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    Case LawsCustoms
    Decoding the Interplay of Customs Duty, Interest, and Confiscation Proceedings
    Case LawsIncome Tax
    Validity of Assessment u/s 153C: Reckoning the Limitation Period
    Case LawsIncome Tax
    Interpreting 'Initiation' of Penalty Action u/s 275(1)(c): Period of Limitation
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    Unraveling the Web: Forgery, Fake GST Firms, and the Pursuit of Economic Justice
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    Interplay between the provisions of Section 153C and Section 147: Limits on Automatic Reassessment i...
    Decoding the GST Forgery Case: Balancing Personal Liberty and Safeguarding Public Interest for Grant...
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    Embracing Equity in Tax Laws: Recognizing Genuine Difficulties in Condonation of Delays in filing of...
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    Case LawsCustoms
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    Customs duty liability on redemption: assessment under Section 28 triggers interest under Section 28AB for delayed payment.
    The court concluded that duty liability arises when an owner redeems confiscated goods under Section 125(2), while the procedural assessment and determination of that duty can be carried out under Section 28, and that the interest provision of Section 28AB applies where Section 28 is invoked for such duties; the Jagdish Cancer ratio does not preclude applying Section 28 in confiscation-redemption assessments.
    Case LawsIncome Tax
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    Limitation under Section 153C: six-year period runs from receipt of seized documents, requiring assessment under Section 153C.
    Where seized assets, documents and digital data recovered from a third party are found to relate to another person, the date on which the Assessing Officer having jurisdiction receives those seized materials is the deemed date of search for reckoning the six-year limitation period; that deemed date determines the relevant assessment year and which prior six assessment years fall under the special procedure for initiating assessments under Section 153C.
    Case LawsIncome Tax
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    Initiation of penalty proceedings: limitation runs from the Assessing Officer's reference, barring belated penalty orders.
    Initiation of penalty proceedings occurs when the Assessing Officer makes a reference to the competent authority; the subsequent show cause notice is a procedural opportunity and does not restart the limitation period, so the statutory limitation for completing penalty proceedings runs from the date of the Assessing Officer's reference and a penalty order passed after that period is time barred.
    Case LawsIncome Tax
    Show AI Summary
    Faceless assessment procedure must govern issuance of Section 148 notices in international tax matters, irrespective of residency.
    The court held that the plain language of the faceless scheme, Section 144B(2) and the CBDT order requires that issuance of Section 148 notices in matters involving international tax charges comply with the mandatory faceless assessment procedure, irrespective of the taxpayer's residency status, and that notices issued without adherence to that procedure are inconsistent with the statutory scheme.
    Case LawsGST
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    ITC blocking under Rule 86A: restricts orders to credit presently available in the electronic credit ledger, limiting retrospective blockage.
    Rule 86A(1) functions as a temporary protective mechanism that may be invoked only where input tax credit is currently available in the taxpayer's electronic credit ledger and the officer has reasons to believe that such present credit has been fraudulently availed or is ineligible; the expression "amount equivalent to such credit" must be read together with the condition of availability in the ECL and does not authorise retrospective blocking of ITC already utilised or refunded.
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    Exhaustion of statutory remedies prevents direct writ challenges to tax demands absent exceptional circumstances or factual disputes.
    The court held that exhaustion of statutory remedies bars writ relief where efficacious alternate remedies exist and where resolution requires factual or classification inquiries; finding no exceptional circumstances to bypass the statutory process, the court dismissed the writ petitions but granted liberty to the petitioners to pursue statutory remedies, including filing responses to show cause notices or appeals against adjudication orders within the period allowed, subject to compliance with prescribed conditions such as pre-deposit obligations.
    Case LawsIncome Tax
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    Reassessment limitation: commencement depends on AO's recorded satisfaction, not the search date, for non-searched entities.
    Reassessment of a non-searched entity under Section 153C must be measured from the date the Assessing Officer records satisfaction about the seized material's relevance to that entity, not from the date of the search when the same AO is involved; the proviso to Section 153A(1) prevents the extended limitation period introduced by the 2017 amendment from applying to searches before the statutory cutoff, and physical handover of materials is a machinery provision rather than the substantive commencement trigger.
    Case LawsCustoms
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    Transaction value protection: declared import price accepted; principal-use classification of motor controllers affirmed after procedural defects in reassessment were found
    The tribunal upheld the declared transaction value, finding that the authority enhanced assessable value without following statutory procedures and without proving non-comparability; NIDB assessed-value data alone was insufficient. On classification, the motor controllers were held to be parts principally used with electric motors and correctly classed under CTH 8503, with explanatory notes and the principal-use test displacing revenue's attempt to treat them as vehicle accessories.
    Case LawsIncome Tax
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    Place of business controls assessment jurisdiction; transfer permitted where incriminating materials were seized in that jurisdiction.
    When incriminating materials seized in a particular circle are directly connected to an assessee's business activities and essential to assessment, the assessing authority may transfer proceedings to the circle where those materials were seized. The decision emphasizes that place of business-reflecting where operative evidence and activities occurred-can control assessment jurisdiction, and that transfer facilitates a coordinated investigation while procedural safeguards like show cause notices and opportunities to reply remain relevant.
    Case LawsIncome Tax
