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    Case LawsIncome Tax
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    Case LawsIncome Tax
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    TDS credit entitlement affirmed: deductee entitled to credit despite deductor's non-deposit, preventing indirect recovery.
    Credit for tax deducted at source on interest payments is to be treated as tax paid on the deductee's behalf and does not depend on the deductor's remittance; statutory protections against indirect recovery prevent the revenue from seeking the same tax from the deductee when the deductor fails to deposit the deducted amount, and the deposit requirement in the applicable provisions does not negate the deductee's entitlement to such credit.
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    Tax credit for TDS: deductee entitled to credit even if deductor failed to deposit the retained tax with government.
    The Court treats amounts retained by a deductor as remaining tax and concludes the statutory credit mechanism for tax deducted at source does not condition a deductee's entitlement on the deductor having deposited the retained amount with the government, thereby barring indirect recovery or adjustment against the deductee where tax has been deducted at source.
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    Coercive tax collection prohibited; forced reversal of input tax credit during search deemed impermissible, with investigatory remedies preserved.
    Dispute involved a search under Section 67 and an alleged coerced reversal of Input Tax Credit from the petitioner's Electronic Credit Ledger for supplies from a supplier with retrospectively cancelled registration; the court found such coercive recovery during search impermissible and directed restoration of the ITC while preserving the department's power to investigate and, if ineligible or fraudulent ITC is found, pass appropriate protective orders.
    Case LawsGST
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    Pre-deposit payment method: Electronic credit ledger debit does not satisfy pre-deposit; cash ledger payment required for appeals.
    Pre-deposit for appeals under the CGST/BGST regime must be paid from the cash ledger; debit from the electronic credit ledger does not satisfy the statutory pre-deposit requirement. A revenue circular restricting ECRL use to certain output tax payments and excluding reverse charge, interest, penalties, fees, and similar amounts supports that ECRL cannot be used for pre-deposit. The court emphasized the statutory payment scheme and strict appeal filing timelines, rejecting arguments that ECRL debit could substitute for cash ledger payment.
    Case LawsGST
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    Requirement of clear reasons in GST cancellation: retrospective deregistration must be reasoned and consider input tax credit effects.
    Cancellation of GST registration must be supported by clear reasons and concrete factual findings in show cause notices and cancellation orders; labels that a registration is "liable to be cancelled" without specifying dues or factual basis constitute mechanical action. Retrospective cancellation cannot be applied routinely; authorities must follow statutory procedure, assess causes for non-filing, consider exceptional disruptions to business operations, and account for the impact on input tax credit before fixing an effective date of cancellation.
    Case LawsIncome Tax
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    Use of portal data: digital information needs a direct evidential link before reopening income tax assessments.
    Reopening assessments requires a direct evidential link between portal-derived information and the income alleged to have escaped assessment; portal data alone is insufficient without documentary support for transactions or gifts, and a show cause notice must provide adequate particulars and reflect proper consideration of the taxpayer's response before reassessment proceeds.
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    Non retrospective application of punitive benami provisions affirmed, limiting enforcement to post amendment transactions.
    Application of Section 5 of the Benami Transactions (Prohibition) Amendment Act, 2016 concerns whether punitive provisions enacted in 2016 apply to transactions predating the amendment. The Appellate Tribunal relied on Supreme Court precedent that such punitive provisions must be applied prospectively, and the High Court emphasized adherence to that interpretation while allowing parties to pursue further remedies pending the Supreme Court review.
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    Provisional release of perishable imports allowed pending valuation, subject to provisional assessment and bond to protect revenue interests.
    The dispute concerns provisional release of perishable imported apples amid a valuation contest tied to a stayed minimum import price notification. The instrument requires provisional assessment of the Bill of Entry within a brief timeframe and permits conditional provisional release upon the importer furnishing a bond and meeting terms set by customs, thereby reconciling the protection of revenue interests with the practical need to avoid loss to perishable consignments pending final resolution of the notification's applicability.
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    Prospective application of punitive benami amendment upheld, limiting reach to post-enactment transactions and preserving pre-enactment protections.
