Provisions of Arrest at a Glance Section 69 empowers the Commissioner of CGST or SGST to arrest any person where he has reasons to believe that such person has committed an offence under section 132(1) (a, b, c, d) and punishable under section 132(1)(i, ii) or 131(2). In the administration of taxation the provisions for arrests are created to tackle the situations created by some unscrupulous tax evaders. To some these may appear very harsh but these are necessary for efficient tax adminis... ... ...

When a Stock Difference Is Taken Down the Wrong Statutory Path Detection of excess or unaccounted stock during a survey may legitimately invite investigation. It may indicate defective account maintenance, unreported production, suppressed supplies, or possible tax evasion. However, the discovery of a stock difference does not, by itself, determine the statutory provision under which the Department must proceed. Suspicion may initiate an inquiry, but the resulting liability must be determined... ... ...

Introduction In today's knowledge-driven economy, intellectual property ("IP") is no longer merely a legal right recorded in the name of a company. Patents, trademarks, copyrights, designs, trade secrets, domain names and other intellectual assets can form an important part of a company's competitive position, commercial identity and long-term business value. For Indian corporates, the challenge is therefore not simply to register intellectual property, but to develop an integrated... ... ...

The Dispute Behind the Deposit The statutory right of appeal under GST law comes with prescribed payment conditions. Difficulty arises when a taxpayer has already paid a substantial amount during investigation or through belated returns and later seeks to count that payment toward the percentage of disputed tax required to file an appeal. The amount may already be with the Government, but that alone does not determine the payment's legal character. The decision in Hero Wiretex Limited ... ... ...

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. Some important words found with number of times appeared ITA 2025 In ITA 1961 By notification - 80 times 173 times Notification - 138 times Official gazette 127 times In the table below provisions are rep... ... ...

Introduction In the modern knowledge economy, some of a company's most valuable assets may never appear on a balance sheet or in a public intellectual property register. Manufacturing processes, algorithms, formulas, customer information, pricing strategies, research data, source code, business plans and technical know-how can provide a company with a significant competitive advantage. Such information may be protected through confidentiality and trade-secret protection. Unlike pate... ... ...

Introduction Intellectual Property Rights (IPRs) have evolved from being primarily legal instruments for protecting inventions, brands and creative works into significant commercial and strategic assets. For Indian businesses, intellectual property can generate value not only through direct use but also through licensing, technology transfer, franchising, assignment, joint ventures and other commercial arrangements. A patent may protect a technology, a trademark may represent substantial b... ... ...

Statutory assistance for possession of secured assets - Police assistance charges under Section 14 of the SARFAESI Act - Whether Authority of the District Magistrate under Section 14 of the SARFAESI Act to require a secured creditor to deposit expenses for police assistance in taking possession of the secured asset? - HELD THAT: - Section 14 authorises the Magistrate to take necessary steps and use such force as may be necessary to secure possession of the secured asset. Police assistance, wh... ... ...

Inherent jurisdiction to quash criminal proceedings - Mandatory pre-process inquiry for accused outside territorial jurisdiction Quashing of cheating proceedings - Prima facie allegation of alteration of cheque date - Quashing of a cheating complaint arising from the alleged alteration of the date on dishonoured cheques - HELD THAT: - The inherent power to quash is to be exercised sparingly upon consideration of the attendant circumstances emerging from the record. The forensic opinion prima ... ... ...

Interpretation to urban land under sec.2(ea) of the Wealth Tax Act - Agricultural land - exclusion from wealth-tax assets - Retrospective amendment to definition of asset Liability of land classified in revenue records as agricultural land and used for agricultural purposes to wealth tax - HELD THAT: - The retrospective amendment to the definition of "asset" extended the exclusion to land classified in revenue records as agricultural land and utilised for agricultural purposes. As agricultura... ... ...

