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    Case Laws Income Tax
    Retrenchment Compensation under Section 10(10B) and Leave Encashment Exemption under Section 10(10AA...
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    Renewal of Registration under Section 12AB for Charitable Hospitals Engaged in Medical Relief: Retro...
    Contractual Reimbursement of Incremental GST on Works Contracts and the Statutory-Contractual Divide
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Case Laws Income Tax
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Substance-over-form treatment of VRS compensation can place retrenchment-linked payments within the distinct full-exemption framework for approved workforce reduction schemes.
Tax treatment of VRS-labelled separation payments depends on their substantive character. Payments connected with Government-supported workforce restructuring may qualify as retrenchment compensation under section 10(10B), rather than as voluntary-retirement compensation under section 10(10C), where the special-protection requirements are satisfied. Leave encashment must be examined separately under section 10(10AA), according to employee status and the applicable conditions or notified limit. Settlement components should be segregated and supported by scheme documents, approvals, computations, and tax records.
Case Laws Income Tax
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Charitable hospital renewal depends on genuine medical relief, charitable application of income, and material regulatory compliance.
Renewal of section 12AB registration for a charitable hospital depends on genuine activities in furtherance of medical relief, application of income and assets to charitable objects, and compliance with other laws only where material to those objects. Receipts, premium facilities, tariff differentials, sophisticated infrastructure and professional management do not alone negate charitable status. Other-law non-compliance requires attention to the specified-violation framework and competent regulatory determinations. Retrospective cancellation is distinct from refusing renewal and requires an independent statutory and factual foundation, with reasonable opportunity of hearing.
Case Laws GST
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Contractual GST reimbursement in works contracts depends on tax-risk clauses and cannot alter statutory compliance obligations.
GST liability for a works contractor is governed by statute, while reimbursement of incremental GST from an employer depends on the contract's allocation of tax risk. An inclusive-tax clause must be read with change-in-law, price-adjustment, tender and amendment terms. Contract-wise reconciliation of pre-transition and post-transition work may support a supplementary agreement and revised GST-inclusive value where contractual entitlement exists. It cannot alter statutory valuation, return, limitation, interest or penalty requirements, which remain governed by GST law.
Case Laws Customs
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Sufficient cause for delayed supplementary Bills of Entry requires a reasoned waiver assessment, not automatic system-generated late charges.
Late-presentation charges under Section 46(3) require the proper officer to be satisfied that no sufficient cause existed for delayed filing. Regulation 4(3) prescribes the late-charge framework and permits waiver where the reasons for delay are satisfactory. A delayed supplementary Bill of Entry for excess cargo is not automatically liable or automatically exempt; the assessment depends on timely original filing, linkage of the excess cargo to the same consignment, prompt amendment efforts, absence of importer fault, bona fides and duty compliance. Electronic calculation cannot substitute for a reasoned determination on sufficient cause.
Case Laws GST
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Territorial GST jurisdiction limits detention and confiscation of inter-State consignments when the intercepting State lacks fiscal nexus.
Physical presence of goods in an intermediate State therefore does not alone create authority to detain, seize, penalise or confiscate. Cross-empowerment is functional and taxpayer-linked, preserving the single-interface administrative structure without creating geographically unlimited enforcement power. Where verification establishes that both origin and destination lie outside the intercepting State, the officer may verify documents, identify and record apparent discrepancies, and communicate them to the proper officers of the consignor and consignee, but lacks coercive jurisdiction over a pure transit supply.
Case Laws GST
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Consolidated GST show cause notices may cover multiple financial years, while each demand component remains independently subject to limitation.
Sections 73 and 74 do not expressly bar a common show cause notice covering multiple tax periods or financial years. The expressions "for any period" and "such periods" support consolidation, while financial-year references in the limitation provisions govern the deadline for adjudication orders rather than the scope of notice issuance. Each component demand must independently satisfy applicable limitation requirements. Section 74 requires disclosed material supporting fraud, wilful misstatement, or suppression of facts to evade tax; its extended limitation is not automatic.
Case Laws GST
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Supplier tax payment remains a substantive input tax credit condition, requiring reversal and allowing re-availment after compliance.
