smuggled gold.

By: - Raj Jaggi
Section 10(2A) provides a residual composition levy for eligible service providers and mixed suppliers who cannot enter the conventional composition scheme. Eligibility depends on PAN-level aggregate turnover within the prescribed ceiling, collective election by all registrations under the PAN, and continuous compliance during the year. The combined 6% tax applies to turnover of supplies rather than profit, while composition taxpayers cannot collect tax separately or claim input tax credit. Inter-State outward supplies and platform-based services through specified electronic commerce operators remain restricted, and reverse-charge tax continues at regular rates.

By: - DEV KUMAR KOTHARI
Section 118 enables the Board to establish administrative subordination among income-tax authorities based on functional jurisdiction, territorial jurisdiction and assigned work. The hierarchy runs from the Central Board of Direct Taxes through principal, director, commissioner, deputy, assistant, officer, recovery and inspector levels. The amended appellate arrangement places Joint Commissioners (Appeals) and Additional Commissioners (Appeals) under Principal Chief Commissioners and Chief Commissioners. Administrative control cannot dictate a particular assessment or case disposal and must preserve the discretion of first appellate authorities.

By: - K Balasubramanian
Reasoned decision-making in GST adjudication requires quasi-judicial authorities to give cogent, clear and succinct reasons, based on relevant material and free from extraneous considerations. This safeguard of natural justice restrains arbitrary power, promotes transparency and accountability, and enables judicial review. Original adjudication and first appeals should address deficiencies in reasoning rather than shift substantive correction to later appellate review.

By: - Pradeep Reddy Unnathi Partners
Registration of a right holder's notice is the condition that makes allegedly infringing imports deemed prohibited and supports the ordinary suspension of clearance. A bare complaint does not suffice. Customs may initiate an ex officio suspension on prima facie evidence or reasonable grounds, but prompt reasons must be communicated and the right holder must comply with notice and bond requirements within five days. General importer-protection and Customs indemnity bonds, together with consignment-specific security, support continued detention. Failure to join proceedings or satisfy applicable bonds and time limits requires clearance, subject to other import conditions.

By: - Raj Jaggi
Audit findings may identify discrepancies and support further action, but they do not create an enforceable tax liability. A show-cause notice initiates statutory adjudication, in which the taxpayer may contest the proposed demand through records, evidence and legal submissions. Rule 101(4) requires genuine consideration of the audit reply, though a brief response does not by itself establish complete non-consideration. The Adjudicating Authority must independently examine limitation, computation, audit scope, the legal basis of the demand, and whether a Form GST DRC-03 payment was voluntary or lawfully appropriable.

By: - Adv. Ganesh Prabhu
Domestic GST collections and post-settlement SGST are distinct measures and may move differently because IGST settlement and input-tax-credit utilisation affect final State receipts. Tamil Nadu's domestic collection decline therefore requires reconciliation before it is attributed to economic contraction, evasion or weakened compliance. The analysis should identify taxpayer-specific and sector-specific movements, quantify GST rate-rationalisation effects, reconcile output liability with cash and credit discharge, verify settlement schedules, and examine State-specific refunds. Aggregate revenue weakness may support risk analysis but cannot replace evidence and statutory safeguards in proceedings against individual taxpayers.

CURRENT ECONOMY AND RECENT DEVELOPMENTS IN GST
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
GST administration introduces Multistate Registration for normal taxpayers seeking registrations under the same PAN across multiple States or Union Territories. A Master TRN enables submission of Common Registration Information, followed by separate jurisdiction-specific TRNs with auto-populated but editable common details. GSTAT procedures cover respondents' replies and transfer appeals for identical legal questions pending before different benches, allowing qualifying taxpayers with multiple PAN-linked registrations to consolidate matters. Potential policy measures include easing blocked input tax credit and protecting genuine recipients affected by supplier defaults.

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