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2023 (5) TMI 1515
Case Laws Income Tax
Employees' PF/ESI contribution timing permits return adjustments, while holiday due dates require next-working-day verification for deduction eligibility.
Employees' PF/ESI contributions paid after the due date under the relevant welfare law are non-deductible and may be adjusted during return processing as incorrect claims apparent from the return under section 143(1)(a)(ii). Where a statutory due date falls on a public holiday, section 10 of the General Clauses Act treats payment on the immediately following working day as timely, subject to verification that the relevant office was closed and payment occurred on the next open day. Payments within that computation-of-time rule may qualify for deduction; other delayed employee contributions remain disallowed.

Circular No. 215/9/2024-GST Dated:- 14-10-2025 Jharkhand SGST Dated:- 14-10-2025 Jharkhand SGST
Where a policy limits the insurer's liability to the Insured's Declared Value less the salvage or wreck value, deduction of that value from the claim settlement amount leaves ownership of the salvage with the insured. The deduction does not constitute consideration for a supply by the insurer, and no GST liability attaches to the insurer in respect of that salvage value. Where a claim is settled for the full Insured's Declared Value without deducting salvage value, ownership passes to the insurance company, and disposal or sale of the salvage constitutes an outward supply for GST.

Circular No. 214/8/2024-GST Dated:- 14-10-2025 Jharkhand SGST Dated:- 14-10-2025 Jharkhand SGST
For taxable life insurance policies, premium excluded from taxable value under rule 32(4) as an investment or savings component is not an exempt or non-taxable supply. The exclusion operates as a statutory valuation mechanism and does not change the taxable character of the life insurance service. Consequently, input tax credit reversal under rules 42 and 43, read with section 17(1) and 17(2), is not required in respect of that excluded premium portion.

2022 (8) TMI 1637
Case Laws Money Laundering
Interim bail for urgent family medical needs was granted for four weeks in view of serious medical circumstances.
Interim bail was granted for four weeks because the petitioner's daughter faced an extremely precarious medical condition requiring immediate attention. Medical records established the seriousness and urgency of her condition. Those circumstances supported temporary release, with relief confined to the specified four-week period to address her immediate medical needs.

Circular No. 213/7/2024-GST Dated:- 14-10-2025 Jharkhand SGST Dated:- 14-10-2025 Jharkhand SGST
Reimbursement by an Indian subsidiary to its overseas holding company for ESOP, ESPP or RSU securities transferred directly to employees is not subject to GST when made strictly on a cost-to-cost basis. Securities are neither goods nor services, and employee equity compensation under employment terms is outside supply. However, any fee, markup, commission or other amount charged over the securities' cost is consideration for facilitation or arrangement services, taxable as an import of services under the reverse charge mechanism.

GST APPELLATE TRIBUNAL PORTAL
Articles Goods and Services Tax - GST
By: - DR.MARIAPPAN GOVINDARAJAN
Electronic filing is mandatory for appeals before GSTAT through efiling.gstat.gov.in, with digital upload of supporting documents. Filed appeals and applications are processed through the Case Information System and Document Management System, and orders are uploaded online for stakeholder access and case updates. Registration is available to taxpayers, officials, representatives, and other users. Payment guidance covers appeal fees and pre-deposits through the Bharatkosh portal. Cause lists, case status, notices, judgments, grievance support, user guidance, and hybrid hearings facilitate appellate proceedings.

By: - K Balasubramanian
Interest on delayed payment is considered in relation to whether liability continues until an amount standing in the electronic cash ledger is debited to the tax account. Funds credited to that ledger are described as blocked for the taxpayer, whereas receipt by Government is linked to their transfer into the tax account. The commentary emphasises accurate and timely GST payment because interest on confirmed tax is presented as automatic, and characterises this issue as a practical compliance risk.

By: - DEV KUMAR KOTHARI
Partly agricultural and partly business income permits deduction of the market value of agricultural produce used as business raw material or whose sale receipts are included in business accounts. Market value is ordinarily based on average market price; where no ordinary sale occurs, it comprises cultivation expenses, land revenue or rent, and reasonable profit determined by the Assessing Officer. No further deduction is available for expenditure incurred as cultivator or receiver of rent-in-kind. The framework excludes rubber, coffee and tea, which are subject to separate provisions.

By: - Raj Jaggi
Rule 110(5) requires fees to be calculated from the statutory monetary base, subject to prescribed rate and limits. The proposed interpretation groups independent tax and ITC recoveries as the principal fiscal controversy while treating fine, fee and penalty as separately classified liabilities. A composite demand's grand total cannot substitute for classification under the relevant fee provision.

By: - K Balasubramanian
Goods and Services Tax Appellate Tribunal functioning is reviewed through 10 final appellate matters from August and September 2026, against reported tribunal activity and infrastructure constraints. The commentary treats the sample as too limited for definitive conclusions but as an indicator of emerging adjudication trends. It urges officers to issue reasoned orders after considering relevant higher-court and GSTAT decisions, to afford personal hearings, and to address recurring concerns involving demand provisions, tax-head mismatch, and demands on trade payables. It also advances nationwide consistency in applying GSTAT interpretations under common CGST and aligned SGST provisions.

RECENT DEVELOPMENTS IN GOODS AND SERVICES TAX
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
Rajasthan and Haryana require specified GST show-cause notices and demand orders to be additionally sent by registered or speed post within 15 days, while portal availability remains the deemed date of service. Rajasthan limits this measure to demands of at least Rs. 1 lakh; both systems require dispatch registers and supervisory monitoring. GSTN has introduced RCMDOM and RCMIMP supply types for reporting recipient-generated reverse-charge self-invoices, enabling eligible registered taxpayers to obtain Invoice Reference Numbers through authorised portals, subject to validations and statutory conditions. Production implementation remains unannounced.