Section 16(2)(c) of the CGST Act makes actual payment of tax to the Government a substantive condition for input tax credit. The conditions under Section 16(2) operate cumulatively, and invoice reflection, receipt of supplies, or supplier return filing do not independently establish tax payment. Section 41 requires reversal of credit where the supplier has not paid tax, with re-availment allowed after payment. Rule 37A prescribes reversal and re-availment where the supplier fails to furnish the corresponding GSTR-3B within the prescribed period.
Case Laws GST
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GST valuation of stake-based gaming treats committed stakes as consideration for taxable actionable claims, irrespective of skill.
GST on stake-based gaming applies to the supply of actionable claims where money or money's worth is committed to an uncertain outcome in an organised betting or gambling arrangement. Skill in the underlying game does not remove the stake-based character of the transaction. Participants acquire contingent beneficial interests in pooled movable property, and committed stakes become consideration for participation. The platform is the supplier where it controls pooling, participation, gameplay and payouts. Gross stake valuation applies unless a statutory deduction is authorised, with specialised valuation mechanisms governing online gaming and casinos.
Case Laws GST
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Extended GST limitation requires disclosed prima facie material linking tax shortfall to fraud, wilful misstatement, or suppression.
Section 74 permits extended GST limitation only where available material supports a rational prima facie view that a tax shortfall, erroneous refund or wrongful credit arose by reason of fraud, wilful misstatement or suppression of facts to evade tax. Final proof is not required at initiation, but suspicion or bare statutory labels are insufficient. Prior scrutiny, audit, inspection or pre-notice communications may provide the factual foundation if actually communicated and linked to the notice. The notice and final order must preserve fair opportunity, disclose the material basis, and remain within the grounds stated.
Case Laws GST
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Complete assignment of industrial leasehold rights can fall outside GST when it transfers the entire proprietary estate.
A complete assignment of an industrial lessee's entire leasehold interest, together with the building on the plot, is distinguished from leasing, renting, or sub-leasing. Where the assignor retains no reversionary interest or continuing right to earn rent, the consideration is for transfer of proprietary rights constituting benefits arising out of land. Schedule II classification of an original lease as a service does not govern the subsequent absolute assignment. Section 7(2), read with Schedule III, excludes a qualifying transfer of immovable-property benefits from the scope of supply.
Case Laws GST
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Common Portal service requires effective access to complete GST notices and orders, preserving hearing rights and appellate limitation.
GST service through the Common Portal is an express statutory mode, but portal availability must be distinguished from effective service of an adjudicatory communication. Rule 142 preserves the distinction between a substantive show cause notice or order and its electronic summary in FORM GST DRC-01 or DRC-07. Electronic summaries do not, without more, demonstrate communication of complete allegations, grounds, facts and reasons. Portal-based service must be assessed by statutory compliance, accessibility of the complete communication, and the taxpayer's real opportunity to respond, particularly where appellate limitation is involved.
News GST
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E-way bill compliance strengthens traceability through Ship-To GSTIN capture, voluntary closure, and disciplined transit controls.
Rule 138 and Rule 138A require pre-movement e-way bill generation, carriage of the prescribed invoice or challan documents, and distance-based validity, with cancellation confined to cases where goods are not transported as declared. The portal advisory adds mandatory Ship-To GSTIN capture in Bill-To/Ship-To transactions and a voluntary post-delivery closure facility, while circular guidance treats transporter godowns as an additional place of business when declared by the recipient. Enforcement under Section 129 and Section 130 distinguishes detention for transit contravention from confiscation linked to intent to evade tax, and minor e-way bill defects are described as technical lapses rather than automatic proof of evasion.
Act Rules GST
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E-way bill compliance under GST rules governs prior movement information, transit documents, validity, cancellation, and special goods regimes.
Rule 138 of the Central Goods and Services Tax Rules, 2017 governs the e-way bill system for movement of goods and requires prior electronic information before movement begins in specified cases, generally where consignment value exceeds fifty thousand rupees. The rule allocates responsibility for Part A and Part B of FORM GST EWB-01 among registered persons, authorised transporters, e-commerce operators, courier agencies and fallback transporters, while also covering special cases such as job work, handicraft goods, consolidated movement and transport by road, rail, air or vessel. Rule 138A specifies the documents that must accompany the conveyance, Rule 138 provides validity, cancellation and exemption rules, and Rule 138F creates a special intra-State regime for notified precious goods.