    The Madras High Court affirmed that the enhanced punitive provision introduced by the Benami Transactions (Prohibition) Amendment Act, 2016 is substantive and applies prospectively; it endorsed the Tribunal's reliance on the Supreme Court's Ganapati Dealcom decision, treated a pending Supreme Court review petition as not displacing that precedent, and disposed of the appeals while allowing further proceedings consistent with prospectivity and prior constitutional findings.
    Case LawsIncome Tax
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    Disallowance of expenses must rest on specific documentation defects, not on blanket percentage adjustments.
    Disallowance of business expenses on a summary or estimate basis requires specific, pointed deficiencies and cannot rest on generalized conclusions about excessiveness; in businesses with routine small transactions, tax authorities must examine the nature of operations and identify particular defects in documentation before applying blanket percentage disallowances.
    Case LawsIncome Tax
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    Statutory Minimum Price interpretation: excess cane payments treated as appropriation of profits, not deductible business expense.
    The core issue is whether payments for sugarcane in excess of the Statutory Minimum Price (SMP) are deductible business expenditures or constitute an appropriation of profits. The Assessing Officer relied on standard accounting practice requiring provisions for liabilities at year end and treated post closing excess payments as distributions of operational surplus. The appellate view upheld that cooperative status does not alter the tax analysis and that payments beyond the SMP do not qualify as allowable business expenses absent proper provisioning within the accounting period.
    Case LawsIncome Tax
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    Direct incriminating evidence requirement: third party search materials alone cannot sustain unexplained investment additions.
    Additions alleged as unexplained investments and undisclosed interest income based on third party search materials require a demonstrable direct nexus between those seized records and the assessee; absent such direct incriminating evidence, reliance on third party statements or documents is insufficient. Procedural safeguards and transactional indicia-such as cross examination opportunities, banking records, documentary support, and TDS-reduce the probative value of seized material when direct linkage is lacking.
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    Extended limitation in customs demands inapplicable where no suppression, limiting reassessment for CVD on undeclared MRP entries.
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    Operational debt classification confirmed for supplier's claim based on the transaction's nature under the insolvency framework.
    Whether a claim from a supply arrangement is a Financial Debt or an Operational Debt depends on the transaction's substantive character. The tribunal examined contractual terms-penalties for non-delivery, interest, and security cheques-and applied precedents on the financial-versus-operational distinction. It characterised the supplier's claim, filed under Section 9, as arising from the supply of goods and therefore as an operational debt, sustaining the Resolution Professional's and Adjudicating Authority's classification.
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    Commercial wisdom of committee of creditors governs resolution plan approval, limiting valuation and standing challenges by promoters.
    Exclusion of the creditor was non irregular as no claim was filed; undervaluation allegations were rejected since opportunities to raise them during the CIRP were not used; the resolution plan satisfied Committee approval requirements and reflected the Committee's commercial wisdom; and a suspended director/promoter lacked standing to challenge the approved plan, underscoring limited judicial interference post approval.
    Case LawsGST
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    Input tax credit denial over supplier deregistration; remanded for document verification and fresh adjudication to determine genuineness.
    Denial of Input Tax Credit was challenged where the supplier's registration was retrospectively cancelled; the petitioner paid through bank and the supplier appeared on records at the time. The High Court remanded the matter for fresh adjudication, directing the appellate authority to reconsider the petitioner's documentary evidence, hold a hearing, and pass a reasoned order verifying genuineness and timing of transactions; if purchases are genuine and occurred prior to cancellation, ITC is to be considered per precedent.
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    Input Tax Credit as legislative concession: entitlement subject to statutory conditions, but retrospective deprivation of vested accruals is vulnerable.
    Input Tax Credit (ITC) is a legislative concession, not a vested right, so the legislature may lawfully prescribe eligibility conditions and procedural limits which taxpayers must strictly satisfy; however, retrospective amendments that destroy or diminish an already accrued entitlement are susceptible to challenge and have been treated as impermissible when they impair rights that vested before the amendment.

