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    Retrospective Cancellation of GST Registration: Analysis of Delhi High Court’s Ruling in 2024 (1) ...
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    Case LawsGST
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    Retrospective GST cancellation: court limits retroactive effect, stressing objective grounds and hearing rights for taxpayers.
    The court held that retrospective cancellation of GST registration cannot be applied mechanically and must be supported by objective grounds; mere non-filing does not automatically justify cancelling registration for earlier compliant periods. Procedural fairness requires an opportunity of being heard before imposing retrospective cancellation, and the temporal effect of cancellation should align with the taxpayer's cancellation application rather than an earlier retrospective date, given potential impacts such as denial of input tax credit.
    Case LawsIncome Tax
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    Capital reduction transactions treated outside buyback levy when executed pre amendment; buyback tax not attracted.
    The Tribunal held that the capital reduction did not qualify as a buyback for purposes of the buyback tax provision because the transaction was completed before the amendment that broadened the provision's definition; relying on precedents distinguishing capital reduction from buybacks, the Tribunal rejected the revenue's tax avoidance contention and emphasised that the transaction date governs applicability of the amended definition.
    Case LawsCustoms
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    Non transferability of CHA license: unauthorized sub letting triggered revocation, later reconsidered due to appellant hardship.
    A licensed CHA was found to have contravened CHALR by effectively transferring operational control to a Mumbai office through a Power of Attorney, breaching non transferability, CHA obligations to obtain authorisations and exercise due diligence, and supervision duties over employees; the firm was held accountable where the licence was used for financial gain.
    Case LawsIncome Tax
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    Incriminating material requirement: Section 153A assessments require material specific to the assessee, not unrelated third party statements.
    Assessments following search operations must be grounded on incriminating material specifically linked to the assessee; material or statements derived from separate or third party search proceedings cannot, alone, serve as incriminating material against an unrelated assessee. Absent assesseespecific incriminating material, additions and disallowances in such assessments lack justification and cannot properly form the basis of adverse tax adjustments.
    Case LawsIncome Tax
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    Admissibility of search statements: corroborative evidence required before additions in post-search tax assessments.
    Statements recorded under Section 132(4) have evidentiary value but cannot alone justify additions under Section 153A; corroborative material discovered during the search is required, and taxpayers must be afforded the opportunity to cross-examine and rebut adverse statements before assessments under Section 153A are finalized.
    Case LawsIncome Tax
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    Rectification under Section 154: procedural lapses should not bar correction of apparent errors in tax returns.
    Interpretation of Section 154 treats misplacement of figures in an original return as a mistake apparent from the record, qualifying for statutory rectification; a revised return filed as a genuine corrective attempt may be recognised despite procedural lapses, and tax authorities should balance procedural compliance with the need to remedy apparent errors and assist taxpayers in claiming corrections.
    Case LawsIncome Tax
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    Classification of Mutual Fund Gains: affirmed as capital gains, clarifies tests distinguishing business income and scope of deemed dividends.
    Classification of gains from mutual fund redemptions turns on intent, transaction frequency, holding period, accounting treatment and the factual matrix to determine capital gains versus business income. Distinguishing genuine capital contributions from transactions that function as distributions is essential before treating receipts as deemed dividends; absent characteristics of a loan or advance against profits, capital infusions should not be recharacterised as dividends.
    Case LawsCustoms
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    Redemption under Customs Act: deemed payment recognized as exercising the redemption option despite pandemic-related delay.
    The judgment analyzes the redemption option under the Customs Act allowing fine payment in lieu of confiscation, focusing on the prescribed timeframe and on how actions by a petitioner while seized currency remains with the department can constitute exercise of that option. Considering pandemic-related disruption, the court applied purposive interpretation and concluded the department's refusal to accept a deemed payment was unjustified and that the petitioner's steps effectively availed the statutory redemption alternative.
    Case LawsCustoms
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    Duty to exercise due diligence: strict licensing compliance can justify administrative revocation and security forfeiture for brokers.
    The headnote focuses on the duty of diligence under the CBLR 2018, identifying failures to advise clients, to verify information, and to supervise employees as breaches that can attract administrative penalties against a customs broker's licence. It also confirms that regulatory action may be initiated at the broker's registered location regardless of where the underlying transactions occurred, and highlights the need for compliance programs, client advisory practices, and employee training.
    Case LawsCustoms
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    Mandatory pre-deposit requirement: payments made during investigation can be counted toward the appeal pre-deposit, protecting access to appeal.
    Interpretation of the pre-deposit requirement focuses on counting payments made during investigation toward the mandatory deposit for appellate admissibility; authorities must account for investigation-stage deposits when assessing compliance to avoid denying appeal rights on technical grounds and to give effect to substantive payment.
    Case LawsCentral Excise
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    Medicament classification confirmed for a homeopathic hair oil based on ingredients and ordinary perception under tariff law.
