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    Expanding Trade Horizons: The 2023 Amendment to SEZ Rules for Gem and Jewellery Units
    The Significance of Signature: A Landmark Decision on GST Assessment Orders
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Notifications SEZ
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Sourcing of precious metals allowed free from foreign buyers for direct export to the same buyer, easing operations.
The amendment permits gem and jewellery units in SEZs to obtain gold, silver or platinum free of charge from foreign buyers for export to the same foreign buyer, supplementing purchase and loan options and operating within the SEZ exemption framework. This condition ties the benefit to export activity and reduces dependency on loan arrangements, thereby improving cash flow and operational efficiency for export transactions involving precious metals.
Case Laws GST
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Validity of unsigned orders cannot be cured by general defect provisions, requiring signed assessment orders for enforcement.
An unsigned assessment order is legally deficient because absence of a signature is a fundamental omission that cannot be cured by general validation provisions; provisions addressing validation of defects and service of notice do not excuse lack of authentication. Additionally, orders should not be based on grounds different from those in the show cause notice, as that undermines the taxpayer's right to a fair hearing.
Case Laws Income Tax
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Cross examination rights in tax proceedings protect taxpayers when third party seized evidence is used against them.
The core issue is whether reliance on third party seized documents and an employee's statement to attribute unaccounted interest to the assessee was permissible without permitting cross examination or testing a retraction affidavit. Denial of the opportunity to confront the declarant engages principles of natural justice, and indirect evidence requires direct inquiry and corroboration before adverse tax findings can be sustained.
Circulars Income Tax
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Processing of e-filed refund claims extended, allowing administrative approval for delayed non-scrutiny returns to secure refunds.
Processing of electronically filed income-tax returns with refund claims may be completed beyond prescribed time limits for non-scrutiny cases where technical problems or other non-fault causes delayed processing. Assessing officers may process such returns only after prior approval from higher tax authorities; technical support and supervisory monitoring will be provided. The relaxation excludes returns under scrutiny, returns showing or likely to show a payable demand, and returns unprocessed due to taxpayer fault.
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Track and Trace system extended to give exporters time to implement parent child packaging tracing and Central Portal uploads.
The DGFT extended the implementation deadline for the Track and Trace system for pharmaceutical exports, requiring maintenance and upload of Parent-Child packaging relationships to the Central Portal. The extension applies to both SSI and non SSI manufacturers and amends Para 2.90A of the Handbook of Procedure to consolidate prior notices and procedural requirements for recording packaging hierarchies and supply chain movements.
Notifications Companies Law
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Centralized e-form processing established to streamline company filings while preserving local Registrar jurisdiction.
Establishment of a Central Processing Centre at the Indian Institute of Corporate Affairs, IMT Manesar, centralizes processing and disposal of company e-forms and related fees under the Companies (Registration of Offices and Fees) Rules, 2014, with nationwide competence, while preserving the Registrar of Companies' jurisdiction over all other matters under the Companies Act and its rules.
Circulars Customs
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Export obligation monitoring: compliance mechanisms and enforcement for EPCG and Advance Authorization beneficiaries clarified.
An Export Obligation Monitoring Cell will oversee fulfilment under EPCG and Advance Authorization schemes; installation certificates and timelines apply, with random verification of authenticity. The SOP mandates notices to defaulters, DGFT coordination, bond or guarantee execution, penalties, and proportional duty with interest for non-fulfilment, and permits extensions or self-payment in bonafide default cases while stakeholders may report implementation issues to the Principal Commissioner of Customs.
Circulars IBC
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Professional services by insolvency professionals may be provided under approved resolution plans, with billing permitted in professional or entity name.
The circular permits Insolvency Professionals to render services tied to implementation of approved resolution plans only if those services are specified in the resolution plan, and confirms invoices for services may be issued in the name of the individual professional, the Insolvency Professional Entity, or the firm where the professional is a partner, subject to compliance with the Code of Conduct.
Notifications Income Tax
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Electronic filing requirements expanded: audit liable taxpayers must file digitally; senior taxpayers retain flexible filing options.
Rule 12 amendments require electronic filing for individuals and HUFs subject to audit under section 44AB, permitting filing via digital signature or electronic verification. For other taxpayers the permitted modes are digital signature, electronic transmission with verification code, or electronic filing followed by submission of Form ITR-V. Senior taxpayers are afforded additional flexibility: specified forms may be filed with digital signature, electronically with verification code, electronically with subsequent ITR-V submission, or on paper. The notification also substitutes ITR-1, ITR-3 and ITR-5.
Act Rules GST
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ISD expansion in GST: ISDs now cover reverse charge invoices and mandatory credit distribution for distinct persons.
Amendments expand the scope of the Input Service Distributor to include invoices for services subject to the reverse charge mechanism and to cover invoices received "for or on behalf of" distinct persons, making such offices liable to register as ISDs and to distribute input tax credit in the prescribed manner; truly common head office services may remain subject to cross charge rather than ISD distribution.
