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Service tax refund claims against unmodified self-assessments are not maintainable because self-assessment constitutes an assessment order and cannot be reviewed or reassessed through refund proceedings. A Board clarification on exemption eligibility, or a representation to the Board, cannot modify an assessment or replace the statutory appellate remedy. Post-clearance credit notes for housekeeping and canteen or outdoor catering services do not by themselves rebut the statutory presumption that the tax burden was passed on. Direct refund also requires proof that unjust enrichment has not occurred; adjustment provisions for service tax cannot override that requirement.
Winding-up of a co-operative society based on a statutory inspection requires communication of the inspection report, a reasonable hearing and independent recorded reasons as safeguards of natural justice; non-compliance invalidates the winding-up and consequential liquidation. An RBI requisition following rejection of a banking licence does not displace the Registrar's duty to satisfy statutory conditions and procedure for winding up; it operates alongside those requirements. A statutory appeal provision permitting any member to challenge a winding-up order remains available after appointment of a liquidator. The society was revived as a co-operative credit society, barred from banking, with asset handover supervised by the Registrar.
Insolvency forum exclusivity bars civil-court injunctions over pending company liquidation disputes under the Insolvency Code.
Liquidation-related claims and questions concerning a company undergoing insolvency proceedings fall within the exclusive statutory jurisdiction of the NCLT. The Insolvency and Bankruptcy Code bars civil-court jurisdiction over such matters and requires the civil court to determine suit maintainability before issuing interim protection. Accordingly, an ad interim injunction affecting pending liquidation proceedings cannot be granted by a civil court. Supervisory jurisdiction under Article 227 remains available notwithstanding alternative remedies under the Code of Civil Procedure.
Form 10AB filing deadline protects regular charitable registration applications from rejection based solely on alleged delay.
Form 10AB applications for regular charitable registration cannot be rejected solely for alleged delay where the applicable extended filing deadline covers the filing. Registration must be reconsidered on merits when charitable activities are not in doubt and the applicant received inadequate opportunity to respond to a proposed rejection, including a short response period and portal-only notice without registered-email communication. Minor delay alone should not defeat a regular registration application; the application requires fresh consideration under the extended time limit and applicable law.
Section 68 proof of creditor identity, creditworthiness and genuine transactions supported deletion of unsecured loan and remuneration-creditor additions.
Section 68 additions for an unsecured loan and a sundry creditor were deleted because the evidentiary record established the requisite identity, creditworthiness and genuineness. Confirmations, lender bank statements, income-tax returns, statements of affairs and other supporting records substantiated the unsecured loan. The sundry creditor arose from director remuneration offered to tax by the recipient, and supporting material established its genuineness. As the evidence and findings remained uncontroverted, no basis remained for sustaining either addition.
Input tax credit cross-head utilisation requires pooled electronic credit ledger treatment, requiring reassessment of wrongful-availment findings.
For CGST Act assessments concerning input tax credit, the electronic credit ledger is treated as a pooled wallet containing IGST, CGST and SGST credit rather than separate tax-head compartments. Cross-head utilisation of IGST credit towards CGST and SGST liabilities cannot be treated as wrongful availment without applying that pooled-wallet principle. Findings that treated such utilisation as wrongful were set aside and require fresh determination under the correct ledger treatment.
IGST credit head-wise utilisation does not alone establish excess input tax credit under GST adjudication.
Inadvertent head-wise utilisation of available IGST credit towards CGST and SGST liabilities does not, by itself, constitute unlawful availment of excess input tax credit in adjudication under Section 73. Where the alleged excess credit arises solely from such utilisation, the applicable rules governing IGST credit set-off must be applied before treating the credit as excessive. The excess-input-tax-credit component requires fresh determination, and the assessee is entitled to the applicable treatment of IGST credit utilisation.
Input tax credit utilisation across CGST, SGST and IGST requires reassessment where credit was rejected for adjustment sequence.
Input tax credit utilisation across CGST, SGST and IGST must be assessed under the governing rules and the binding Division Bench position on cross-utilisation. Rejection solely because credit was adjusted against CGST and SGST rather than IGST is unsustainable. The assessment requires fresh determination in accordance with that binding position after the assessee is heard.
Schedule of the Securities and Exchange Board of India (Certification of Specified Persons in the Se...
The Schedule under Regulation 12 replaces "Associated Persons" with "Specified Persons" in regulation 17A(4) of the Debenture Trustees Regulations and in regulations 2(1)(ea) and 2(1)(ha) of the Self Regulatory Organizations Regulations. The amendments were inserted through F. No. SEBI/LAD-DOP/2026/319 dated 7 October 2026 and took effect on 8 October 2026.
Regulation 12 of the Securities and Exchange Board of India (Certification of Specified Persons in t...
Regulation 12 provides for amendment of the regulations specified in the Schedule to the Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007. Each scheduled regulation is to be amended only in the manner and to the extent set out in that Schedule.