    Classification of a homeopathic hair oil as a medicament depends on the ingredients test and the common parlance test. The Tribunal treated AHAHO as a medicament because it contained recognised homeopathic constituents and was labelled under the homeopathic schedule; the Supreme Court affirmed that those medicinal ingredients and the product's perception as a homeopathic medicine outweigh cosmetic imagery and over the counter availability, and that tariff amendments did not change the classificatory result.
    Case LawsIBC
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    Resolution applicant eligibility under insolvency law can be disqualified by trust and company conflicts affecting CIRP participation.
    The judgment finds that valuation disclosures and newspaper publication of Form G met CIRP regulatory requirements despite website upload issues; materially revised resolution plans must be placed before the Committee of Creditors or are procedurally irregular; commercial wisdom of the CoC governs differential treatment of creditors subject to legal compliance; promoter settlement offers and Section 12-A applications require demonstrable CoC consideration; and resolution applicant eligibility is governed by Trusts Act and Companies Act conflicts, not by assumed disqualifications absent specific disqualification orders.
    Case LawsPMLA
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    Section 45 PMLA bail standard: stringent satisfaction required on non guilt and low risk of reoffence before granting bail.
    Interpretation of Section 45 PMLA requires a stringent bail standard: courts must be satisfied on reasonable grounds that the accused is not guilty and is unlikely to commit an offence while on bail. An Enforcement Directorate investigation under the PMLA is distinct from predicate offence inquiries, so completion of predicate investigations does not substitute for the specific assessment required under the PMLA; courts must therefore evaluate the seriousness of allegations and the stage and character of the ED probe when considering bail.
    Case LawsIncome Tax
    Show AI Summary
    Reopening assessments under Section 147 requires proper review when Section 150(2) waiver is contested, not clarification.
    Reopening of assessments under Section 147 concerns whether the Assessing Officer has a reason to believe that income has escaped assessment and is subject to procedural safeguards including issuance of a statutory notice. Where prior assessments made in consequence of a search under provisions for search-based assessment were quashed, the question arises whether fresh proceedings may be initiated for income not arising from incriminating material found in the search and whether the limitation period can be waived under Section 150(2) to permit issuance of a notice for reassessment.
    Case LawsIncome Tax
    Show AI Summary
    Scope of assessment post-search: completed assessments permit additions only from incriminating material found during searches.
    The Supreme Court clarified that for assessments completed before a search, the Assessing Officer's power to reassess within the retrospective period is constrained: any additions in such completed assessments must be based on incriminating material discovered during the search, thereby limiting use of search powers to matters tied to the unearthed evidence and preventing expansion of assessments on unrelated material.
    Case LawsPMLA
    Show AI Summary
    Judicial oversight of criminal investigations must be cautious to avoid unwarranted de novo probes that disrupt investigative progress.
    The commentary critiques a High Court-ordered de novo investigation into recruitment corruption, treating such measures as extraordinary remedies that should not unsettle substantial prior investigative work. It stresses judicial discipline and adherence to precedent, warns against collusion and political interference in inquiries, recognises expanded locus standi for third parties in complex cases, affirms confidentiality of confession material with limited exceptions, and outlines the Enforcement Directorate's powers in probing and recovering proceeds of money laundering.
    Case LawsIncome Tax
    Show AI Summary
    Specificity in penalty notices: requirement to identify exact charge prevents defective proceedings and safeguards procedural fairness.
    Applicability of penalty for concealment or furnishing inaccurate particulars requires the assessing officer to specify the exact limb under which proceedings are initiated; absence of that specificity renders the penalty notice defective, undermines procedural fairness, and justifies setting aside the penalty, thereby obliging tax authorities to adhere to precise notice requirements when invoking penal provisions.
    Case LawsIBC
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    Inherent jurisdiction to recall judgments affirms tribunals can correct proceedings tainted by procedural vitiation or jurisdictional defect.
    The tribunal recognised its inherent jurisdiction to recall judgments distinct from review, holding that recall is available where procedural vitiation, fraud, lack of jurisdiction or failure of natural justice renders a proceeding a nullity. Drawing on the tribunal rules analogue to residual civil-procedure power and higher-court authority, the tribunal treated recall as an incidental order to prevent abuse of process and to correct proceedings affected by jurisdictional defect or gross procedural lapse.
    Case LawsGST
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    Detention and release under Section 129: proper tax invoice and e way bill establish owner status and permit release.
    Where goods intercepted in transit show a proper tax invoice and a valid e way bill identifying the consignor/consignee, those documents establish ownership for purposes of Section 129 and direct application of the release provision applicable when the owner comes forward; documentary compliance thus determines which release regime applies where GST registration discrepancies are alleged.
    Case LawsGST
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    Detention of goods under GST: enforcement must assess consignee genuineness and documentary compliance before imposing penalties.
    Detention of goods in transit was contested where authorities suspected the consignee's genuineness despite production of a tax invoice and an E way bill; the Court directed that enforcement action distinguish between penalty provisions and alternative statutory mechanisms, require strict procedural fairness, assess documentary evidence and consignee identity, and remit the matter for fresh administrative consideration accordingly.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN NOTIFICATIONS

