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By: - DEV KUMAR KOTHARI
Section 140 permits an eligible start-up to claim a full deduction of profits derived from eligible business for any chosen three consecutive tax years within ten years of incorporation. Eligibility requires a qualifying company or limited liability partnership engaged in innovation-oriented or scalable business, compliance with incorporation, turnover and certification conditions, and restrictions on reconstruction and use of previously used machinery. The deduction requires audited accounts and timely audit reporting, with eligible-business profits computed independently and internal transfers valued at market value or an arm's length basis where applicable.
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
The Goods and Services Tax Appellate Tribunal is presented as a specialised appellate forum requiring stronger infrastructure, permanent premises and adequate supporting personnel for effective GST adjudication. Its freely accessible E-Journal consolidates significant orders and emerging GST jurisprudence, including issues concerning personal hearing and proper notice, e-way bill penalties, tax-head classification, section 74 proceedings, GSTR-2A and GSTR-3B mismatch, pre-deposit, and waiver of interest and penalty. First appellate authorities are expected to decide appeals consistently with applicable legal requirements.
By: - DR.MARIAPPAN GOVINDARAJAN
Trading by an insider while in possession of unpublished price-sensitive information gives rise to a presumption that the trade was motivated by that information. Commercial necessity, financial distress, subsequent use of sale proceeds, absence of personal enrichment, and lack of immediate share-price movement do not rebut that presumption. Permitted defences are confined to structured, transparent, or regulated transactions that negate misuse of UPSI. Liability does not require proof of profit, and loss avoided may support remedial disgorgement.
Article By: - DEV KUMAR KOTHARI Dated:- 29-9-2026
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Income Tax
Tax audit reporting deadlines are said to be unworkable where Form 3CD requires payment and TDS/TCS particulars up to the income-tax return filing deadline, although the Tax Audit Report must be uploaded earlier. Deductions may depend on payments or deposits made before the return deadline, but final-day information may be unavailable for accurate reporting. Earlier audit-report filing can therefore result in incomplete or qualified reports, revisions, and penalty exposure for delayed filing.
By: - Raj Jaggi
Refund authorities may verify entitlement, computation and formula-based exclusions under Section 54 and Rule 89(5), but cannot determine that already availed input tax credit is substantively ineligible through refund adjudication. Allegedly wrongly availed credit requires separate determination under Sections 73 or 74. A notice proposing rejection must identify disputed transactions, statutory grounds and computation; a vague allegation of "wrong ITC" is insufficient. Appellate examination cannot introduce a new factual basis absent from the original notice.
By: - Vivek Jalan
Recurring trademark fees paid under licences are characterised as revenue expenditure when the user receives only contractual use and no ownership, proprietary interest, or enduring asset. Payments for trademarks or technical know-how are similarly treated as revenue where ownership remains with the licensor. The same criterion distinguishes capital receipts from taxable income: incentives or subsidies directed to capital purposes are capital receipts. Trademark licensing costs may qualify for business-expenditure deduction where incurred for business without transfer of proprietary rights.
By: - Raj Jaggi
Refunds of accumulated Compensation Cess credit on zero-rated exports must be calculated from Net ITC actually availed during the relevant period. A reversal recorded in Form GSTR-3B within that period affects the formula only where the reversed credit was availed and included in that period's Net ITC. Historical credit reversed during the period, but never included in the current computation, cannot be deducted merely because of the timing of the entry. Administrative clarification and income-tax accounting cannot add conditions absent from the statutory formula.
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.
Cheque dishonour presumptions: admitted signature shifts the evidentiary burden, while unsupported blank-cheque claims and routine revision challenges fail.
Admission of a cheque's signature and issuance activates presumptions of consideration and legally enforceable debt. A blank-cheque defence must be supported by material capable of establishing a probable defence; missing transaction records alone do not displace those presumptions. Revisional jurisdiction does not permit reappreciation of concurrent findings without perversity, jurisdictional error, or manifest injustice. Actual receipt of a statutory demand notice, evidenced by signed acknowledgement, establishes service without resort to deemed-service rules. Cheque-dishonour sentencing may combine deterrent imprisonment with compensatory and restitutive monetary relief, assessed for proportionality.
Agricultural produce classification excludes commercially distinct manufactured rice products, invalidating market-fee coverage created through executive scheduling.
Amendments expanding agricultural produce and adding vegetable oils do not require prior Presidential assent because a fiscal levy affecting profitability does not directly impede trade under Article 301, and the State retains legislative competence over markets and fees. The statutory definition of sale, including transfers between market areas, serves to prevent fee evasion and operates separately from general contractual sales law. However, executive schedule amendments cannot treat rice bran oil, rice oil or de-oiled rice bran as agricultural produce where solvent extraction and refining create commercially distinct manufactured products; related inclusions and fee demands are invalid. Market fees need no individual quid pro quo, and marketing regulation does not conflict with industrial regulation.