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      AMENDMENTS TO THE CUSTOMS TARIFF ACT, 1975

      1 February, 2026

      Contents
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      Union Budget 2026-27 - Finance Bill, 2026

      (a) The First Schedule to the Customs Tariff Act, 1975 is proposed to be amended to carry out changes as under-

      A.

      Modification in Tariff rate (to be effective from 02.02.2026) * [Clause 136(a) of the Finance Bill, 2026]

      *Will come into effect immediately through a declaration under the Provisional Collection of Taxes Act, 2023

      Rate of Basic Customs Duty

      S. No.

      Heading, sub-heading, tariff item

      Commodity

      From (per cent)

      To (per cent)

      MSME sector

      1.

      6601 91 00,

      6601 99 00

      Umbrellas (other than garden umbrellas)

      20%

      20% or Rs. 60 per piece, whichever is higher

      2.

      6603 20 00, 6603 90 10, 6603 90 90

      Parts, trimmings and accessories of articles of heading 6601 to 6602

      10%

      10% or Rs. 25 per kg., whichever is higher

      B.

      Decrease in Tariff rate (to be effective from 01.04.2026) [Clause 136(b) of the Finance Bill, 2026]

      Rate of Basic Customs Duty

      1.

      9804

      All dutiable goods, imported for personal use

      20%

      10%

      C.

      Tariff rate changes (without any change in effective rate of duty) [to be effective from 01.05.2026, unless otherwise specified] * [Clause 136(c) of the Finance Bill, 2026]

      *Note:

      1. The current applied rate of Basic Customs Duty on these commodities operate through their respective exemption/concessional duty notification(s). Such corresponding entries would be omitted from the concerned notification(s) with effect from 01.05.2026, as the same would operate through the Customs Tariff Act, 1975, in the manner as detailed below. It is an exercise for simplification of the Customs tariff structure and applicable Basic Customs Duty rate on these items would remain unchanged.

      2. Heading and sub-heading referred in column (2) shall include all tariff items under such heading or sub- heading.

      3. The said changes are to be read with consequent amendments related to Social Welfare Surcharge (SWS) and Agriculture Infrastructure and Development Cess (AIDC).

      Rate of Duty

      S. No.

      Heading, sub-heading tariff item

      Commodity

      From

      To

      (1)

      (2)

      (3)

      (4)

      (5)

      1.

      0207 25 00, 0207 27 00

      Meat and edible offal of turkeys, frozen

      30%

      5%

      2.

      0306 36 60

      Artemia

      5%

      Nil

      3.

      0511 91 40

      Artemia cysts

      5%

      Nil

      4.

      0802 11 00

      Almonds, in shell

      Rs.42 per kg

      Rs.35 per kg

      5.

      0802 12 00

      Almonds, shelled

      Rs.120 per kg

      Rs. 100 per kg

      6.

      0802 31 00

      Walnuts, in shell

      120%

      100%

      7.

      1209 (other than those falling under sub headings 1209 91 and 1209 99)

      Seeds, fruit and spores, of a kind used for sowing

      30%

      15%

      8.

      1505

      Wool grease and fatty substances derived therefrom (including lanolin)

      30%

      15%

      9.

      2008 19 21, 2008 19 22, 2008 19 29, 2008 19 91

      Makhana, other roasted nuts and seeds

      150%

      30%

      10.

      2008 19 92

      Other nuts, otherwise prepared or preserved

      150%

      30%

      11.

      2309 90 31

      Prawn and shrimps feed

      15%

      5%

      12.

      2504

      Natural graphite

      5%

      2.5%

      13.

      2505

      Natural sands of all kinds, whether or not coloured, other than metal bearing sands of chapter 26 of the Customs Tariff Act, 1975

      5%

      Nil

      14.

      2506

      Quartz (other than natural sands); quartzite, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape

      5%

      2.5%

      15.

      2530 90 91

      Strontium sulphate (natural ore)

      5%

      Nil

      16.

      2701, 2702, 2703

      Coal; briquettes, ovoids and similar solid fuels manufactured from coal; Lignite, whether or not agglomerated, excluding jet; Peat (including peat litter), whether or not agglomerated

      5%

      2.5%

      17.

