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News and Press Release
Dated:- 25-9-2026
The ongoing review of the ASEAN-India Trade in Goods Agreement seeks to enhance trade flows, address trade asymmetries, and deliver a balanced, effective, user-friendly, and trade-facilitative arrangement for businesses. It forms part of India's commitment to mutually beneficial trade partnerships and regional trade arrangements.

By: - Sadanand Bulbule
GST self-assessment depends on accurate GSTR-1 reporting, GSTR-2B credit communication, GSTR-3B tax settlement and annual reconciliation. GSTR-1 and GSTR-3B mismatches require timely reconciliation, payment of any justified differential with interest, or a satisfactory explanation. Input Tax Credit remains conditional on supplier payment of tax to the Government, making vendor due diligence and continuous credit reconciliation essential. Accurate return data also supports electronic processing of refunds for accumulated credit on zero-rated supplies. Curable clerical errors should be assessed on substantive records and without prejudice to revenue.

By: - Vivek Jalan
Tax deduction at source on online-game winnings under section 194BA applies from 1 April 2023. The person responsible for paying such winnings must deduct tax at 30% on net winnings after accounting for entry fees where applicable. Section 194BA is excluded from the higher-deduction regime for non-filers under section 206AB, so the prescribed 30% deduction applies even where the recipient has not furnished an income-tax return.

By: - Raj Jaggi
Rule 138(10) is treated as the exclusive mechanism for extending an E-Way Bill during exceptional transit delays. The transporter must update Part B and act within the stipulated period around expiry; a fresh or secondary E-Way Bill for the same invoice is not an alternative route. Section 129 proceedings apply the preponderance-of-probabilities standard, requiring reliable evidence of any claimed breakdown. Altering an invoice identifier to bypass duplicate-bill portal controls, especially with a changed dispatch location, is distinguished from a minor clerical error and treated as deliberate portal circumvention.

By: - K Balasubramanian
Input tax credit reversal linked to delayed supplier payment must rest on verification of specific purchase invoices remaining unpaid beyond 180 days and cannot be inferred from the aggregate trade-payables figure in a year-end balance sheet. Trade payables may comprise recent purchases within ordinary contractual credit periods. Any reversal demand should follow supplier- and invoice-level verification and be confined to cases of actual non-payment beyond the prescribed period.

By: - Ls Tripathi
Udyam Registration Number recovery is available without fee through the official Udyam portal where the enterprise can receive a one-time password on the mobile number or email recorded during registration. The user selects the applicable Udyam Registration or older Udyog Aadhaar Memorandum option, validates the one-time password, and retrieves all registration numbers linked to the registered contact detail. Where access to that contact detail is unavailable, online recovery cannot be completed and support channels should be used. Loss of the number does not require a fresh or duplicate registration.

PRESUMPTION AS TO DOCUMENTS IN CERTAIN CASES IN GST
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
Section 144 of the CGST Act creates a rebuttable presumption that documents tendered by the prosecution are genuine unless disproved. Loose sheets, slips, and diaries are not ordinarily books of account and require authentication and independent corroboration before supporting a tax addition. Entries in accounts alone cannot establish liability. Seized material must have a clear legal and factual nexus with an actual taxable supply. Investigation, search, and seizure must also be undertaken by a proper officer, since subsequent proceedings cannot rest on an invalid foundation.

By: - Raj Jaggi
GST exemption for in-patient diets depends on the supplier's own supply. A hospital may supply prescribed food as an ancillary part of exempt healthcare, but an independent caterer supplying food to the hospital makes a standalone taxable food supply. Ultimate consumption by in-patients and institutional communications do not alter classification. A mistaken reliance on a healthcare clarification does not by itself establish fraud-based non-payment; liability may proceed under the normal-demand route, with cum-tax valuation where tax was not separately collected.

