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2026 (6) TMI 1508 - ITAT CHENNAI AT
Retirement leave encashment received by employees other than Central or State Government employees falls under Section 10(10AA)(ii). Exemption depends on retirement, the ten-month earned-leave limit, average salary for the preceding ten months, earned-leave entitlement restrictions, aggregate limits, and prior exempt receipts. The enhanced notified ceiling of Rs. 25,00,000, deemed to operate from 1 April 2023, is treated in the Tribunal approach discussed as a beneficial rationalisation available to eligible pending claims for earlier assessment years, without displacing the statutory computation conditions.
Plot No. 7, Sector Knowledge Park-05, Greater Noida, comprising 1.65 hectares, is notified as a Special Economic Zone for Information Technology and Information Technology Enabled Services. An Approval Committee is constituted for the zone, chaired by the Development Commissioner and including designated commerce, trade, customs, income-tax, banking and State Government representatives; the developer's representative is a special invitee. From 12 October 2026, the zone is deemed to be an Inland Container Depot under customs law.
The Customs Tariff (Determination of Origin of Goods under the Free Trade Agreement between India and New Zealand) Rules, 2026 prescribe origin criteria for preferential tariff treatment from 20 October 2026. Goods must be wholly obtained or satisfy applicable product-specific rules, including tariff-classification changes, qualifying value content or process requirements, subject to bilateral cumulation, de minimis allowances and direct-consignment conditions. Minimal processing does not confer origin. Claims require a valid Certificate of Origin or eligible origin declaration, supported by prescribed records. Customs may verify origin through information requests and verification visits, deny preferences for non-compliance or insufficient information, and temporarily suspend treatment for persistent or deliberate origin misrepresentation.
Export policy for Prepared Culture Media classified under ITC(HS) Code 38210000 remains free while establishing a certification process where an importing country requires shipment clearance or health certification. CAPEXIL may issue consignment-wise Shipment Clearance Certificates containing exporter, plant, product, quantity, invoice, loading-port and destination details. Following shipment, exporters must provide buyers a consignment-wise Health Certificate covering product classification, packaging, origin, destination, vessel, departure and health requirements. Where mandated by the importing country, CAPEXIL and the Regional Animal Quarantine Officer must jointly issue the Health Certificate. The amendment takes immediate effect.
Restricted imports of specified silver bullion items, excluding silver dore, qualify for expedited import authorisation where applicants self-declare payment of customs duty at the generally applicable rate without concessions. Applicants must apply online, provide a reasoned quantity-and-value justification, and remain responsible for complete and correct information; other applications undergo merits scrutiny. Pending applicants may revise applications once to use the procedure. Authorisations require procurement through IIBX or notified nominated banks or agencies, remain subject to further verification and all policy requirements, and are valid for six months without extension.
INR non-deliverable derivative contracts may be offered by Authorised Dealers to non-resident users only for hedging, replacing the previous unrestricted-purpose position. Authorised Dealers must maintain a Foreign Exchange Risk Reserve for INR foreign exchange derivative contracts undertaken to hedge currency risk on their own assets and liabilities where they purchase foreign currency against INR. The reserve must equal 20 per cent of each contract's INR-equivalent notional amount, be maintained as a daily cash deposit in India with RBI until contract termination, and applies to contracts undertaken after issuance of the directions.
RoDTEP scroll generation in ICES 1.5 is suspended for exporters whose IECs carry alerts arising from non-filing or non-reporting of the Annual RoDTEP Return for the relevant period. Exporters must comply with the applicable Annual RoDTEP Return filing and reporting requirements and approach DGFT for removal or revocation of the alert. Once the alert is removed or revoked by DG Systems in consultation with DGFT and the change is reflected in ICES 1.5, affected Shipping Bills will be processed automatically for RoDTEP scroll generation, subject to all other applicable eligibility conditions and system requirements. The measure takes immediate effect.
A subsisting interim direction prohibiting tax deduction from leave travel concession reimbursements prevents the employer from being treated as an assessee in default for the period covered by that restraint. This protection concerns the employer's withholding duty and does not make foreign-leg or circuitous travel eligible for the leave travel concession exemption, which remains confined to actual qualifying travel within India under the statutory conditions and prescribed limits. Employee tax liability may remain payable directly where the exemption ultimately fails. For periods without judicial protection, employers must examine travel eligibility and may avoid payer-default consequences only by establishing employee return filing, income inclusion and tax payment through the prescribed certification process.
Section 129(3) of the CGST Act imposes a mandatory two-stage deadline: a penalty notice must issue within seven days of detention or seizure, followed by a penalty order within seven days of service. Breach of either period, including a one-day delay, invalidates the detention adjudication; later confiscation action cannot retrospectively cure it, although independently authorised proceedings may remain available. Service, including portal availability under Section 169, determines the second period, while Rule 142 requires corresponding electronic summaries. A hearing is required before penalty determination. Payment to obtain release, particularly under protest after objections, does not itself waive a challenge; a reasoned order remains necessary to preserve appellate access.
Packing materials used or intended to be used in business may qualify as inputs, allowing their input tax credit to support an inverted-duty refund where their higher tax rate causes accumulated credit. Section 54(3)(ii) requires examination of all qualifying inputs rather than only the principal raw material. Composite-supply treatment determines the rate on the outward supply but does not remove the character of packing materials as inputs. The clarification concerning rate reductions on the same goods does not govern separately procured higher-rated packing materials. Eligibility remains subject to input tax credit conditions, blocked-credit restrictions, statutory refund exclusions, proof of causation, formula-based computation, and prescribed refund documentation.