      2709 00 10

      Petroleum crude

      5%

      Re 1 per tonne

      18.

      2804 50 20

      Tellurium

      5%

      Nil

      19.

      2804 61 00

      Silicon, containing by weight not less than 99.99% of silicon

      5%

      Nil

      20.

      2804 69 00

      Silicon, other

      5%

      Nil

      21.

      2804 90 00

      Selenium

      5%

      Nil

      22.

      2805 30 00

      Rare-earth metals, scandium and yttrium, whether or not intermixed or inter alloyed

      5%

      Nil

      23.

      2809 20 10

      Phosphoric Acid

      7.5%

      5%

      24.

      2811 22 00

      Silicon dioxide

      7.5%

      2.5%

      25.

      2816 40 00

      Oxides, hydroxides and peroxides, of strontium or barium

      7.5%

      Nil

      26.

      2822 00 10

      Cobalt oxides

      7.5%

      Nil

      27.

      2822 00 20

      Cobalt hydroxides

      7.5%

      Nil

      28.

      2822 00 30

      Commercial cobalt oxides

      7.5%

      Nil

      29.

      2825 20 00

      Lithium oxide and hydroxide

      7.5%

      Nil

      30.

      2825 30

      Vanadium oxides and hydroxides

      7.5%

      Nil

      31.

      2825 60 10

      Germanium oxides

      7.5%

      Nil

      32.

      2825 70

      Molybdenum oxides and hydroxides

      7.5%

      Nil

      33.

      2825 80 00

      Antimony Oxides

      7.5%

      Nil

      34.

      2825 90 20

      Cadmium oxide

      7.5%

      Nil

      35.

      2827 35 00

      Chlorides of Nickel

      7.5%

      Nil

      36.

      2827 39 30

      Strontium chloride

      7.5%

      Nil

      37.

      2833 24 00

      Sulphates of Nickel

      7.5%

      Nil

      38.

      2834 21 00

      Nitrates of potassium

      7.5%

      Nil

      39.

      2836 91 00

      Lithium carbonates

      7.5%

      Nil

      40.

      2836 92 00

      Strontium carbonate

      7.5%

      Nil

      41.

      2910 20 00

      Methyloxirane (propylene oxide)

      5%

      2.5%

      42.

      2918 15 30

      Bismuth citrate

      7.5%

      Nil

      43.

      3102 30 00

      Ammonium nitrate, whether or not in aqueous solution

      10%

      5%

      44.

      3801

      Artificial Graphite; colloidal or semi-colloidal graphite; preparations based on graphite or other carbon in form of pastes, blocks, plates or other semi- manufactures

      7.5%

      2.5%

      45.

      3808 93 30

      Gibberellic acid

      10%

      5%

      46.

      3904

      Polymers of vinyl chloride or of other halogenated olefins, in primary forms

      10%

      7.5%

      47.

      4906

      Plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, being originals drawn by hand; hand-written texts; photographic reproductions on sensitised paper and carbon copies of the foregoing

      10%

      Nil

      48.

      5201 00 25

      Other cotton of staple length exceeding 32.0 mm

      5%

      Nil

      49.

      7202 60 00

      Ferro-nickel

      2.5%

      Nil

      50.

      7402 00 10

      Blister copper

      5%

      Nil

      51.

      7802

      Lead waste and scrap

      5%

      Nil

      52.

      7902

      Zinc waste and scrap

      5%

      Nil

      53.

      8105 20 30

      Cobalt powders

      5%

      Nil

      54.

      8419 89 12, 8419 89 13, 8419 89 14, 8419 89 15, 8419 89 16, 8419 89 17, 8419 89 19

      Reactors, columns or towers or chemical storage tanks

      10%

      7.5%

      NEW TARIFF LINES HAVE BEEN CREATED

      S. No.

      Chapter/ heading/sub- heading/tariff item mentioned in notification

      Commodity

      New tariff item being created w.e.f. 01.05.2026

      Rate of duty

      (1)

      (2)

      (3)

      (4)

      (5)

      55.

