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Periodic charitable-registration renewal under Form 10AB is described as a limited enquiry into the genuineness of activities and compliance with material laws for achieving charitable objects. The notes state that, under the periodic-registration regime and Rule 17A(2)(g), scrutiny for renewal is confined to the immediately preceding three financial years for which registration was held under the new regime. Material, financials or allegations relating to pre-1 April 2021 periods cannot be called for or relied upon to reject renewal. The discussion also states that unexamined responses and evidence, reliance on retracted statements or unrelated third-party material, and failure to identify current non-genuine activities do not support rejection. Registration and consequential approval were directed to be granted.

Foreign exchange fluctuation loss on year-end restatement of an external commercial borrowing used to acquire capital assets remains in the capital field. The notes state that, although the borrowing from the parent company was subsequently converted into equity shares, the loss retained its capital character because the borrowing was obtained for capital assets. Following earlier Tribunal orders in the same taxpayer's case, the loss could not be claimed as business expenditure under the Act. The disallowance was sustained and the appeal was dismissed.

Under the India-Singapore DTAA, research management support services qualify as fees for technical services only where they make available technical knowledge, skill, know-how or processes, or develop and transfer a technical plan or design that enables independent use by the recipient. Continued dependence on the service provider and merely incidental benefits do not establish such technology transfer. The notes state that the receipts were therefore business profits and not taxable in India without a permanent establishment. They also record that the limitation challenge to final assessments following the draft-assessment procedure failed because retrospectively operative provisions governed the assessment-completion period. Reopening and DIN-related issues remained open.

Registration under section 12AB requires examination of an educational institution's objects, the genuineness of its charitable activities, and compliance with laws materially connected to those objects. The enquiry should not become a roving review of administration, accounts or governance unless those matters directly affect charitable character or activity genuineness. Alleged legal breaches and accounting discrepancies require cogent evidence, while financial arrangements with a sponsoring agency, control of contributions, and operational autonomy may require factual verification. Existing registration cannot be rendered ineffective through renewal proceedings; cancellation requires a specified violation and the separate statutory procedure. Approval under section 80G is consequentially reconsidered with the registration matter.

Section 115BAC permits a person with business or professional income to continue under the new tax regime in subsequent assessment years once the option has been validly exercised in the prescribed manner, unless it is withdrawn under the statutory proviso. The text explains that a valid Form 10-IE filed for an earlier assessment year sustains the option, and an inadvertent error in a later return stating an incorrect first year of exercise should not negate that continuing entitlement. It notes that tax computation for the relevant year should therefore follow the new regime where no withdrawal has occurred.

Expenditure relating to exempt income is discussed as being disallowable under section 14A read with Rule 8D only by reference to investments that actually generated exempt income during the relevant year; the computation was restricted accordingly. Corporate social responsibility expenditure incurred by a statutory port authority under Ministry guidelines is treated as deductible where the Companies Act exclusion does not apply and earlier-year treatment was consistent. Payments to meet an actuarially certified superannuation-fund deficit are distinguished from ordinary annual contributions subject to Rule 87 limits. Software expenditure supported by invoices, banking payments and tax deduction evidence is treated as genuine despite the payee's non-compliance. Accrued expenses recorded under the prescribed accrual-accounting framework are treated as ascertained liabilities.

For AY 2024-25, the notes state that section 87A contained no express exclusion for tax on short-term capital gains taxable under section 111A where a resident individual is governed by section 115BAC(1A). The express statutory restriction applicable to long-term capital gains under section 112A could not be extended to short-term capital gains. The Finance Act 2025 amendment limiting the rebate to tax computed under section 115BAC(1A), effective from AY 2026-27, is described as prospective; therefore, it does not restrict the rebate under the earlier law. The stated effect is that eligible taxpayers may claim section 87A rebate against such short-term capital gains tax for AY 2024-25.

2026 (7) TMI 1839
Case Laws GST
Supplier tax-payment condition for input tax credit applies to bona fide purchasers, with credit re-availment after liability discharge.
Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 requires the supplier to pay tax before a purchasing dealer may avail input tax credit, including where the purchaser is bona fide. The GST input tax credit framework materially differs from the Delhi VAT regime and does not permit parity with protections available to bona fide purchasers under that framework. The scheme permits reversal and later re-availment of credit once the supplier's tax liability is discharged, including through mechanisms for tax determination and recovery. The provision is described as constitutional and not requiring a reading down.

Input Tax Credit under Section 16(2)(c) of the CGST Act remains conditional on the supplier's payment of tax, even where the purchasing dealer asserts bona fides. The text distinguishes the CGST framework from the Delhi VAT regime because CGST provides for reversal and subsequent re-availment of credit after the supplier discharges the tax liability. A purchaser therefore cannot claim parity with a bona fide purchaser under Delhi VAT when its supplier defaults. The condition was upheld as constitutional and not liable to be read down, and the challenge to its validity was rejected.

Notification No. G.S.R. 674(E) Dated:- 28-7-2026 Customs -Tariff
The corrigendum corrects the Gazette reference in the English version of Notification No. 28/2026-Customs dated 10 July 2026. The reference "G.S.R. 615(E)" is to be read as "G.S.R. 613(E)".