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    Writ jurisdiction preserved where exceptions to alternative remedies exist; defective Section 153C compliance undermines post-search assessments.
    The court analysed when High Court writ jurisdiction may be exercised despite alternative remedies, reiterating exceptions for violations of natural justice, lack of jurisdiction, or fundamental rights. It examined Section 153C procedural requirements, particularly the necessity of a valid satisfaction note by the Assessing Officer of the searched person, time limits and jurisdictional competence, and the limited evidentiary value of loose sheets and retracted statements absent corroboration.
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    Time limits for 80G registration: purposive interpretation prevents existing charities being barred and preserves merit-based verification.
    The Tribunal construed the amended registration scheme to hold that the six month filing period tied to commencement of activities applies to newly formed institutions that have not begun activities, not to existing charities that obtained provisional approval; it required the assessing authority to treat applications filed within six months before provisional approval expiry as within time and to verify eligibility on merits, providing opportunity to supply documents.
    Case LawsGST
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    Admissibility of custodial disclosures: discovery linked statements can be admitted, shaping jurisdiction and bail in GST fraud cases.
    The summary addresses three operative legal points: admissibility of custodial disclosures limited to parts directly leading to discovery of material items; jurisdictional inquiry in multi state economic offences founded on connections between the complainant, place of lodging the FIR and links to accused and firms; and stringent bail evaluation in large scale economic crimes considering gravity, evidence, punishment, risk of tampering, accused's influence and public interest, applied to a scheme of forged GST firms and bogus invoices.
    Case LawsIncome Tax
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    Non obstante clause in third party search provision applies only after the AO assumes jurisdiction by issuing a notice.
    The Assessing Officer of the other person must record satisfaction that incriminating material relates to that person's total income for specific assessment years before issuing a third party notice; the non obstante clause in the third party provision applies only after the Assessing Officer assumes jurisdiction by issuing such a notice and does not oust regular reassessment provisions where jurisdiction under the third party scheme is not assumed.
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    Bail in economic offences: stricter scrutiny where circumstantial financial links to proceeds of crime risk investigation and public interest.
    The court examined bail appropriateness where applicants allegedly knowingly received and concealed proceeds from a large-scale GST fraud involving fake registrations and bogus invoices. It treated unexplained transactions as strong circumstantial evidence of complicity and applied a heightened bail regime for serious economic offences, weighing gravity of offence, public fund loss, evidence strength and risk of tampering. Gender or familial ties were held insufficient to justify leniency when individuals are shown to have benefited from proceeds of crime.
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    Condonation of delay: bona fide short technical glitches in filing income tax returns warrant equitable condonation by authorities.
    The High Court held that a one day, bona fide delay in filing an income tax return due to a technical portal glitch could not be rejected merely because the return had been processed with a demand; such reasoning was misconceived. Applying earlier authorities that endorse an empathetic and non rigid approach, the court emphasised that short delays caused by genuine human or technical problems should be condoned in exercise of administrative discretion, reinforcing the primacy of equity and justice in condonation applications for returns.
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    Condonation of delay: personal illness of a tax professional can justify relief in filing income tax returns.
    The summary establishes that under Section 119(2)(b) of the Income-tax Act, delay in filing returns caused by personal difficulties of a chartered accountant (such as illness of a family member) can be a genuine reason for discretionary condonation; authorities should assess such claims sensitively, require reasoned disbelief if rejecting medical evidence, and interpret discretionary tax powers in light of equity, substantial justice and harmonious construction.
    Case LawsCustoms
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    Invalidity of notices to deceased persons prevents recovery from legal heirs absent specific statutory machinery enabling continuation.
    Issuance of a demand or show cause notice to a deceased sole proprietor is a jurisdictional defect because notice to the correct person is a condition precedent under the Customs Drawback Rules; absent a statutory machinery provision or voluntary submission by legal representatives, recovery of erroneously availed drawback and penalties cannot be pursued against legal heirs.
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    Jurisdiction of revenue intelligence officers affirmed: legislative validation sustains past customs show cause notices as constitutionally permissible.
    The Court concluded the defect identified in Canon India is unfounded when Notification No. 44/2011 and amended Section 17 are read together, distinguishing assessment functions under Section 17 from recovery under Section 28, and held that Section 97 of the Finance Act, 2022 validly and purposively validates past show cause notices issued by DRI and similarly situated officers, with retrospective application limited to the object of validation and passing Article 14 tests of reasonable classification and proportionality.
    Case LawsCustoms
    Show AI Summary
    IGST on ocean freight invalid where IGST already paid on import value, preventing double taxation under valuation rules.
    The court held that where IGST has been paid on the value of imported goods inclusive of cost, freight and insurance under Section 5(1) of the IGST Act read with the Customs Act, the CIF/FOB distinction is immaterial and a notification provision seeking separate IGST on ocean freight for FOB imports cannot be sustained, reinforcing fiscal neutrality and preventing double taxation.
    Case LawsIncome Tax
    Show AI Summary
    Timing difference in wage provisions prevents double disallowance; actual payment deductible after reversal.
    Where provisions for wages and salaries are reversed in the return and actual payments are later made and evidenced, those entries represent a timing difference rather than inherently bogus expenditure; treating the same item as disallowable in the earlier year and again disallowing the later payment would result in double disallowance contrary to the taxation of real income.

