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Input tax credit on foreign-exchange conversion, card and account-operation charges may be claimed where these are business overheads. Banking companies and financial institutions may issue a consolidated monthly tax invoice or another qualifying document. A bank statement may support the credit claim where it contains the prescribed invoice particulars. Where GSTR-2B entries do not reconcile with bank deductions, a consolidated invoice may assist reconciliation.
Functional comparability under TNMM excludes KPO and business-analytics companies from low-end BPO benchmarking when profiles materially differ.
Transfer-pricing comparability under the transactional net margin method requires a separate functions, assets and risks analysis for every proposed comparable. Retaining Infosys BPO Ltd., where its suitability was not challenged, does not establish the functional comparability of other high-end ITES entities. Low-end ITES/BPO providers should not be benchmarked against Eclerx Services Ltd., whose analytics and knowledge-process outsourcing functions materially differ. ICRA Techno Analytics Ltd.'s segment, involving business analytics, operational solutions and internally developed customised software, is likewise functionally dissimilar. The appropriate comparable set therefore excludes dissimilar KPO and business-analytics entities when determining the arm's-length price.
Notification No. Manipur Goods and Services Tax (Second Amendment) Ordinance, 2025(Act No. 2 of 2025...
Appeals against orders imposing penalty without a tax demand require payment of ten per cent of the penalty at the first appellate stage and a further prescribed payment for appeal to the Appellate Tribunal. A track-and-trace mechanism may be prescribed for notified goods and persons dealing in them. Covered persons may be required to affix unique identification markings, furnish information and machinery details, maintain records, and pay prescribed system-related amounts. Contravention attracts an additional penalty equal to the higher of the specified fixed amount or ten per cent of the tax payable on the goods.
Revisionary jurisdiction requires both error and Revenue prejudice; passive landowner JDA receipts remain long-term capital gains.
Revisionary jurisdiction requires an assessment order to be both erroneous and prejudicial to the Revenue; Explanation 2 does not displace these twin conditions. Where scrutiny examined JDA receipts, capital-gains treatment, records and explanations, revision cannot substitute another plausible view or commence a fishing inquiry. A landowner's revenue share under a Joint Development Agreement is long-term capital gain where the land remains a capital asset and the developer alone bears construction, approvals, marketing, funding and project risks. Deferred receipt of agreed consideration does not, by itself, create an adventure in the nature of trade or business income.
Provisional bank-account attachment lapses after the statutory one-year period, requiring de-freezing once the attachment ceases to operate.
Provisional attachment of a bank account under Section 83(2) ceases to operate once the statutory one-year period from the attachment order expires. Expiry of that period causes the attachment to lapse, requiring the bank account to be de-frozen. The respondents accepted that the attachment had expired under the statutory time limit and no continued restraint could be maintained.
Notification No. Mizoram Goods and Services Tax (First Amendment) Act, 2026 (ACT No. 3 OF 2026) Date...
A supplier's output tax liability cannot be reduced through a credit note where a registered recipient has not reversed attributable input tax credit, or where the tax incidence has been passed on to another person. Appeals against penalty-only orders require prescribed pre-deposits. Specified goods may be subject to a unique identification marking regime requiring affixation of markings, information reporting, record maintenance and machinery disclosures, with additional penalties for contravention.
Notification No. S.O.141/P.A.5/2017/S.11/2018 Dated:- 18-9-2018 Punjab SGST
Specified intra-State supplies of handicraft goods are exempt from tax under Punjab GST to the extent tax exceeds listed rates of 1.5%, 2.5% or 6%, subject to tariff classification and descriptions. Handicraft goods must be predominantly handmade, though tools or machinery may be used, and must have substantial ornamentation or other distinctive aesthetic, artistic, ethnic or cultural features distinguishing them from mechanically produced goods. Handmade or hand-embroidered shawls are subject to different rates based on sale value.
Notification No. PA/ETC/2017/310 Dated:- 20-11-2017 Punjab SGST
Registered persons must electronically furnish FORM GSTR-3B for January, February and March 2018 by the prescribed monthly due dates. Tax, interest, penalty, fees and other payable amounts must be discharged, subject to the statutory payment framework, no later than the applicable return-filing due date through debit to the electronic cash ledger or electronic credit ledger, as applicable.
Open justice protects accurate reporting of public hearings; oral observations outside formal orders do not justify blanket media restraints.
Open justice and Article 19(1)(a) protect fair and accurate media reporting of proceedings conducted in open court, subject to permissible restrictions for privacy, fair-trial and other countervailing interests. Oral exchanges and tentative observations during hearings are not part of the formal judicial record or judicial determinations; blanket limits on reporting them would undermine transparency and accountability. Judicial restraint remains necessary in off-the-cuff language. Relief against coercive action arising from an FIR or complaint must be pursued through available criminal-procedure remedies, including inherent jurisdiction, rather than unrelated appellate proceedings.
Notification No. Tripura State Goods and Services Tax (Tenth Amendment) Act, 2026 (Act No. 15 of 202...
Post-supply discounts may be excluded from the value of supply only where the supplier issues a credit note and the recipient reverses attributable input tax credit. The credit-note mechanism expressly covers such discounts. Refund provisions additionally include unutilised input tax credit allowed under the relevant proviso, while the specified treatment of refunds under subsections (5) and (6) excludes claims for goods exported with payment of tax.