Preferential customs duty under the ASEAN-India arrangement requires proof that goods satisfy the applicable origin rules; a country-of-origin certificate does not remove the importer's duty of reasonable care. Origin verification must be certificate- and consignment-specific: an adverse foreign communication concerning identified unauthentic certificates cannot, without evidence linking other certificates to the defect or showing their cancellation or revocation, justify denial of benefits for those certificates. Importers must retain origin-related information and supporting records, while customs must undertake focused verification and identify the precise alleged defect. Preferential treatment may be denied for incomplete or non-conforming proof, or where origin requirements or misrepresentation are independently established.
Section 132 of the CGST Act distinguishes cognizable and non-bailable high-value offences under clauses (a) to (d) from other bailable, non-cognizable offences; classification depends on the precise charge and punishment bracket, not merely alleged evasion. Regular bail in serious GST prosecutions requires an individualised assessment of gravity, cooperation with summons, custodial necessity, evidence security, flight or interference risks, custody duration and realistic trial prospects. Magistrate-triability and a five-year maximum sentence are relevant but not decisive during an ongoing investigation. Arrest safeguards, sanction requirements and undertrial-detention protections apply separately. Continued detention warrants closer Article 21 scrutiny after investigation concludes, evidence is secured, custody becomes prolonged, or trial is delayed.
Rule 26(3) makes electronic issuance and prescribed authentication cumulative requirements for GST notices, certificates and orders. A digital signature, e-signature or other notified verification mode attributes the instrument to the authorised officer and evidences accountability; portal upload, system-generated reference numbers, DRC summaries and DIN do not substitute for authentication. An unsigned notice or order lacks legal validity, cannot support consequential recovery, and is not ordinarily cured by the saving provision for minor defects. Service through the common portal concerns communication, not the prior validity of the instrument. DRC-01 cannot replace a statutory show-cause notice, while DRC-07 supports recovery only where founded on a valid order. Hearing requirements and effective service remain separate procedural safeguards.
Regulation 13(7) requires communication of an insolvency professional's disciplinary order to committees of creditors and adjudicating authorities in other ongoing CIRPs. The interim approach described treats that intimation as enabling each committee to decide whether to continue or replace the professional, rather than automatically disqualifying the professional from unrelated assignments. Proportionality and audi alteram partem require that cross-assignment consequences have a disclosed factual basis and an opportunity to respond. The Board retains disciplinary powers, while committees retain their statutory replacement role. Other appellate rulings take the contrary view that suspension of registration makes the professional ineligible across all assignments. Final appellate review and the underlying disciplinary findings remain open.
Under the PMLA, property acquired before a scheduled offence is not ordinarily directly derived from later criminal activity, but may be provisionally attached as the equivalent value of unavailable or dissipated proceeds of crime under the broader interpretation of the value limb. Attachment requires an identified scheduled offence, a reasoned assessment of illicit proceeds and equivalent value, and written reasons based on material showing a real risk that the property may be concealed, transferred or otherwise dealt with to frustrate confiscation. Income-tax disclosure is relevant but not conclusive. Statutory adjudication must allow the affected person to establish lawful source, challenge the asserted nexus and address valuation.
Proper-officer jurisdiction under customs law depends on an officer's appointment and function-specific assignment, rather than merely designation, investigation role, or original assessment. Assessment under Section 17 and recovery notice powers under Section 28 are distinct; the notice need not be issued by the officer who assessed the goods. Section 28(11) retrospectively validates qualifying customs officers' assessment powers and proper-officer status, unaffected by Explanation 2's preservation of the earlier recovery regime. Confiscation or penalty proceedings require separate compliance with Section 124, including written grounds, prescribed prior approval, representation, and hearing. Once jurisdiction is established, factual, limitation, evidentiary, and procedural objections remain for adjudication.
Dependent agent permanent establishment under Article 5(5) of the India-Switzerland DTAA requires cogent evidence that an Indian intermediary both has authority to negotiate and enter contracts for the foreign enterprise and habitually exercises that authority. Customer liaison, account management, administrative support, communicating pre-approved terms, and assisting an online contracting process do not satisfy that test where material commercial decisions remain offshore. Group control or economic dependence cannot replace the positive authority requirement, though they may affect independent-agent status. PE existence must be determined before Article 7 profit attribution; arm's-length remuneration does not itself prevent a DAPE, but may affect attribution if a PE exists. Rule 10 becomes relevant only where income cannot be definitely ascertained.
By: - Dr. Sanjiv Agarwal
GST Council process-reform recommendations cover simplified registration, return filing, refunds, adjudication, dispute management and improved Input Tax Credit flow. Proposed measures include removal of GST arrest provisions, an increased prosecution threshold, reduced maximum general penalties, simplified registration for small e-commerce sellers, and facilitation of inter-State goods movement. GST applicability, rates, exports and trade-facilitation issues are also addressed. Implementation is contemplated through notifications, circulars and legislative amendments, supported by FAQs.
By: - Raj Jaggi
GST treatment of an assignment of existing leasehold rights in an industrial plot depends on the legal character of the rights transferred, rather than the label assigned to the payment. Where the incoming party replaces the outgoing lessee for the balance term, the transaction is an assignment of an existing interest in immovable property, not ordinary renting. Under the Gujarat High Court approach applied to covered GIDC assignments, the purchaser obtains benefits arising from immovable property rather than a taxable service merely because consideration is paid.
By: - Ashley Smith
GST reconciliation aligns accounting records with GST portal data and periodic returns to ensure that reported supplies, tax payments and input tax credit claims correspond. Purchase registers should be matched with GSTR-2B, sales registers with GSTR-1, and GSTR-1 liability with GSTR-3B tax payment. ITC claims require review of eligible GSTR-2B invoices, blocked credits, reversals, reverse-charge transactions, import credits and supplier credit notes. Invoice-level exceptions should be documented, followed up with suppliers, and corrected through permitted return mechanisms.