Statutory appellate jurisdiction cannot be transferred to an Arbitral Tribunal by converting a Section 37 appeal into Section 17 relief.
Section 37(1)(b) vests appellate jurisdiction over refusal of Section 9 interim relief exclusively in the competent court under Section 2(1)(e). That jurisdiction is distinct from the Arbitral Tribunal's Section 17 power to grant interim measures and cannot be transferred by consent or by remitting an appeal for treatment as a Section 17 application. Once the Tribunal is constituted, a party may independently seek Section 17 interim measures, which must be assessed on subsequent events and the relief then sought. A direction converting or remitting the statutory appeal to the Tribunal is therefore impermissible.
Pre-deposit compliance cannot be insisted upon before verifying whether an appellant was required to file the disputed e-return.
Pre-deposit cannot be insisted on before verifying whether the appellant was legally required to file the disputed e-return under the Gujarat VAT framework. Section 29 read with Rule 19 prima facie indicated no such filing obligation, but the applicability of that position and the factual assertions required determination by the adjudicating authority. The first appeal must therefore be reconsidered on merits without requiring pre-deposit; no merits determination on the tax assessment or legal questions occurred.
Mandatory time limits for remanded assessments extinguish unrenewed tax demands and require refund of related objection-stage pre-deposits.
Section 34(2) of the Delhi Value Added Tax Act imposes a mandatory one-year period for completing an assessment remanded for fresh determination. Where no fresh assessment is completed within that period, the earlier default assessment demand ceases to subsist. Consequently, no legal basis remains to retain a pre-deposit paid for objections against that demand; it must be processed for refund with applicable interest. Expiry of the limitation period therefore extinguishes enforcement of the remanded assessment demand.
Statutory appellate remedy for uncalculated DVAT interest requires challenge through appeal rather than writ proceedings.
Interest calculation under Delhi value added tax law was challenged through a writ petition despite an available statutory appeal. The writ petition was disposed of as not pressed, preserving the petitioner's liberty to pursue the statutory appellate remedy against the impugned orders. The appellate authority was requested to determine any appeal filed within three weeks expeditiously.
Cenvat credit eligibility survives third-party customer invoices when consignee receipt, records and manufacturing use are established.
Cenvat credit is admissible on invoices issued by registered dealers where the claimant is identified as consignee with registration particulars and proves physical receipt, statutory recording and manufacturing use of inputs, notwithstanding that another entity is named as customer. Entries in RG 23A records and monthly returns demonstrating credit and input particulars negate suppression of material facts. Accordingly, the extended limitation period does not apply where the relevant credit was disclosed through prescribed statutory records and returns.
Cenvat credit for spool welding electrodes remains available when they repair and maintain cement manufacturing machinery.
Spool welding electrodes used to rebuild, repair and maintain grinding rollers and tables in a cement vertical roller mill qualify as inputs for Cenvat credit. Their use in maintaining machinery directly employed in producing the final product establishes the necessary nexus with manufacturing, bringing the electrodes within the applicable input-credit scheme.
CENVAT credit requires positive evidence of non-receipt; untested third-party statements cannot justify denial or extended recovery.
CENVAT credit supported by valid invoices, statutory records, receipt and freight documentation, banking payments, and undisputed use in manufacture cannot be denied solely on untested third-party statements. Statements of suppliers or transporters require compliance with the statutory procedure for admission, including examination of the statement-makers, and must be supported by positive evidence of non-receipt or fraudulent availment. In the absence of factory discrepancies, cash reimbursement evidence, or an alternative source of inputs, credit denial, consequential interest, and penalties are unsustainable. Extended limitation also requires proof of fraud, collusion, wilful misstatement, or deliberate suppression with intent to evade duty.
CENVAT credit supported by records and banking payments cannot be denied on untested, uncorroborated supplier statements.
CENVAT credit supported by statutory receipt records, valid invoices, banking payments and undisputed consumption in manufacturing dutiable final products cannot be denied merely on untested supplier or transporter statements and uncorroborated presumptions. Investigation statements require compliance with the prescribed evidentiary procedure before reliance, and the Revenue must establish alleged non-receipt through tangible corroborative evidence. Extended limitation for a credit demand requires fraud, collusion, wilful misstatement or suppression with intent to evade duty; absent specific sustainable allegations and proof, the extended period is unavailable. Consequently, the credit demand, related interest and penalties lack legal basis.
Maximum packing speed governs capacity-based duty after machine conversion, placing the modified pouch-packing machine in the higher speed category.
Capacity-based levy under Section 3A depends on the maximum speed at which a packing machine can operate, not actual production. Rules 4 and 5 link deemed production and duty to that speed, while Rule 6 allows approval and revised declarations after parameter changes. Following conversion from twin-pack to single-pack, the original speed rating did not govern. Without reliable technical evidence supporting the lower band, duty applies under the category for machines operating at 751 pouches per minute and above.