2026 (9) TMI 1666
Case Laws Central Excise
Mandatory type-testing charges form part of excisable transaction value, while penalty relief remains limited in scope.
Mandatory type-testing charges separately recovered from buyers of ACSR conductors form part of transaction value where testing is required under prescribed standards, is indispensable to sale, and the goods cannot be sold without the test certificate or report. Central excise duty and consequential interest therefore apply to those charges. Potential Cenvat credit for the buyer does not establish revenue neutrality, because duty liability and credit entitlement arise under separate provisions and credit remains conditional. Although prior notices showed awareness of the valuation issue, the penalty for non-inclusion was reduced; the valuation demand remained unaffected.

2026 (9) TMI 1667
Case Laws Central Excise
Prospective limitation extension cannot revive time-barred excise demands despite greenhouse classification under the specific tariff entry.
Ready-to-assemble customised greenhouses fall under Tariff Item 9406 00 11, the specific entry for greenhouses, rather than the general entry for environmentally controlled plant growth chambers and rooms under Tariff Item 8419 89 60. The specific-description rule therefore governs their classification. The extension of the normal excise limitation period from one year to two years from 14 May 2016 operates prospectively and cannot revive demands already time-barred under the earlier period. Consequently, although classification under Tariff Item 9406 00 11 is sustained, the excise-duty demand for March to December 2014, with interest and penalty, does not survive.

2026 (9) TMI 1668
Case Laws Service Tax
Business auxiliary service applies to distributor commissions generated by sponsored sales groups, while self-purchase commissions remain excluded.
Performance-linked commission earned by a multi-level marketing distributor for identifying, sponsoring and supporting a sales group that markets goods constitutes promotion or marketing taxable as business auxiliary service. Commission or discount attributable to the distributor's own purchases and personal consumption remains excluded. Where non-payment of tax on group-performance commission involves suppression with intent to evade payment, the extended limitation period applies. The taxable levy on group-generated commission carries consequential interest and penalties.

2026 (9) TMI 1669
Case Laws Service Tax
Service tax non-remittance: penalties and extended limitation apply where collected tax is deliberately withheld after collection.
Deliberate collection of service tax without remittance constitutes evasion and may support statutory penalties and the extended limitation period. Penalty for delayed payment is a civil consequence; separate proof of mens rea is unnecessary once the statutory default is established. Admissions made during a customs inquiry were treated as substantive evidence where no contemporaneous retraction displaced them. The original penalty determination remained operative. Although housekeeping services were taxable, their assessable value required fresh determination from underlying invoices because no material challenged the invoices or their declared values. Deliberate non-remittance, supported by investigative admissions, established wilful suppression with intent to evade tax and sustained extended-period recovery.

2026 (9) TMI 1670
Case Laws Service Tax
Job-work exemption applies where excise duty is payable on finished goods, without proof of actual duty payment.
Job-work services qualify for exemption under Notification No. 08/2005-S.T. where goods produced from client-supplied raw materials or semi-finished goods are returned for use in manufacturing finished goods on which appropriate excise duty is payable. The exemption requires that duty be payable, not that the client prove actual payment. Job-work challans and jurisdictional permissions indicating that clients were duty-paying assessees support eligibility. Consequently, absence of evidence of actual excise-duty payment by clients does not defeat the exemption.

2026 (9) TMI 1671
Case Laws Service Tax
Electricity transmission charges retain excluded status when SLDC and network access are inseparable from coordinated grid operations.
SLDC charges and charges for use of transmission networks under short-term and medium-term open access form integral components of electricity transmission and distribution when inseparable from grid scheduling, monitoring, supervision and control. They fall within the Service Tax exclusion for transmission or distribution of electricity; separate tariffs or accounting do not make them independent services under the bundled-services rule. The extended limitation period requires fraud, collusion, wilful misstatement, suppression, or contravention intended to evade tax. Recorded receipts and an interpretative taxability dispute do not establish those conditions, rendering demands beyond the normal period unsustainable.