FEMA / RBI
Dated:- 29-7-2026
PTI
Foreign exchange market conditions supported an early appreciation of the rupee against the US dollar. A weaker US dollar, lower crude oil prices relative to earlier levels, positive domestic equity sentiment, and foreign institutional investors' net purchase of Indian equities were identified as key influences. The dollar index weakened ahead of a monetary policy announcement, while crude prices rose amid renewed geopolitical tensions. Domestic benchmark equity indices also advanced in early trade.

GST
Dated:- 29-7-2026
PTI
Alleged bribery connected with unblocking Input Tax Credit arose after an electronics trader received a show-cause notice and had its ITC blocked. A private tax consultant allegedly conveyed that a State GST officer demanded illegal gratification for unblocking the credit and encouraged the trader to settle the demand. Following a complaint, a trap operation allegedly led to the apprehension of the officer and consultant, with further legal action in progress.

Sales commission paid to an associated enterprise was supported by a written inter-company agreement and export-chain records, including purchase orders, supply instructions, invoices and shipping documents. The commission was linked to sales procured through the associated enterprise and became payable after third-party supply orders were received; the arm's length price was therefore not treated as nil. For delayed associated-enterprise receivables, the accepted TNMM operating margin and working-capital adjustment were considered to neutralise delayed realisation. As no differential credit benefit or real, determinable notional income was shown, a separate notional-interest adjustment was considered unwarranted. Both transfer-pricing adjustments were deleted.

Primary documentation establishing investor identity, creditworthiness and transaction genuineness is described as sufficient to discharge the initial burden for preference share capital credited under section 68. The notes state that additions cannot rest on suspicion where the Revenue produces no material showing that the assessee's own funds were routed back through investor entities. They further state that directors' adverse statements cannot sustain an addition when effective cross-examination is unavailable and documentary evidence remains undisplaced. On these stated facts, the preference share capital addition was deleted.

Classification of synthetic bonded knitted fabrics for concessional customs duty requires evidence that the goods possess the characteristics supporting reclassification. The notes state that a voluntary statement describing imported Chinlon knitted bonded fabrics and Eva Lycra bonded fabrics as synthetic did not admit that they were bleached and dyed. Without a test report or other substantiating evidence, reclassification as bleached and dyed synthetic fabrics and denial of exemption under Notification No. 82/2017-Customs could not be sustained. The impugned order was set aside and the exemption benefit was allowed with consequential relief.

A fresh advance ruling application on the same goods is maintainable where the statutory bar applies only to questions pending before or decided by specified Customs officers, the Appellate Tribunal or courts, and the later application relies on additional technical evidence rather than an identical factual record. Tariff classification of off-road mining tyres must follow the tariff terms, HSN Explanatory Notes and the goods' objective characteristics, including design, construction and principal intended use, rather than commercial descriptions or occasional road use. Evidence of mining-specific construction and end use supports classification as tyres used on construction, mining or industrial handling vehicles and machines under Customs Tariff Item 4011 80 00.

Section 16(1)(a) of the Companies Act, 2013 permits the Central Government to direct rectification of a newly registered company's name where it is identical with or too nearly resembles a previously registered company's name. Information supplied by an aggrieved existing company may support the Government's formation of that opinion without converting the matter into proceedings under Section 16(1)(b). The note records that similar names used by companies operating in the same DNA-testing field justified the rectification direction. It further records that the High Court treated the direction as valid and within jurisdiction, and dismissed the challenge.

The insolvency moratorium is confined to the corporate debtor and cannot be extended by adjudicatory bodies to subsidiaries, directors, promoters, managers or personal guarantors unless the statute expressly provides otherwise. The text explains that this limited scope preserves consumer remedies against respondents who are not protected by a statutory moratorium. A consumer complaint may therefore continue against non-corporate-debtor respondents, whose liability must be determined on the pleadings and objections rather than being excluded at an interlocutory stage. Proceedings against the corporate debtor remain subject to the applicable moratorium.

Service of notice through an admitted email address may support a presumption of service where repeated communications do not bounce and the presumption remains unrebutted. The notes address recall of an ex parte insolvency order, stressing that parties must show cogent sufficient cause for non-appearance and a substantial delay in seeking recall. In time-bound IBC proceedings, unexplained delay may not be condoned or disregarded. The absence of fraud or misrepresentation is also relevant when challenging an ex parte order.

Coaching for educational qualifications recognised by law is described as exempt from service tax under Notification No. 33/2011-ST. The text states that CA-CPT and ICWA-Foundation are mandatory statutory stages of their respective professional courses, and that advancement to later stages does not negate legal recognition of qualifications obtained at earlier stages. It further states that the notification does not restrict exemption to final-stage coaching or impose requirements concerning fee collection or affiliation for Intermediate coaching. Citing consistent Tribunal decisions, the text notes that Revenue should not take an inconsistent position where exemption was accepted for similar coaching in later periods. The reported conclusion sets aside service-tax demands, interest and penalties, subject to refund being available according to law.

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