Classification of recorded and pre-recorded audio/video CDs and DVDs as information technology products - taxable at 5% under Entry 68(5)(d) or at 14.5% as DVDs and CDs under Entry 68(30) of the First Schedule - principle of noscitur a sociis HELD THAT: - Entry 68(5) comprehensively covers software and the media on which it is embedded. Applying noscitur a sociis, recorded and pre-recorded CDs and DVDs take their colour from the other software media specified in that entry. The separate entry... ... ...

Input tax credit - proof of genuine transactions - Input tax credit -selling dealer's failure to pay tax Entitlement to input tax credit where the selling dealer had not paid tax, despite documentary proof and e-sugams establishing genuine purchase transactions and movement of goods - HELD THAT: - The assessee had produced sufficient material, including e-sugams, to establish the genuineness of the transactions and movement of goods and had consequently discharged the burden under section... ... ...

Classification of imported precision measuring instruments under Entry 9 of the Eleventh Schedule - Concessional rate for precision testing equipment used in manufacture under Section 3(3) Classification of imported precision measuring instruments falling under Entry 41 of Part D of the First Schedule, as to whether they were covered by Entry 9 of the Eleventh Schedule notwithstanding that they were not specifically named therein - HELD THAT: - Entry 9 comprehensively covered imported cigaret... ... ...

Limitation for refund of unutilized Cenvat credit after closure of business - Maintainability of Form-R refund claim for unutilized Cenvat credit Limitation for refund of unutilized Cenvat credit after closure of business - Applicability of the statutory refund limitation to a claim for accumulated unutilized Cenvat credit filed after closure of the manufacturing business - HELD THAT: - Cenvat credit is consequential to duty paid and its refund is governed by the limitation prescribed for dut... ... ...

Movability of mobile towers and prefabricated shelters - CENVAT capital-goods credit for telecom BTS accessories - Input-service credit for erection and commissioning of telecom towers and shelters - Personal-use restriction on CENVAT input-service credit - SEZ exemption for mobile telecommunication services Movability of mobile towers and prefabricated shelters - Capital goods as accessories of telecom BTS and antenna - Entitlement to CENVAT credit on mobile towers and prefabricated shelters... ... ...

CENVAT credit on capital goods used in manufacture of plant and machinery embedded to earth - claim denied solely because the resultant plant and machinery is immovable property HELD THAT: - Applying the coordinate-bench ruling in a materially similar factual situation in ICL SUGARS LTD. [2011 (4) TMI 1065 - KARNATAKA HIGH COURT], the Court held that CENVAT credit cannot be denied merely because the plant or machinery manufactured using the capital goods is embedded to earth and is immovable ... ... ...

Service of first appellate order for limitation - Limitation expiring on a non-working day Service of first appellate order under the Customs Act - Limitation for second appeal - Computation of limitation for the second appeals where the first appellate orders were not served in the prescribed manner - HELD THAT: - A Document Identification Number merely authenticates an order and does not establish its service. The Revenue produced no evidence of electronic uploading or service, and the info... ... ...

Appellate jurisdiction over Goods Transport Agency service classification Maintainability before the High Court of an appeal challenging the determination that the respondent's services were not classifiable as Goods Transport Agency service - HELD THAT: - The appellate scheme under the Act was held to be mutually exclusive: questions relating to rate of duty or value for purposes of assessment, including taxability or excisability, are excluded from the High Court's jurisdiction and ... ... ...

Procedural conditions for export-service exemption - Shipping-bill endorsement of foreign-agent commission Procedural conditions for export-service exemption - Effect of non-submission of Form EXP2 on exemption from service tax for commission paid to foreign agents for export sales - HELD THAT: - The requirement to furnish Form EXP2 was held to be procedural, particularly as the information required by the authorities was available on record. A procedural lapse in filing that form could not d... ... ...

Demand of service tax from an Indian Exporter on reverse charge basis in respect of certain services received by him for overseas, through his bank - extended period of limitation and equal penalty Reverse-charge service tax on foreign bank charges in export transactions - Service recipient and privity of contract - Reverse-charge service tax demand on foreign-bank charges and overseas commissions recorded without bifurcation - HELD THAT: - The notice and the lower orders did not segregate ex... ... ...