Notification No. S.O.138/P.A.5/2017/S.9/(Amd.)/2018 Dated:- 18-9-2018 Punjab SGST
Punjab SGST rate schedules are amended with deemed effect from 27 July 2018 through additions, omissions, substitutions and exclusions across the 2.5%, 6%, 9% and 14% schedules. Ethyl alcohol supplied for petrol blending is placed in the 2.5% schedule and excluded from the 9% entry. The changes revise classifications for fertilizer-grade phosphoric acid, apparel, coir products, bamboo flooring, fuel-cell vehicles, paints, domestic appliances, lithium-ion batteries, television sets and specified vehicles, while omitting several 14% entries and refining product-specific exclusions.
Notification No. 83/2026 Dated:- 14-10-2026 Customs - Non Tariff
Customs designation is extended to Mandalgarh, Bhilwara, Rajasthan, as item (xiii) in the Rajasthan entry under serial number 10. The location may be used for unloading imported goods and loading export goods, including any class of such goods, under the statutory framework for appointing customs places within inland container depot arrangements.
Notification No. G.S.R.87/P.A.5/2017/S.164/Amd.(24)/2018 Dated:- 16-11-2018 Punjab SGST
Punjab GST refund provisions distinguish refunds of unutilised input tax credit on zero-rated supplies without payment of tax from refunds of integrated tax paid on exports. Input tax credit relating to specified concessional supplies and other inputs or input services used for exporting goods is covered. Refund of integrated tax paid on exports is ineligible where specified State, integrated-tax or customs benefits have been used, subject to stated EPCG capital-goods exceptions.
The India-Mauritius tax treaty Protocol replaces the treaty preamble to confirm that eliminating double taxation must not create opportunities for non-taxation or reduced taxation through tax evasion, avoidance, or treaty-shopping arrangements benefiting third-jurisdiction residents. It inserts an entitlement-to-benefits rule denying treaty relief where, considering all relevant facts and circumstances, obtaining the benefit was one of an arrangement's or transaction's principal purposes, unless granting relief accords with the relevant treaty provision's object and purpose. The Protocol entered into force on 10 August 2026 and applies from that date regardless of when tax is levied or the relevant taxable year.
Indian Computer Emergency Response Team (ICERT) will function as an Attached Office under the administrative control of MeitY with immediate effect. ICERT will also continue as the appointed agency for purposes of the Information Technology Act, 2000, as amended. The declaration formalises ICERT's administrative placement without displacing its continuing statutory agency role under that Act.
The Sixth Schedule to the Delhi Value Added Tax Act, 2004 is amended to add the High Commission of Jamaica to the listed embassies eligible for VAT exemption or refund on taxable goods purchased for official use and for diplomats' personal use, reflecting reciprocal treatment. VAT refunds require each invoice to meet the prescribed minimum value of Rs. 5,000. The earlier notification on the subject is rescinded with immediate effect, and the amendment operates from 21 November 2025.
2026 (5) TMI 848 - ITAT MUMBAI AT
Registration of the recipient political party, non-cash remittance, banking records and donation receipts are necessary evidentiary facts for a political-contribution deduction, but do not conclusively prove a genuine contribution. Where credible material indicates an accommodation-entry arrangement involving return of funds through intermediaries, the claimant must substantiate the transaction and address taxpayer-specific circumstances. General allegations about a recipient cannot alone displace a claim without a sufficient nexus to the taxpayer's own payment. Penalty initiation requires separate determination of under-reporting or misreporting and a reasonable opportunity of hearing.
By: - Bimal jain
Input tax credit in Bill To-Ship To export transactions depends on statutory conditions and reliable evidence of receipt, transport and export, not on toll plaza records. Goods may be delivered directly to a ship-to location on the recipient's instructions and need not begin movement from the supplier's registered premises. Where the immediate supplier is registered and invoices, e-way bills, bilty copies, transporter confirmation, export records and banking evidence are undisputed, upstream supplier defaults alone do not transfer liability to the recipient. Appellate proceedings remain confined to the grounds contained in the show cause notice.
By: - DR.MARIAPPAN GOVINDARAJAN
Under Rule 43 of the Income-tax (Certificate Proceedings) Rules, 1962, a Recovery Officer must decide a third party's bona fide claim of independent possession before pursuing physical delivery through an Advocate Commissioner. Rule 39 concerns property occupied by the defaulter, persons acting for the defaulter, or persons claiming through a post-attachment title. Where an occupier disputes the identity or boundaries of the auctioned property and asserts a pre-existing partition-based title, the objection requires prior determination.
By: - Raj Jaggi
GST common adjudication requires separate verification of an officer's jurisdiction and the administrative assignment of a particular case. Notifications and statutory provisions confer competence; circulars may distribute covered cases among already empowered officers but cannot create or transfer jurisdiction. Under the highest-tax-demand criterion, the noticee with the greatest demand and its principal place of business identify the relevant allocation entry and designated Commissionerate. The selected officer must independently fall within the notification's authorised class and the proceedings must be covered by its terms.