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Arm's-length pricing of management support services cannot be nil where evidence establishes rendition, business benefit, and reasonable cost allocation.
Arm's-length pricing of intra-group management support services requires application of the benefit test: services must be rendered and provide economic or commercial value, while shareholder and duplicative activities are not chargeable. Service agreements, cost-allocation workings, benchmarking support and functional material can establish rendition and benefit; acceptance of part of the payment further supports that conclusion. Inclusion in a TNMM cost base does not alone prove benefit but may corroborate operational use. A 5% mark-up on indirect costs within the comparable range was consistent with low value-adding intra-group service principles. Pricing the disputed services at nil was unsustainable, requiring deletion of the transfer-pricing adjustment.
DRP assessment limitation: section 153's outer deadline governs final orders, rendering delayed assessments jurisdictionally invalid despite prompt-finalisation requirements.
Pending proceedings before a larger Supreme Court Bench do not require deferral where the applicable authority remains unstayed and any interim restraint does not cover it. For assessments under the DRP mechanism, sections 144C and 153 operate together: DRP directions remain part of the assessment process, while section 144C(13)'s prompt-finalisation requirement does not displace section 153's outer limitation. Final assessment orders issued after the applicable statutory deadline are barred by limitation and jurisdictionally invalid, notwithstanding compliance with DRP directions.
Income-tax assessment jurisdiction at the declared communication address remains valid where no timely jurisdictional objection is raised.
Income-tax assessment jurisdiction at Indore rested on the assessee's electronic returns identifying Ward 3(1), Indore as the Assessing Officer, acceptance of assessment there for an earlier year, and service of notices at the communication address provided in the returns. Scrutiny selection through the computer-assisted system did not undermine that jurisdiction. No statutory objection to jurisdiction was raised, and the proposed transfer lacked confirmation that an operating office existed at the stated Maharashtra address. As adequate notice and opportunity were provided, the assessee's non-participation did not establish a breach of natural justice. The assessment and refusal to transfer were therefore not invalid for want of jurisdiction.
Recovery pending statutory appeals: collection on linked tax-disallowance demand must remain deferred until appeals are resolved.
Recovery of a disallowance arising from alleged non-deduction of tax at source should remain deferred where the related demand for the same assessment year has already been stayed pending statutory appeals after the stipulated deposit. Because the disallowance under Section 40(a)(ia) arose from the same underlying issue, recovery should not proceed until the appeals are decided. The merits of the tax liability and the depositors' claimed exemption remain unadjudicated. The statutory appeals should be disposed of expeditiously, preferably within three months.
Tax-deduction penalty proceedings remain in abeyance pending appellate disposal, resulting in closure of related writ petitions.
Penalty proceedings for failure to deduct tax at source remained in abeyance until disposal of the taxpayer's appeal against the tax-deduction-default order. Related expenditure disallowances for tax-deduction non-compliance resulted in assessment orders for several assessment years, which were separately stayed. As penalty action was deferred pending appellate disposal and no further directions were required, the related writ petitions and miscellaneous petitions were closed without costs.
Tax recovery abeyance pending Tribunal appeal was made conditional on securing the Revenue through further deposit.
Tax recovery arising from tax-deduction assessments was directed to remain in abeyance pending the Tribunal's final decision, subject to protection of the Revenue's interests. The taxpayer had already deposited part of the disputed demand and undertook to make a further deposit. Recovery was stayed on condition that Rs. 30 crores be deposited within four weeks, preserving security for the disputed tax liability during the proposed appellate proceedings.
The PMLA's statutory twin conditions apply equally to anticipatory bail in money-laundering matters. Bail-stage assessment is based on available material and probabilities, without a mini-trial; Section 50 statements may be considered with corroborative bank-account analysis and a financial trail. Repeated non-compliance with summons may be relevant to assessing whether an applicant is avoiding the inquiry. Where the material does not provide reasonable grounds to believe that the applicant is not guilty, anticipatory bail is unavailable. Money-laundering proceedings are distinct from predicate-offence proceedings, so pre-arrest protection in the predicate offence does not automatically extend to a PMLA proceeding.
Anticipatory bail for money laundering requires satisfying stringent twin conditions despite bail protection in the predicate offence.
Anticipatory bail for money laundering under the Prevention of Money Laundering Act, 2002 is subject to the twin conditions requiring reasonable grounds to believe that the applicant is not guilty and will not commit an offence while on bail. Bail protection in a predicate offence does not automatically apply to the separate offence of money laundering. Statements recorded under the Act, when corroborated by bank-account analysis and a financial trail, may link a person to alleged proceeds of crime. Non-compliance with personal-appearance summons, a prima facie fund trail, and the gravity of economic offences may preclude satisfaction of the statutory conditions and result in denial of anticipatory bail.