Case Laws Indian Laws
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Presumption in cheque bounce cases shifts burden to accused to rebut claim of legally enforceable debt.
The complainant must prove issuance, presentation and dishonour of the cheque to trigger the presumption under Section 139, after which the burden shifts to the accused to rebut by proving absence of a legally enforceable debt; conflicting statements and lack of substantive evidence undermine rebuttal and sustain the presumption.
Case Laws Indian Laws
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Vicarious liability under the Negotiable Instruments Act requires specific averments of authority and responsibility; absence undermines the complaint.
Applicability of vicarious liability in cheque bounce offences under the Negotiable Instruments framework turns on whether the complaint pleads that the accused was in charge of and responsible for the conduct of the firm's business when the offence occurred; resignation is a matter of evidence and allegations of partnership alone are insufficient without specific averments of authority and responsibility.
Case Laws Income Tax
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Incomplete assessment communication can delay the start of the limitation period for appeals when essential contents are not disclosed.
Incomplete ITBA order uploads do not void an assessment but may postpone the commencement of the limitation period for appeals because knowledge of decision requires understanding the essential contents; defective communication can justify extension of time even though the assessment's substantive validity remains unaffected.
Case Laws Income Tax
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Charitable status preserved where incidental surplus, trustee payments, or deed amendments further educational objectives without private benefit.
The Court analysed whether surplus generation, fee policies, deed amendments, and payments to trustees removed an educational trust's charitable purpose. It held that incidental surplus and deed changes furthering objectives do not automatically negate charitable character, and payments for genuine services do not necessarily amount to private benefit. Cancellation of registration requires proof of lack of genuineness or objective deviation; mere shortcomings or commercial elements aimed at sustainability are insufficient.
Case Laws Income Tax
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Alteration of objects: failure to notify tax authority can jeopardise a society's registered status under section 12A.
A material amendment of a registered society's objects, coupled with failure to intimate the Commissioner under rule 17B and Form No.10A, undermines the basis of registration under Section 12A; Section 12AA(3) addresses activities inconsistent with objects, whereas fundamental change in the objects themselves requires statutory intimation to preserve the original registration.
Case Laws Income Tax
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Residential status determination can shift tax assessment jurisdiction when overseas activities do not qualify as employment.
The Tribunal examined whether the appellant's overseas activities constituted employment for residential-status purposes, applying ejusdem generis and noscitur a sociis to conclude they did not. Consequently, the officer of international taxation's assumption of jurisdiction based on non resident status was improper once residential status was contested; the file should have been transferred to the territorially competent assessing officer or an authorised officer. An assessment conducted without such lawful jurisdiction was characterised as legally defective and without effect.
Case Laws Income Tax
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Genuineness of gifts requires proof of donor identity and capacity, otherwise taxability follows under assessment rules.
The High Court examined taxation of receipts treated as gifts, stressing that the assessee must prove the genuineness of gifts by establishing donor identity and the donors' capacity and creditworthiness; acceptance by lower authorities does not relieve the recipient of the burden of proof, and inadequate documentary corroboration justifies reassessment where donations are doubtful.
Case Laws Income Tax
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Advance rent characterization alters TDS obligations under Section 194-I, requiring payers to deduct tax at source.
Payments labelled as a security deposit that are contractually reduced and adjusted against periodic rent payments are treated as advance rent rather than refundable security, and thus constitute rent for TDS purposes, obliging the payer to deduct tax at source under the statutory withholding framework.
Case Laws GST
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Non-monetary consideration: free diesel treated as part of taxable value for GTA services under GST implications.
Whether diesel supplied free of cost by a service recipient constitutes consideration for GST valuation of Goods Transport Agency services is examined, with the analysis concluding that non-monetary benefits provided by recipients may be added to the taxable value and that contractual allocation of free supplies does not displace the statutory valuation framework.
Case Laws Income Tax
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Draft assessment procedure required under law: omission invalidates assessment proceedings and denies assessee DRP objection rights.
Section 144C mandates a non-obstante, mandatory draft assessment procedure for eligible assessees, requiring issuance of a draft order, opportunity to file objections, and consideration by a three-member Dispute Resolution Panel. A foreign entity qualifying as an eligible assessee must be afforded this process; failure to issue the draft order is a substantive lapse that deprives the assessee of the DRP forum and engenders jurisdictional infirmity in any consequent final assessment, demand, or penalty. Revisionary powers do not obviate the Section 144C mandate.

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The Legal Transformation of Return Filing : Clause 263(2)(a) of the Income Tax Bill, 2025 Vs. Section 139C of the Income-tax Act, 1961

6 June, 2025

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Return filing modernization enables rulemaking for electronic forms, verification, and document on demand in a risk based regime.
Clause 263(2)(a) empowers the Board to prescribe the form, manner, verification and electronic transmission of returns, to specify which supporting ... Summary

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Acts Income Tax