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2026 (7) TMI 1566 - ITAT MUMBAI AT
Section 12AB permits the authority, after inquiry into objects, genuine activities and material legal compliance, to grant registration for the statutory period or reject the application. It does not create a contingent form of registration whose tax consequences await future litigation. Post-registration violations must be addressed through the separate cancellation process, requiring inquiry and hearing. Conditions in prescribed forms or administrative guidance may operationalise statutory duties but cannot create extra-statutory eligibility thresholds, future-conduct obligations or anticipatory cancellation consequences. Binding jurisdictional rulings remain applicable unless stayed, modified or reversed.
Notification No. G.S.R. 146/P.A.5/2017/S.164/Amd.(43)/2021 Dated:- 6-9-2021 Punjab SGST
Punjab GST return compliance introduces quarterly return filing, the Invoice Furnishing Facility for the first and second months of a quarter, and a monthly static auto-drafted input tax credit statement in FORM GSTR-2B. Quarterly filers may report specified supplies to registered persons and related notes through IFF without repeating them in quarterly FORM GSTR-1. FORM GSTR-2B segregates available, unavailable and reversible credit and requires reconciliation with records. Regular taxpayers file FORM GSTR-3B monthly or quarterly, with quarterly taxpayers depositing tax for the first two months in FORM GST PMT-06.
Notification No. 135/2026 Dated:- 13-10-2026 Income-Tax Act, 2025
New Article 27B introduces an entitlement-to-benefits limitation for India-Mauritius treaty relief. A benefit for an item of income may be denied where obtaining it was one of the principal purposes of an arrangement or transaction that directly or indirectly produced the benefit, considering all relevant facts and circumstances. Relief may still be granted where it accords with the object and purpose of the relevant treaty provisions. The amendments apply from their entry into force, irrespective of the tax levy date or taxable year concerned.
2026 (5) TMI 1449 - CESTAT ALLAHABAD AT
Transaction value under Section 14 and Rule 3 is the primary basis for valuing imported goods. Rule 12 permits rejection only where an objectively sustainable reasonable doubt persists after considering further information; on request, the grounds must be disclosed in writing and a hearing afforded. Redetermination must follow Rules 4 to 9 sequentially and rely on demonstrably comparable import data. Written acceptance of reassessment may dispense with a speaking order under Section 17(5), but protest-qualified or provisional-clearance correspondence may preserve the statutory right to appeal.
GST
Dated:- 14-10-2026
GSTR-9/9C annual return filing for FY 2025-26 is enabled on the GST portal from 8 October 2026. Access to the annual-return filing tile requires filing all GSTR-1 and GSTR-3B returns for the relevant financial year. Taxpayers requiring filing assistance may submit a support ticket through the GSTN helpdesk.
2026 (5) TMI 1509 - SC Order SCH
GST treatment of assignment of leasehold rights turns on whether the lessee has made a complete transfer of its existing estate or continues to provide occupation or enjoyment. Where the assignor transfers the whole residual term, possession, building and associated rights, retains no reversionary or controlling interest, and the assignee succeeds directly to obligations towards the original lessor, the transaction may be characterised as transfer of benefits arising out of land rather than a supply of services. Labels such as premium, salami or transfer fee are not conclusive.
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.