      0306 19 00

      Krill, frozen

      0306 19 10

      15%

      56.

      0802 99 00

      Pecan Nuts

      0802 99 10

      30%

      57.

      0810 40 00

      Cranberries, fresh

      0810 40 10

      10%

      58.

      0810 40 00

      Blueberries, fresh

      0810 40 20

      10%

      59.

      0811 90

      Cranberries, frozen

      0811 90 11 0811 90 91

      10%

      60.

      0811 90

      Blueberries, frozen

      0811 90 12 0811 90 92

      10%

      61.

      0813 40 90

      Cranberries, dried

      0813 40 30

      10%

      62.

      0813 40 90

      Blueberries, dried

      0813 40 40

      10%

      63.

      1207 99 90

      Shea Nuts

      1207 99 50

      15%

      64.

      2008 93 00

      Cranberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

      2008 93 10

      5%

      65.

      2008 99

      Blueberries, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included

      2008 99 15

      10%

      66.

      2106 90

      Other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

      2106 90 (other than 2106 90 51)

      50%

      67.

      2202 99

      Cranberry products

      2202 99 21, 2202 99 31, 2202 99 91

      10%

      68.

      2529 22 00

      Acid grade fluorspar containing by weight more than 97% of calcium fluoride

      2529 22 10

      2.5%

      69.

      2615 90

      Hafnium ores and concentrates

      2615 10 10

      Nil

      70.

      2841

      Ammonium metavanadate

      2841 90 10

      2.5%

      71.

      29

      Gibberellic acid

      2932 20 40

      5%

      72.

      29

      Triethyl orthoformate

      2915 90 96

      5%

      73.

      29

      Diethyl malonate

      2917 19 22

      5%

      74.

      29

      DL-2 Aminobutanol

      2922 19 30

      5%

      75.

      29

      Aceto butyrolactone

      2932 20 50

      5%

      76.

      29

      Artemisinin

      2932 99 30

      5%

      77.

      29

      Thymidine

      2934 99 50

      5%

      78.

      3302 10

      Mixtures of odoriferous substances of a kind used in food or drink industries other than compound alcoholic preparations of a kind used for manufacture of beverages, of an alcoholic strength by volume exceeding 0.5% vol., determined at 20 degrees centigrade

      3302 10 19, 3302 10 99

      10%

      79.

      4104 11 00, 4104 19 00, 4105 10 00, 4106 21 00, 4106 31 00, 4106 91 00

      Wet blue leather (hides and skin)

      4104 11 10, 4104 19 10, 4105 10 10, 4106 21 10, 4106 31 10, 4106 91 10

      Nil

      80.

      4702

      Rayon grade wood pulp

      4702 00 10

      2.5%

      81.

      4823 90 90

      All goods other than kites

      4823 90 90 (kites fall under new tariff item 4823 90 40)

      10%

      82.

      8101 99 90

      Tungsten (wolfram) bars and rods, other than those obtained simply by sintering, profiles, plates, sheets, strip and foil

      8101 99 20

      5%

      83.

      8415 90 00

      All goods other than indoor or outdoor units of split-system air conditioner

      8415 90 90

      10%

      84.

      8421 99 00

      All goods other than Reverse Osmosis (RO) membrane element for household type filters

      8421 99 90

      7.5%

      85.

      8507 90

      Battery separators

      8507 90 20

      5%

      86.

      8529 10 99, 8529 90 90

      Parts suitable for use solely or principally with the apparatus of headings 8525, 8526 or 8527

      8529 10 93, 8529 90 30

      10%

      87.

      8609 00 00

      Refrigerated containers

      8609 00 10

      5%

      (b) In addition to the above, the First Schedule to the Customs Tariff Act, 1975 has also been amended to create new tariff items which will, inter-alia, help in better product identification; getting actual transaction data of precursor chemicals and help in their effective monitoring; facilitating, tracking exports and deciding policy measures for plant-based extract products. These changes will be effective from 1.05.2026, unless otherwise specified.

       


      Full Text:

      Union Budget 2026-27 - Finance Bill, 2026

      Topics

      ActsIncome Tax