      3 February, 2020

      Contents
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      Budget 2020-21 + FINANCE BILL, 2020

      S.No

      Heading, sub-heading, tariff item

      Commodity

      From

      To

       

       

      Animals

       

       

      1.

      0101 21 00

      Pure-bred breeding horses

      30%

      Nil

       

       

      Fuels, Chemicals and Plastics

       

       

      2.

      27

      Very low Sulphur fuel oil meeting ISO 8217:2017 RMG380 Viscosity in 220-400 CST standards/Marine Fuel 0.5% (FO), under the same conditions as available to IFO 180 CST and IFO 380 CST under entry at S. No. 139 of notification No. 50/2017-Customs dated 30.06.2017.

      10%

      Nil

      3.

      2713 12 10, 2713 1290

      Calcined Petroleum Coke

      10%

      7.5%

      4.

      2843

      Colloidal precious metals; compounds of precious metals; amalgams of precious metals

      7.5%

      10%

      5.

      2916 12 10

      Butyl Acrylate

      5%

      7.5%

      6.

      3907 99 90

      Polyester Liquid Crystal Polymers (LCP) for use in manufacture of connectors

      7.5%

       Nil

      7.

      3920 10 99

      Calendared plastic sheets for use in manufacturing of smart cards

      10%

      5%

       

       

      Paper Industry

       

       

      8.

      48

      a) Newsprint, if the importer, at the time of import is an establishment registered with the Registrar of Newspapers, India (RNI)

      b) Uncoated paper used for printing newspaper, if the importer, at the time of import' is an establishment registered with the Registrar of Newspapers, India (RNI)

      c) Lightweight coated paper used for printing magazines, subject to end-use conditions

      10%

      5%

       

       

      Sports Goods

       

       

      9.

      44

      List of items allowed duty free import up to 3% of FOB value of sports goods exported in the preceding financial year is being amended to include-Willow

      Applicable rate

      Nil

       

       

      Precious Stones and Metals

       

       

      10.

      7108

      Gold used in the manufacture of semiconductor devices or light emitting diodes

      Nil

      12.5%

      11.

      7103

      Rubies, emeralds, sapphires - unset and imported uncut

      Nil

      0.5%

      12.

      7103

      Rough coloured gemstones

      Nil

      0.5%

      13.

      7103

      Rough semi-precious stones

      Nil

      0.5%

      14.

      7103

      Pre-forms of precious and semi-precious stones

      Nil

      0.5%

      15.

      7104

      Rough synthetic gemstones

      Nil

      0.5%

      16.

      7104

      Rough cubic zirconia

      Nil

      0.5%

      17.

      7104

      Polished Cubic Zirconia

      5%

      7.5%

      18.

      7110

      Platinum or Palladium used in manufacture of-.

      a) All goods, including Noble Metal Compounds and Noble Metal Solutions [2843]

      b) Catalyst with precious metal or precious metal compounds as the active substance [3815 12]

      12.5%

      7.5%

      19.