Circular No. Policy Circular No. 2/2026-27 Dated:- 9-10-2026 Circular Dated:- 9-10-2026 Circular
Silver classified under ITC(HS) 71069221 may be imported only against a valid DGFT Import Authorisation, except where Policy Condition No. 7 exemptions apply. Nominated Agency, IFSCA Qualified Jeweller, or EOU status is not an additional eligibility condition unless expressly imposed by the Authorisation. The holder may import directly in its own name, subject to endorsed conditions. Import through IIBX is not mandatory for this classification unless specifically required by the Import Authorisation.
Notification No. S.O. 1413(E) Dated:- 26-3-2018 Information Technology
The Computer Forensic and Data Mining Laboratory under the Serious Fraud Investigation Office, Ministry of Corporate Affairs, New Delhi, is designated as an Examiner of Electronic Evidence within India for electronic-evidence examination. Its specialised forensic role covers Computer (Media) Forensics and expressly excludes Floppy Disk Drive examination from its designated scope.
Circular No. 26 Dated:- 10-10-2026 Circular Dated:- 10-10-2026 Circular
Authorised Dealers must maintain a Foreign Exchange Risk Reserve for covered INR derivative contracts used to hedge current account transactions involving purchase of foreign currency against INR. The reserve, calculated at 20 per cent of the INR-equivalent notional amount, must be held as daily cash in India with the Reserve Bank until termination. Splitting transactions to avoid coverage is a violation, and daily reporting through CIMS is required.
Circular No. 25 Dated:- 10-10-2026 Circular Dated:- 10-10-2026 Circular
Authorised Dealers may not permit rebooking of cancelled INR foreign exchange derivative contracts with any dealer, although rollover at maturity remains permissible. The threshold for specified derivative positions without establishing underlying exposure is USD 5 million equivalent outstanding at any time. For contracts hedging contracted exposures, Authorised Dealers must obtain and retain undertakings addressing hedging with other dealers, verify underlying exposure, and retain necessary documentation for at least two years.
Partnership Firm / Limited Liability Partnership (LLP) - Income Tax - Ready Reckoner
Tax deduction at source applies to firms and limited liability partnerships paying or crediting partner salary, remuneration, commission, bonus or interest, including capital-account credits. Deduction is at 10 per cent when aggregate payments or credits during the relevant financial year exceed Rs.20,000, and applies to the entire amount. Under section 194T, deduction is made at the earlier of credit or payment.
Notification No. SEBI/LAD-NRO/GN/2026/320 Dated:- 8-10-2026 SEBI
Educational eligibility under row 6 of the Employees' Service Schedule is revised with effect from publication in the Official Gazette. The general qualification entry accepts Graduation with prescribed minimum marks, a Master's Degree or Post Graduate Diploma, or specified professional credentials. Aggregate grade points are converted under a defined 10-point scale where no institutional conversion method exists. The desirable advocacy-experience qualification for Grade A Legal Stream officers is omitted. Foreign Master's Degrees or postgraduate qualifications supported by specified equivalence certification are treated as meeting the requisite educational qualification.
MAT tax liability bars concealment penalty where normal-provision additions do not create tax sought to be evaded.
MAT liability exceeding tax under the normal provisions meant that additions or disallowances under those provisions created no tax sought to be evaded for concealment-penalty purposes. For the relevant assessment year, the substituted Explanation 4 calculation mechanism for MAT cases operated prospectively from 1 April 2016 and did not apply. Penalty under section 271(1)(c) was therefore inapplicable, and deletion of the penalty was sustained.
Notification No. G.S.R. 111(E) Dated:- 8-2-2017 Information Technology
Digitally or electronically signed certificates or documents shared from subscribers' Digital Locker accounts may be issued and accepted at par with physical documents. Where an issuer pushes a certificate or document into the system and a requester accesses or accepts it through a URI, it is deemed directly shared by the issuer electronically. Links leading to an issuer repository as the single source of truth enable automatic verification.
Circular No. PUBLIC NOTICE No. 96 /2019 Dated:- 23-10-2019 Trade Notice Dated:- 23-10-2019 Trade Not...
Customs sample-testing arrangements at the DYCC, JNCH Laboratory identify goods that cannot presently be analysed because required facilities are unavailable, including certain feed additives affected by non-functional HPLC equipment. The exclusions cover specified agricultural products, food preparations, medicines, bio-fertilisers, pigments, plastics, wood articles, textile waste, glass and precious stones. Specific difficulties may be brought to the Joint Commissioner of Customs in charge, and the operational decisions are to be treated as a Standing Order for officers and staff.
MAT-based assessment prevents concealment penalty where a normal-computation adjustment does not increase the tax ultimately payable.
Penalty for concealment or furnishing inaccurate particulars is not leviable where an adjustment affects only normal taxable income but does not alter tax assessed on book profit under the minimum alternate tax regime. Tax under Section 115JB is payable on the higher of normal tax and prescribed book profit. Where the assessment is ultimately based on accepted book profit, an alleged excess deduction under normal provisions creates no tax sought to be evaded. Consequently, no penalty arises under Section 271(1)(c) when the disputed adjustment has no effect on book-profit tax liability.