By: - Aashok Kumar Sharma
Unprofitable growth arises when increased turnover is obtained through weak margins, discounts, long credit, loss-making customers or expansion undertaken before unit economics are proven. Review should focus on gross margin, contribution margin, cash conversion, customer concentration and break-even turnover, supported by customer-level profitability and working-capital analysis. Growth should be assessed against incremental costs, cash needs, payback and downside risk. Late payments to micro and small enterprises beyond applicable limits may defer the related income-tax deduction until actual payment.

By: - Sudheer Nagavarapu
Captive GCC transfer pricing depends on arm's length remuneration supported by an evidence-based functional analysis, a complete and consistently applied cost base, and function-specific benchmarking. The analysis should establish the GCC's functions, assets, risks, decision-making authority and intellectual-property role. Share-based employee costs, pass-through expenditure, foreign-exchange items, depreciation and facility costs require documented treatment. Local-file documentation, accountant reporting, applicable master-file and country-by-country reporting, and intercompany agreements must align with actual operations. Safe harbour rules and advance pricing agreements may provide pricing certainty for eligible GCCs.

By: - Sudheer Nagavarapu
Strike-off is appropriate for an inactive or non-commenced company with liabilities discharged, filings updated and no material disputes, subject to shareholder approval, prescribed filings and public notice. Voluntary liquidation is appropriate where assets, surplus cash, contracts, creditors or claims require an orderly process, beginning with a solvency declaration and resulting in asset realisation, stakeholder distribution and final dissolution. Foreign exchange reporting, repatriation requirements, tax matters, GST, employee dues, local registrations and bank-account closure must be completed under either route.

By: - Sudheer Nagavarapu
Foreign nationals may serve as directors of Indian companies, but every company must maintain at least one director satisfying the resident-director requirement. Appointment requires a Director Identification Number, Digital Signature Certificate, legalised identity and address documents, consent, a non-disqualification declaration, prescribed appointment filings and interest disclosures. Foreign directors must comply with periodic KYC, attendance requirements, directorship limits and disqualification rules. Non-resident director remuneration generally requires Indian tax withholding and remittance compliance, while executive roles performed from India generally require employment-visa compliance.

By: - Aashok Kumar Sharma
Business-distress monitoring should use a monthly green-amber-red assessment of demand, margins, cash flow, expansion, management accountability, financial reporting, internal controls, compliance, debt, market change, culture and timely action. Cash discipline requires a rolling 13-week forecast, overdue-debtor review and monthly reconciliations. Persistent red indicators relating to cash flow, debt and delayed action are relevant to going-concern evaluation. Eligible MSMEs may explore the pre-packaged insolvency route, subject to eligibility requirements, while early lender discussions and professional advice may preserve restructuring options.

2026 (10) TMI 1642
Case Laws Indian Laws
Witness summons under Order XVI may issue despite delayed listing when necessary evidence addresses the real controversy.
Order XVI Rule 1(2) and (3) permits issuance of a witness summons despite an untimely witness list where sufficient cause is shown and the proposed evidence is necessary to determine the real controversy. A CGST officer may be summoned because unsuccessful RTI efforts explained the delayed request and the registration and invoice evidence was material to the defence against the recovery claim. Summons to the college principal should not issue because evidence of the respondent's alleged student status was irrelevant to the construction-billing dispute. The evidentiary record is therefore limited to the CGST-related evidence.

2026 (10) TMI 1643
Case Laws VAT / Sales Tax
Retrospective evidentiary standards for input tax credit require a fresh opportunity to prove genuine goods transactions.
Retrospective application of subsequently prescribed evidentiary standards to deny input tax credit, without allowing the purchasing dealer to satisfy those standards, breached principles of natural justice. The purchasing dealer was required to establish the genuineness of transactions and actual physical movement of goods beyond invoices and banking payments. Because those requirements had not been articulated during reassessment, the adverse appellate orders were set aside. The input tax credit claim must be reconsidered after sufficient opportunity to produce additional evidence demonstrating compliance with applicable evidentiary requirements, without any determination on the merits.

2026 (10) TMI 1644
Case Laws VAT / Sales Tax
Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.
Contractual disputes over which party bears or reimburses tax are arbitrable where they concern reciprocal obligations and neither determine statutory tax liability nor bind tax authorities. For works contracts, transfer of property in goods is a deemed sale, but goods procured pursuant to an integral nexus with the contract may qualify as sales in the course of import or inter-State trade and remain outside DVAT. Contractual specifications, supplier approval, pre-inspection, tax-exemption certificates, custom-made goods and consignee identification may establish that nexus; subsequent incorporation into the works does not sever it. Limited review of arbitral awards precludes reappreciation of evidence where the tribunal's view is plausible.

2026 (10) TMI 1645
Case Laws Service Tax
Reverse charge service tax cannot create duplicate recovery after the provider fully discharges liability on identical services.
Service tax under the reverse charge mechanism cannot be recovered from a service recipient where the service provider has already discharged, and Revenue has accepted, the entire tax liability on the same manpower recruitment agency service. Recovery provisions apply only where tax has not been levied or paid, or has been short-levied or short-paid. Once full tax payment leaves no outstanding liability for that service, a further demand from the recipient would amount to duplicate recovery.

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