2026 (9) TMI 1672
Case Laws Service Tax
Service tax on bank charges fails where discounting interest and reimbursed bank expenses are not taxable consideration.
Cheque-discounting interest separately disclosed falls within the exemption for interest on discounting of bills, bills of exchange or cheques. Ledger classification as Bank Charges cannot alone establish that receipts constitute consideration for a taxable service; transaction-level proof is required. Charges representing exempt discounting interest and actual bank expenses recovered from clients are excluded from taxable value for the relevant period. Where accounting entries were recorded, audited and previously accepted, no wilful suppression or intent to evade is established. The extended limitation period is unavailable, and a suppression-based penalty under Section 78 cannot be sustained.

2026 (9) TMI 1673
Case Laws IBC
Wilful-defaulter proceedings may continue despite pending arbitration, and show-cause challenges remain premature before committee review.
Disposal of assets furnished as loan security without lender approval may constitute wilful default under RBI Directions. Pending arbitration over the underlying loan transactions does not prevent a separate wilful-defaulter process, particularly where no stay has been granted. A show-cause notice identifying the relevant assets and disclosing supporting material ordinarily permits borrowers to respond before the Identification and Review Committees; judicial intervention before that process is completed is premature. The challenge to the notice was rejected, with two weeks allowed for a reply.

2026 (9) TMI 1674
Case Laws IBC
Interim appellate orders in insolvency proceedings: challenge was not entertained, leaving disciplinary suspension issues pending expeditious appellate disposal.
Interim insolvency proceedings concern financial creditors in a class seeking to requisition a CoC agenda and the consequences of suspending an insolvency professional's registration on other assignments. A challenge to an NCLAT interim order was not entertained by the Supreme Court, which dismissed the appeal. The appellate proceedings were listed for a future date, with an expectation of expeditious disposal.

2026 (9) TMI 1675
Case Laws SEBI
Statutory appellate remedy for interim securities restrictions takes priority over writ jurisdiction, preserving objections before the designated appellate forum.
Statutory appellate remedy before the Securities Appellate Tribunal provides an efficacious forum to challenge SEBI interim directions, including objections to the scope of imposed restrictions. Although the challenge appeared arguable at first glance, no prima facie view was recorded. Writ jurisdiction was not invoked; the petition was disposed of with liberty to approach the appropriate appellate forum, while preserving all rights and contentions.

2026 (9) TMI 1676
Case Laws Customs
Tariff classification of bulk botanical extracts depends on imported character and selective refinement, placing them under vegetable extracts.
Pine Bark Extract and Grape Seed Extract are classifiable as vegetable extracts under Heading 1302, rather than food preparations under Heading 2106. Under Rule 1 of the General Rules for Interpretation, classification follows the heading terms and relevant notes. Repeated solvent extraction, concentration, drying, grinding and sieving do not alter the essential character of botanical extracts unless specialised processing demonstrably and selectively enriches or depletes particular constituents. Bulk, single-ingredient extracts requiring further formulation are not finished dietary supplements merely because of their potential nutraceutical use. As neither extract is specifically named under Heading 1302, both fall under residual Customs Tariff Item 1302 19 39 for other vegetable extracts.

2026 (9) TMI 1677
Case Laws Customs
Minimum Import Price Rules Cannot Displace Declared Value for Goods Bonded Solely for Re-export or Trigger Confiscation
Minimum Import Price restrictions do not apply to goods placed in bonded warehousing solely for re-export where no intended diversion to home consumption is shown. A policy-based minimum price, without evidence of additional consideration, under-invoicing, concealment, or discrepancy, cannot alone displace the declared transaction value. Comparable import data cannot sustain value redetermination once that premise fails. In the absence of deliberate misdeclaration or mala fide undervaluation, goods are not liable to confiscation, redemption fine, or penalty. Such transactions retain their character as bonded warehousing for re-export rather than imports for domestic consumption.

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