      7112

      Spent Catalyst/Ash containing precious metal like gold from which such precious metal is retrieved subject to specified conditions.

      12.5%

      11.85%

       

       

      Machinery

       

       

      20.

      84

      Goods specified in List 10 of Notification No. 50/2017-Customs dated 30.62017, required for use in high voltage power transmission project

      5%

      7.5%

      21.

      8432 80 20

      Rotary tillers/weeder

      2.5%

      7.5%

      22.

      84 or any other Chapter

      Goods specified in List 14 of Notification No. 50/2017 - Customs dated 30.6.2017, required for construction of road like paver finisher, machines for filling up cracks in roads, mobile bridge inspection units etc.

      Nil

      Applicable BCD

      23.

      8501

      Motors like Single Phase AC motors, Stepper motors, Wiper Motors etc.

      7.5%

      10%

       

       

      Electronic goods, parts thereof

       

       

      24.

      74

      Copper and articles thereof used in manufacturing of specified electronic items

      Nil

      Applicable BCD

      25.

      8504 40

      Specified Chargers and power adapters

      Applicable BCD

      20%

      26.

      8517 70 10

      PCBA of Cellular mobile phones (with effect from 01.04.2020)

      10%

      20%

      27.

      8517 70 90

      Fingerprint readers/scanner, for use in Cellular mobile phones

      Nil

      15%

      28.

      8517 70 90

      Vibrator/Ringer of Cellular mobile phones(with effect from 01.10.2020)

      Nil

      10%

      29.

      8517 70 90

      Display Panel and Touch Assembly of Cellular mobile phones (with effect from 01.10.2020)

      Nil

      10%

      30.

      8518 30 00

      Headphones and Earphones

      Applicable BCD

      15%

      31.

      8518 90 00

      Following parts of Microphone for use in manufacture of Microphone namely,

      a) microphone cartridge

      b) microphone holder

      c) microphone grill

      d) microphone body

      10%

      Nil

      32.

      8538

      Micro-fuse base, sub-miniature fuse base, Micro-fuse Cover and sub-miniature fuse cover for use in manufacture of micro fuse and sub-miniature fuse.

      7.5%

      Nil

       

       

      Automobile and automobile parts

       

       

      33.

      2843

      Noble metal solutions and noble metal compounds used in manufacture of catalytic converter and their parts

      5%

      10%

      34.

      7110

      Platinum or Palladium used in manufacturing of catalytic converter and their parts

      5%

      Applicable BCD

      35.

      84 or any other Chapter

      (A) Parts of catalytic converter tor manufacture of catalytic converters.

      (B) The following goods for use in the manufacture of catalytic converters and its parts, namely: -

      (i) Raw substrates (ceramics)

      (ii) Wash coated substrates (ceramics)

      (iii) Raw substrates (metal)

      (iv) Wash coated substrates (metal)

      (v) Stainless steel wire cloth stripe

      (vi) Wash coat

      5%

      7.5%

      36.

      8702, 8704

      Completely Built Units (CBUs) of commercial vehicles (other than electric vehicles) (with effect from 01.04.2020)

      30%

      40%

      37.

      8702, 8704

      Completely Built Units (CBUs) of commercial electric vehicles (with effect from 01.04.2020)

      25%

      40%

      38.

      8703

      Semi Knocked Down (SKD) forms of electric passenger vehicles (with effect from 01.04.2020)

      15%

      30%

      39.

      8702, 8704, 8711

      Semi Knocked Down (SKD) forms of electric vehicles- Bus, Trucks and Two wheelers (with effect from 01.04.2020)

      15%

      25%

      40.

      8702, 8703, 8704, 8711

      Completely Knocked Down (CKD) forms of electric vehicles - Passenger vehicles, Three wheelers, Two wheelers, Bus and Trucks (with effect from 01.04.2020)

      10%

      15%

       

       

      Defence sector

       

       

      41.

      73,84,85,87,88,89,90,93

      Exemption from import duty for specified military equipment, when imported by Defense PSUs and other PSUs for defence forces.

      As applicable

      Nil

       

       


      Full Text:

      Budget 2020-21 + FINANCE BILL, 2020

      Topics

      ActsIncome Tax