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    Electronic Communication (E-Service) of Show Cause Notices on the GST Portal: Limits of Validity and...
    Electronic Credit Ledger and Revenue Protection: A Strict Construction of Rule 86A under the CGST Re...
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    Case LawsGST
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    Electronic service of GST show cause notices must be in the prescribed portal location to ensure a real opportunity to be heard.
    Uploading an SCN only under a secondary portal compartment, rather than the primary prescribed location, does not constitute due communication; where an adverse decision is contemplated the Proper Officer must afford an opportunity of hearing, and defective electronic service that prevents participation vitiates the ensuing adjudication, permitting writ intervention to set aside and remit for proper notice and hearing.
    Case LawsGST
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    Electronic Credit Ledger blocking permitted only up to ITC actually available; negative balances and extra statutory recovery are impermissible.
    Rule 86A may be invoked only where input tax credit is actually available in the Electronic Credit Ledger at the time of the blocking order; the power permits disallowing debit equivalent to such available credit as a temporary preventive measure and does not authorize creation of negative ledger balances or serve as a recovery provision. Excess blocking beyond the ECL balance is ultra vires and recovery must proceed under the Act's substantive provisions.
    Case LawsIncome Tax
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    Search assessments under section 153A permit full reassessment for abated years but limit reopened completed years to incriminating search material.
    Section 153A's assessment power is search-linked: for abated years the AO may reassess total income afresh, but for completed/unabated years additions under section 153A are permissible only where specific incriminating material relating to that year is found during the search; absent such material, disturbance of a completed assessment must proceed, if at all, under sections 147-148 subject to their conditions.
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    Customs appeals: High Court writs are generally restrained where a statutory High Court remedy exists and limitation lapsed.
    Where a statute provides a remedy to the High Court itself, the High Court will ordinarily decline writ intervention under Article 226 to avoid bypassing the statutory machinery; a litigant who has by his own default allowed the statutory limitation for a reference or appeal to lapse cannot ordinarily rely on Article 226 to cure that lapse, and claims of tribunal non consideration demand clear, specific, verified pleadings.
    Case LawsGST
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    Share buybacks and GST: expenses tied to buybacks are not eligible for ITC, and common ITC must be reversed.
    The authority held that shares are "securities" excluded from "goods" and "services," but section 17(3) and the Chapter V rules treat "transactions in securities" as part of the "value of exempt supply" for ITC apportionment; therefore GST paid on expenses directly related to a share buyback is not eligible as ITC under section 16(1), and common ITC attributable to both taxable operations and the buyback must be reversed using the prescribed deeming values.
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    GST extended-period proceedings require show cause notices to allege and disclose fraud or wilful misstatement.
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    Transition of cess credits: abolished cess balances are dead credits, not eligible for GST transition or cash refunds.
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    Bank account freezes: limited temporary freezes permitted on reasonable suspicion, with strict notice, review and three month cap.
    A narrow implied power exists for banks to impose a temporary debit freeze without prior notice when there are reasonable grounds to suspect use of an account for money laundering or cyber fraud; this power must be exercised with same day communication to the accountholder, mandatory intimation to investigative authorities with proof, a one week window for accountholder explanation and bank decision, and a maximum three month continuation absent directions from competent authorities, after which the freeze must be lifted and access to the credit balance restored.
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    Section 143(2) notices not following CBDT formats invalidate ensuing scrutiny assessments; computer generation does not cure the defect.
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    Aircraft leases with no purchase option and retained lessor title remain operating leases, not interest-bearing financings.
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    Aircraft leasing: treaty text treats rental income as taxable in the lessor's residence when aircraft form part of international traffic.
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    Aircraft leasing: MLI PPT not applicable without section 90(1) notification; operating leases and Article 8(1) allocate rental tax to Ireland.
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    E-way bill expiry alone cannot prove intent to evade tax; penalties require material indicating actual evasion.
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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