Notification No. F.14 (90)/LA/2023/ala1/4-11 Dated:- 11-1-2024 Delhi SGST
Delhi GST amendments introduce a three-year limitation for furnishing outward-supply details, returns, annual returns and e-commerce operator statements, subject to notified permission for delayed filing. Input tax credit is barred for goods or services used for corporate social responsibility obligations, while registration exemptions may be notified for specified categories. Best-judgment assessment return-filing periods are extended, with a further period available on payment of additional late fee. Appeals lie to the Goods and Services Tax Tribunal constituted under the central GST law.
Notification No. 22/2023-State Tax Dated:- 11-7-2024 Delhi SGST
Section 128 powers amend the sixth proviso by replacing 30 June 2023 with 31 August 2023 as the operative deadline. The substituted date is deemed to apply from 30 June 2023, giving the amendment retrospective commencement from that date.
Circular No. PUBLIC NOTICE NO. 54/2021 Dated:- 7-6-2021 Trade Notice Dated:- 7-6-2021 Trade Notice
AEO certificates remain valid for three years for AEO-T1 and AEO-T2 entities and five years for AEO-T3 and AEO-LO entities. Certificates that expired or were due to expire between 1 April 2021 and 31 May 2021 were extended until 30 June 2021 to facilitate renewal affected by COVID-related restrictions. The extension is unavailable to entities found ineligible for continuation under the AEO Programme.
Circular No. 20 Dated:- 2-9-2026 Circular Dated:- 2-9-2026 Circular
Reporting requirements for Rupee accounts maintained by non-resident banks through authorised dealer banks are dispensed with immediate effect. Authorised dealer Category-I banks are no longer required to furnish annual updated lists of offices or branches maintaining such accounts. The obligation to report temporary overdrawals by overseas branches or correspondents exceeding the permissible limit and remaining unadjusted beyond the prescribed period is also discontinued.
Export Report
Customs
Export reporting requires a departing conveyance to declare its identification, operator, departure details, cargo, stores, and private property held by the person in charge and crew. Cargo declarations cover transport references, packages, marks, quantity, goods description, exporter, destination, and shipment particulars. Stores must separately identify non-duty-paid consumable and non-consumable articles. The person in charge or agent must certify that no undeclared private property is on board and attest that the particulars and supporting documents are full and true before customs closure.
V
Customs
Registration for filing import manifests requires the applicant's name, Permanent Account Number and address, with particulars of each partner or director where the applicant is a firm or company. The application must identify authorised persons who will undertake manifest filing, specify their educational qualifications, and enclose a contract, memorandum of understanding or agreement with the foreign authorising agent. The applicant must declare the correctness of the particulars and sign the application.
IV
Customs
Customs Form IV requires disclosure of private property held by an aircraft captain and crew, with flight particulars and crew identification. It records Indian and foreign currency, travellers' cheques, tobacco products, alcoholic liquors, watches, jewellery, and other articles. The form also requires particulars of aircraft imprest cash, aircraft cash collection, and gold, coin and bullion. Articles intended to be landed must be separately specified, and the captain must certify and sign the declaration.
III
Customs
Cargo Manifest in Form III requires particulars of the owner or operator, aircraft nationality and registration marks, flight number, date, loading and unloading points, air way bill number, packages, and nature of goods. It separately provides for owner or operator use and official use, requires preparation and pagination details, and limits the complete manifest to the prescribed physical dimensions.
II
Customs
Passenger manifest requirements prescribe Form II for owners or operators to record flight, passenger, journey, travel-document, crew, visa and message-related information. Required particulars include carrier and flight details, departure and arrival information, passenger identity and status, journey airports, travel-document details, crew information, visa particulars for foreigners, and carrier contact details. Fields marked with an asterisk are not mandatory. The form is prepared by the owner or operator for official use and identifies the preparer and pagination.
Customs, DGFT & SEZ
Dated:- 3-9-2026
NPOP-certified ethnic rice exports from Tripura to Austria and the Netherlands connect local farmers and Farmer Producer Companies with international markets through organised, export-oriented production. The initiative emphasises certification, traceability, food safety and quality as requirements for access to markets for certified organic products. Buyer-seller linkages support export opportunities, while coordinated organic value-chain engagement strengthens certification and quality systems and supports producers in meeting international standards.
I
Customs
Customs Form I requires aircraft operators to declare flight identification, routing, crew, passenger movements, cargo, and any attached cargo manifest. It also requires health disclosures concerning illness, disease-spread conditions, and disinsecting or sanitary treatment. An authorised agent or pilot-in-command must certify that all particulars and supplementary forms are complete, exact and true, and confirm the status of through passengers.
Import Report
Customs
Import reporting for an arriving vehicle requires cargo particulars, separate disclosure of non-duty-paid consumable and non-consumable stores, and declaration of private property held by the person in charge and crew. The declaration must confirm that all particulars are complete and true and that no imported goods have been unloaded or delivered since departure from the last station. Delivery of the import report under section 30(1) of the Customs Act, 1962 enables consideration of permission for entry inward, subject to proper-officer endorsement.