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By: - DEV KUMAR KOTHARI
Abbreviation used : ITA 1961 or 61 Act - The income-tax Act, 1961 ITA 2025 or 25 Act - The income-tax Act, 2025 ITR 1962 or 62 Rules - Income Tax Rules 1962 ITR 2026 Or Rules 2026- Income-tax rules 2026 TY- Tax year in ITA 2025 PY - Previous year in ITA 1961. In the table below provisions are reproduced with highlights added by learned author for analysis. Provisions in ITA 1961 are placed in rearranged manner to match with corresponding provisions of ITA 2025 S.140 of IT... ... ...
By: - Raghunandhaanan rvi
Indian Customs Waters extend to the Exclusive Economic Zone and give Customs law a maritime enforcement reach beyond ports and the shoreline. Customs officers may, where statutory conditions are met, stop and search vessels, search persons, arrest persons, and act against prohibited or undeclared goods intended for unlawful importation. Geographical presence within Indian Customs Waters does not make Customs the regulator of all maritime activities; fishing, offshore resources, security and environmental matters remain subject to their specialised statutory regimes.
By: - K Balasubramanian
At the outset, I apologize for not having accurate data on the number of benches out of one principal bench and 31 state benches on the infrastructure facilities created so far. It is gathered that all the benches are operating only on temporary premises and not on their own. As on date a minimum of 80,000 appeals have already been filed. While a rough estimate states that the Government has collected so far around 150 lakhs crores as GST since 01/07/2017 till 31/08/2026, the required infrastruc... ... ...
By: - DR.MARIAPPAN GOVINDARAJAN
Insider Trading Regulation 2(g) of the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 ('Regulations' for reference) as any person who is- • a connected person; or • in possession of or having access to unpublished price sensitive information. Insider trading is the buying or selling of a public company's securities using material, non-public information that gives an unfair advantage over other investors. Prohibition of in... ... ...
By: - DEV KUMAR KOTHARI
TAX AUDIT REPORT - REQUIRE TO REPORT SOME INFORMATION UP TO LAST DATE TO FILE RETURN - IT IS IMPOSSIBLE TO FILL IN SUCH INFORMATION SO TIME MUST BE EXTEND TO UPLOAD TAX AUDIT REPORT till 15 days after due date for ITR and due date of ITR should also be revised. Abbreviations used: Tax Audit Report - TAR ITA1961 - Income Tax Act 1961 ITR 1962- Income Tax Rules,1962. FY/PY - year ending 31st March. DD ITR due / last date for ITR DD TAR due / last date for TAR Tax auditor or... ... ...
By: - Raj Jaggi
When Refund Scrutiny Crosses into Credit Adjudication A refund proceeding ordinarily examines whether the claimant satisfies the conditions governing refund and whether the amount claimed has been correctly computed. It cannot be converted into an informal substitute for proceedings specifically prescribed for determining wrongly availed input tax credit. This distinction is particularly important in claims for refund of accumulated input tax credit under an inverted duty structure. The re... ... ...
By: - Vivek Jalan
Hon'ble Minister of Law & Justice Shri Arjun Ram Meghwal in his keynote address at the ITAT Kolkata inauguration (7 September 2026) cited landmark ITAT rulings starting with one Ms. Moksha Mahajan's ruling that clarified how "capital incentives/ receipts" must be distinguished from taxable "income", underscoring ITAT's role in shaping fiscal justice. Now, let's understand difference between "capital expenditure" and "revenue expenditure" from The ITAT Mumbai's Ruling in As... ... ...
By: - Raj Jaggi
The Relevant Period Turns on Availment, Not the Date of Reversal GST refund computations are inherently period-specific. Figures in a return may show when an accounting entry was made, but they do not necessarily establish the tax period to which the underlying credit belongs. This distinction is decisive when ITC relating to an earlier period is reversed during the period for which a refund is claimed. In Pramod Chandan Surin Versus Shivam Iron & Steel Co. Ltd. - 2026 (9) TMI 17... ... ...
Statutory conciliation notices under MSMED law are not subject to premature Article 227 review, despite parallel commercial proceedings.
Statutory conciliation initiated by a Council notice under the MSMED Act does not create an adjudicatory lis, because the dispute becomes adversarial only if conciliation fails. Article 227 review of a notice requiring participation in mediation is therefore premature. A fresh mediation notice issued after withdrawal of an earlier challenge, where the Council indicated it would entertain a fresh claim, does not constitute an impermissible review. A registered supplier's statutory remedy before the Council remains independent of parallel commercial civil proceedings, which do not legally bar consideration of the supplier's claim. The mediation process may therefore continue.