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      AMENDMENTS TO DUTY RATES IN FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

      1 February, 2025

      Contents
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      Union Budget 2025-26 (Full) + Finance Bill, 2025

      III. AMENDMENTS TO DUTY RATES IN FIRST SCHEDULE TO THE CUSTOMS TARIFF ACT, 1975

      A.

      Increase in Tariff rate (to be effective from 02.02.2025) * [Clause 98 (a) of the Finance Bill, 2025] *Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

      Rate of Duty

      S. No.

      Tariff item

      Commodity

      From

      To

       

       

      Textile

       

       

      1.

      6004 10 00

      6004 90 00

      6006 22 00

      6006 31 00

      6006 32 00

      6006 33 00

      6006 34 00

      6006 42 00

      6006 90 00

      Knitted Fabrics

      20%/10%

      20% or Rs115/kg,

      whichever is

      higher

       

       

      IT & Electronics sector

       

       

      2.

      8528 59 00

      Interactive Flat Panel Displays (Completely Built Units)

      10%

      20%

      B.

      Decrease in Tariff rate (to be effective from 01.05.2025 unless otherwise specified) * [Clause 98 (b) of the Finance Bill, 2025] Note: These changes will be effective from 2nd

      February, 2025 by issuance of notification.

      Rate of Duty

      S. No.

      Heading, subheading,

      tariff

      item

      Commodity

      From

      To

      1.

      25151100

      2515 12

      Marble and travertine, crude or roughly trimmed, merely cut into blocks, slabs and other

      40%

      20%

      2

      2516 11 00

      2516 12 00

      Granite, crude or roughly trimmed,

      merely cut into blocks, slabs and

      other

      40%

      20%

      3.

      2933 59

      Other compounds containing a pyrimidine ring (whether or not hydrogenated) or piperazine ring in the structure

      10%

      7.5%

      4.

      3302 10

      Synthetic flavouring essences and

      mixtures of odoriferous substances

      of a kind used in food and drink

      industries

      100%

      20%

      5.

      3406

      Candles, tapers and the like

      25%

      20%

      6

      3822 90

      Reference Materials

      30%

      10%

      7

      3824 60

      Sorbitol other than that of subheading

      2905 44

      30%

      20%

      8

      3920

      Other, plates, sheets, films, foil and

      strip, of plastics, non-cellular and

      not reinforced, laminated,

      supported or similarly combined

      with other materials

      25%

      20%

      9.

      3921

      Other plates, sheet, film, foil and strip of plastics

      25%

      20%

      10.

      6401

      Waterproof Footwear with outer soles and Uppers of Rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes

      35%

      20%

      11.

      6402

      Other footwear with outer soles and uppers of rubber or plastics

      35%

      20%

      12.