Case Laws Customs
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Import regulation: Gazette publication is required before a notification binds importers; website uploads do not suffice for enforceability.
Publication in the Official Gazette is a condition precedent to the enforceability of notifications under Section 3 of the Foreign Trade (Development and Regulation) Act, 1992; website uploads cannot substitute for Gazette promulgation. Internal references to the "date of this Notification" must be read as the Gazette publication date, and where a notification incorporates paragraph 1.05(b) of the Foreign Trade Policy, transitional protection applies if its objective conditions (LC established before imposition, timely registration, shipment within validity) are satisfied.
Case Laws Indian Laws
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Arrest communication: written grounds generally required; oral only temporarily, written copy at least two hours before remand.
The obligation to communicate grounds of arrest applies across statutes and, as a rule, must be met by supplying written grounds in a language the arrestee understands. In exceptional exigencies oral communication at arrest is permissible temporarily, but a written copy must be provided within a reasonable time and no later than two hours before production for remand; remand papers must include the grounds and explain any delay. Non compliance renders the arrest and remand illegal, though authorities may seek fresh custody after supplying written grounds with reasons for earlier non supply.
Case Laws IBC
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Trademark ownership disputes in insolvency require a clear nexus to CIRP; complex title issues belong to full proceedings.
A disputed trademark cannot be declared an asset of the corporate debtor in summary CIRP proceedings absent a demonstrable nexus with insolvency; where title turns on contested private transactions and rival claims, the approved resolution plan governs stakeholders and summary disposition that effectively alters plan rights is impermissible. Avoidance conclusions require properly pleaded applications, material and notice; absent these safeguards, invoking preferential or undervalued transaction provisions in collateral proceedings violates natural justice.
Case Laws IBC
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Homebuyer societies' intervention in insolvency is limited; representation must follow authorised representative routes post-admission.
Locus standi under the IBC is stage-sensitive: pre-admission proceedings are in personam and participation is confined to the applicant and corporate debtor, while post-admission proceedings are in rem and allow broader standing subject to statutory channels. Individual allottees recognised as financial creditors must be represented through the Code's authorised-representation mechanisms rather than by separate societies asserting membership rights, and inherent tribunal powers cannot create substantive participatory rights absent statutory basis.
News Bill
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Income-tax rates for assessment year 2026-27 remain unchanged; schedule placement for advance tax and salary TDS is preserved.
Tax rates for assessment year 2026-27 remain unchanged and continue to be prescribed either in specific sections of the Income-tax Act (including concessional regimes for domestic companies, cooperative societies and the alternate individual regime) or in the First Schedule. Rates formerly listed in Part III of the First Schedule to the Finance Act, 2025 - used for advance tax computation, TDS from salaries and charging tax payable in certain cases - are reclassified as Part I of the First Schedule for AY 2026-27.
News Bill
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Tax rates under section 115BAC prescribe slab rates up to 30% with surcharge tiers and caps on dividend and capital gains.
Section 115BAC(1A) sets default slab rates for certain resident taxpayers ranging from nil up to 30% above Rs.24,00,000; these apply unless an option under section 115BAC(6) is exercised. Income-tax under clause (1A)(iii) is subject to surcharge tiers (10%, 15%, 25%) based on total-income thresholds, with the surcharge on dividend income and specified capital gains capped at 15% and a 15% cap also for associations of persons consisting only of companies. Marginal relief is available.
News Bill
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Individual tax rates set in the Finance Bill 2026: progressive slabs with higher nil thresholds for senior residents.
The Finance Bill 2026 prescribes progressive income-tax slabs for individuals, HUFs, associations of persons, bodies of individuals and artificial juridical persons: nil up to Rs. 2,50,000; 5% on Rs. 2,50,001-5,00,000; 20% on Rs. 5,00,001-10,00,000; 30% above Rs. 10,00,000; with higher nil thresholds for resident senior citizens (Rs. 3,00,000 for 60-79 years; Rs. 5,00,000 for 80+), and states these rates mirror the prior year.

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Can any expenditure should set off against a provision recognised for another expendiure.

2 September, 2017

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Manual - ICDS X : Provisions, Contingent Liabilities & Contingent Assets

As per the ICDS X, only expenditures relating to the original provisions should be set off against the provisions, and any expenditure should not be set off against a provision recognised for another purpose, as that would conceal the impact of two different events.

 

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Acts Income Tax