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Revisional jurisdiction over concurrent conviction - Statutory presumptions and rebuttal in cheque dishonour - Proof of statutory demand notice by signed acknowledgement - Sentence and compensation for cheque dishonour Revisional jurisdiction over concurrent conviction - Scope of revisional interference with concurrent findings sustaining a cheque dishonour conviction - HELD THAT: - Revisional jurisdiction is supervisory and cannot be exercised as a second appellate jurisdiction for a fresh a... ... ...
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Classification of rice bran oil and de-oiled rice bran as agricultural produce - Excessive delegation in amendment of the agricultural produce Schedule - Presidential sanction for State market-law amendments - Statutory definition of sale for market-fee levy - Repugnancy between industrial regulation and agricultural market regulation Freedom of trade and commerce under Article 301 - Presidential sanction for State market-law amendments - Constitutional validity of the amendments expanding ag... ... ...
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Statutory appeal from refusal of interim measures - Arbitral Tribunal's jurisdiction to grant interim measures - Remission of a statutory appeal from rejection of an application for interim measures to a subsequently constituted Arbitral Tribunal for treatment as an application for interim measures Whether the High Court, while exercising statutory appellate jurisdiction u/s 37(1)(b) of the Arbitration and Conciliation Act, 1996 against rejection of an application under Section 9 can by c... ... ...
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Pre-deposit for statutory VAT appeal - dismissal of the first and second appeals for non-compliance with the pre-deposit condition HELD THAT: - In view of the appellant's undertaking to participate in and cooperate with the appellate proceedings, the Court considered it appropriate to restore the first appeal for adjudication on merits without applying the pre-deposit condition. The Court expressly left the merits of the assessment and the questions of law open. [Paras 8, 10] The order... ... ...
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Statutory limitation for remanded DVAT assessment - Refund of pre-deposit where DVAT demand does not subsist Continuation of the remanded default assessment for AY 2013-14 after expiry of the one-year period under Section 34(2) of the Delhi Value Added Tax Act, and retention of the pre-deposit made for hearing of objections - HELD THAT: - The statutory time limit governed completion of the assessment proceedings pursuant to remand. Applying the position accepted in the precedent SHAILA ENTERP... ... ...
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Interest not calculated in terms of Section 42 of the Delhi Value Added Tax Act, 2004 - Preliminary objection raised by learned counsel for the respondent is that the petitioner has a statutory remedy of appeal under Section 74 of the DVAT Act. HELD THAT:- The writ petition was disposed of as not pressed, with liberty to avail the statutory appeal against the impugned orders; the appellate authority was requested to decide an appeal filed within three weeks expeditiously.... ... ...
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Cenvat credit on inputs received under third-party customer invoices - Extended period of limitation-absence of suppression Cenvat credit on consignee invoices - Entitlement to Cenvat credit on inputs received under invoices raised on a third-party customer but naming the manufacturer as consignee. - HELD THAT: - The invoices identified the manufacturer as consignee, and the inputs were actually received and entered in its RG 23 A records. An invoice does not become invalid for Cenvat credit ... ... ...
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CENVAT credit on welding electrodes used for maintenance of manufacturing machinery Eligibility of CENVAT credit on spool welding electrodes used for rebuilding, repair and maintenance of grinding rollers and grinding tables of a cement vertical roller mill - HELD THAT: - The electrodes were used for repair and maintenance of machinery ultimately employed in manufacture of the final product. They could therefore not be excluded from the scope of inputs merely because their use was for mainten... ... ...
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CENVAT credit on alleged non-receipt of sponge iron - Admissibility of investigation statements in excise adjudication Disallowance of CENVAT credit availed on dealer invoices for sponge iron and input services on the allegation that the goods and services were not received - HELD THAT: - The invoices, statutory credit records, transport and freight documents, factory records and banking payments supported receipt and use of the inputs; manufacture of the final product and payment of duty the... ... ...
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Admissibility of investigation statements under section 9D - CENVAT credit on inputs allegedly non-receipt of inputs - Burden of proving non-receipt of inputs CENVAT credit on inputs allegedly not received - Admissibility of investigation statements under section 9D - Burden of proving non-receipt of inputs - Disallowance of CENVAT credit on the allegation that inputs covered by dealers' invoices were not received in the factory - HELD THAT: - Statements of suppliers and transporters, not... ... ...
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Maximum packing speed of a modified Pan Masala packing machine for capacity-based duty - Modified twin-pack FFS machine - capacity-based levy under Section 3A HELD THAT: - Under the capacity-determination scheme, duty depends upon the maximum speed at which the packing machine can be operated, and not upon its actual speed of production. The machine had been modified from its original twin-pack configuration to pack a single product; consequently, the original manufacturer's speed quotati... ... ...