      6403

      Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather

      35%

      20%

      13.

      6404

      Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials

      35%

      20%

      14.

      6405

      Other Footwear

      35%

      20%

      15.

      6802 10 00

      6802 21 10

      6802 21 20

      6802 21 90

      6802 23 10

      6802 23 90

      6802 29 00

      6802 91 00

      6802 92 00

      6802 93 00

      Worked monumental or building stone

      40%

      20%

      16.

      7113

      Articles of Jewellery and parts thereof

      25%

      20%

      17.

      7114

      Articles of goldsmiths’ and silversmiths’ ware’s and parts thereof

      25%

      20%

      18.

      7404 00 12 7404 00 19

      7404 00 22

      Copper Waste and Scrap

      2.5%

      Nil

      19.

      8002

      Tin Waste and Scrap

      5%

      Nil

      20.

      8101 97 00

      Tungsten Waste and Scrap

      5%

      Nil

      21.

      8102 97 00

      Molybdenum Waste and Scrap

      5%

      Nil

      22.

      8103 30 00

      Tantalum Waste and Scrap

      5%

      Nil

      23.

      8105 30 00

      Cobalt Waste and Scrap

      5%

      Nil

      24.

      8106 90 10

      Waste and Scrap of Bismuth and Bismuth alloys

      5%

      Nil

      25.

      8109 31 00, 8109 39 00

      Zirconium Waste and Scrap

      10%

      Nil

      26.

      8110 20 00

      Antimony Waste and Scrap

      2.5%

      Nil

      27.

      8112 13 00

      Beryllium Waste and Scrap

      5%

      Nil

      28.

      8112 41 20

      Rhenium Waste and Scrap

      10%

      Nil

      29.

      8112 61 00

      Cadmium Waste and Scrap

      5%

      Nil

      30.

      8541 42 00

      Solar Cells

      25%

      20%

      31.

      8541 43 00  8541 49 00

      Solar Module and Other semiconductor devices and photovoltaic cells

      40%

      20%

      32.

      8702

      Motor vehicles for transport of 10 or more persons

      40%

      20%

      33.

      8703

      Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702)

      125%

      70%

      34.

      8704

      Motor vehicles for transport of goods

      40%

      20%

      35.

      8711

      Motorcycles and cycles fitted with an auxiliary motor with or without side-car

      100%

      70%

      36.

      8712 00 10

      Bicycles

      35%

      20%

      37.

      8903

      Yachts and other vessels for pleasure or sports; rowing boats and canoes

      25%

      20%

      38.

      9028 30 10

      Electricity meters for alternating current (Smart meter)

      25%

      20%

      39.

      9401

      Seats (other than those of headings 9402), whether or not convertible into beds, and parts thereof

      25%

      20%

      40.

      9403

      Other furniture and parts thereof

      25%

      20%

      41.

      9404

      Mattress supports, articles of bedding and similar furnishing etc.

      25%

      20%

      42.

      9405

      Luminaries and lighting fittings including searchlights and spotlights and parts thereof etc.

      25%

      20%

      43.

      9503 00 91

      Parts of electronic toys

      70%

      20%

      44.

      9802 00 00

      Laboratory Chemicals

      150%

      70%

      45.

      9803 00 00

      All dutiable articles, imported by a passenger or a member of a crew in his baggage

      100%

      70%

      46.

      9804 00 00

      All dutiable goods imported for personal use.

      35%

      20%

      C.

      Tariff rate changes (without change in existing effective rate of duty) to be effective from 01.05.2025 unless otherwise specified [Clause 98 (b) of the Finance Bill, 2025]

      Rate of Duty

      S. No.

      Heading, sub- heading tariff item

      Commodity

      From

      To

      1.

      1520 00 00

      Glycerol Crude, glycerol waters, glycerol lye

      30%

      20%

      2.

      2603 00 00

      Copper Ores and concentrates

      2.5%

      Nil

      3.

      2605 00 00

      Cobalt Ores and concentrates

      2.5%

      Nil

      4.

      2609 00 00

      Tin Ores and concentrates

      2.5%

      Nil

      5.

      2611 00 00

      Tungsten Ores and concentrates

      2.5%

      Nil

      6.

      2613 00 00

      Molybdenum Ores and concentrates

      2.5%

      Nil

      7.

      2615 10 00

      Zirconium Ores and concentrates

      2.5%

      Nil

      8.

      2615 90 10

      Vanadium Ores and concentrates

      2.5%

      Nil

      9.

      2615 90 20

      Niobium or Tantalum Ores and concentrates

      2.5%

      Nil

      10.

      2617 10 00

      Antimony Ores and Concentrates

      2.5%

      Nil

      11.

      2711 12 00

      Liquefied Propane

      15%

      2.5%

      12.

      2711 13 00

      Liquefied Butane

      15%

      2.5%

      13.

      27 11 19 10

      LPG (for non-automotive purpose)

      15%

      5%

      14.

      2711 19 20

      LPG (for automotive purpose)

      15%

      5%

      15.

      2711 19 90

      Other liquified petroleum gas

      15%

      5%

      16.

      2809 20 10

      Phosphoric Acid

      20%

      7.5%

      17.

      2810 00 20

      Boric Acid

      27.5%

      7.5%

      18.

      3824 99 00

      Other – Prepared Binders, chemical products and preparations of chemical or allied industries

      17.5%

      7.5%

      19.

      7210 12 10

      OTS/MR type-flat rolled products of thickness less than 0.5 mm

      27.5%

      15%

      20.

      7210 12 90

      Other flat rolled products of thickness less than 0.5 mm

      27.5%

      15%

      21.

      7219 12 00

      Hot-rolled products in coils of thickness greater than or equal to 4.75 mm, but not exceeding 10 mm

      22.5%

      15%

      22.

      7219 13 00

      Hot-rolled products in coils of thickness greater than or equal to 3 mm but less than 4.75 mm

      22.5%

      15%

      23.

      7219 21 90

      Flat rolled products of stainless steel of width 600 mm or more - Other nickel chromium austenitic type

      22.5%

      15%

      24.

      7219 90 90

      Flat rolled products of stainless steel of width 600 mm or more - Other sheets and plates

      22.5%

      15%

      25.

      7225 11 00

      Flat-rolled products of other alloy steel - grain oriented, silicon electrical steel

      20%

      15%

      26.

      7307 29 00

      Other tube or pipe fittings of stainless steel

      25%

      15%

      27.

      7307 99 90

      Other fittings of iron or steel, non- galvanised

      25%

      15%

      28.

      7308 90 90

      Other structure and parts of structures of iron and steel

      25%

      15%

      29.

      7310 29 90

      Others-tanks and drums etc.

      25%

      15%

      30.

      7318 15 00

      Other screws and bolts whether or with nuts or washers

      25%

      15%

      31.

      7318 16 00

      Threaded nuts

      25%

      15%

      32.

      7318 29 90

      Other non-threaded articles

      25%

      15%

      33.

      7320 90 90

      Other springs and leaves of iron/steel

      25%

      15%

      34.

      7325 99 99

      Other cast articles of iron or steel

      25%

      15%

      35.

      7326 19 90

      Others - forged or stamped articles of iron or steel but not further worked

      25%

      15%

      36.

      7326 90 99

      Miscellaneous other articles of iron/steel

      25%

      15%

      37.

      8001

      Unwrought Tin

      5%

      Nil

      38.

      8101 94 00

      Unwrought tungsten, including bars and rods obtained simply by sintering

      5%

      Nil

      39.

      8102 94 00

      Unwrought molybdenum, including bars and rods obtained simply by sintering

      5%

      Nil

      40.

      8103 20

      Unwrought tantalum, including bars and rods obtained simply by sintering, powders

      5%

      Nil

      41.

      8105 20 20

      Cobalt, unwrought

      5%

      Nil

      42.

      8106 10 10

      Bismuth, unwrought

      5%

      Nil

      43.

      8109 21 00

      Unwrought zirconium, powders, containing less than 1 part hafnium to 500 parts zirconium by weight

      10%

      Nil

      44.

      8110 10 00

      Unwrought antimony, powders

      2.5%

      Nil

      45.

      8112 12 00

      Beryllium unwrought, powders

      5%

      Nil

      46.

      8112 31

      Hafnium unwrought, waste and scrap, powders

      10%

      Nil

      47.

      8112 41 10

      Rhenium unwrought

      10%

      Nil

      48.

      8112 69 10

      Cadmium unwrought, Powders

      5%

      Nil

      49.

      8112 69 20

      Cadmium, wrought

      5%

      Nil

       


      Full Text:

      Union Budget 2025-26 (Full) + Finance Bill, 2025

      Topics

      ActsIncome Tax