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2025 (4) TMI 2483
Case Laws Income Tax
Assessment reopening after four years fails without identified undisclosed facts, and missing invoices did not justify disallowing corroborated purchases.
Reopening a completed scrutiny assessment after four years under section 147 requires a failure to disclose fully and truly the material facts necessary for assessment; a bare assertion of non-disclosure in the recorded reasons is insufficient. The reasons relied on investigation information without identifying undisclosed material facts, although bank details had already been furnished, making the reassessment invalid. The eventual disallowance also differed in nature from the alleged bogus purchases cited for reopening. Purchase disallowance for missing invoices was not justified where purchases from the same supplier were partly accepted, the books were not rejected, turnover was not found deficient, payments passed through banking channels and both parties confirmed the transactions.

2025 (4) TMI 2484
Case Laws Income Tax
Concealment penalties cannot rest on deleted disallowances for non-deduction of tax at source or solely estimated expenditure disallowances.
Concealment penalties under section 271(1)(c) cannot survive deletion of the underlying disallowance under section 40(a)(ia) for non-deduction of tax at source, because deletion removes the penalty's foundation. A concealment penalty is also unsustainable where an expenditure disallowance is retained solely on estimation: the inherent subjectivity of an estimate makes it insufficient as the basis for the penalty. Neither the deleted disallowance nor the estimated expenditure disallowance provides a sustainable basis for the associated penalty.

2025 (4) TMI 2485
Case Laws Income Tax
Exempt-income expenditure overlooked during assessment may trigger revision for fresh inquiry without a final determination of disallowance.
Section 263 permits revision of an assessment that is erroneous and prejudicial to revenue, including where an issue requiring verification was assessed without inquiry or application of mind. A non-speaking assessment and the absence of a specific inquiry into expenditure attributable to exempt income can warrant fresh examination under section 14A. Satisfaction about the correctness of the expenditure claim requires examination of the accounts before Rule 8D is applied. A proposed rectification that does not proceed after objections does not, by itself, establish that the revisional authority acted on borrowed satisfaction. Re-examination may be directed without finally determining a disallowance.

2025 (4) TMI 2486
Case Laws Income Tax
Cash deposits in disclosed accounts: unexplained income addition deleted after return showed disclosure and records supported Bank Mitra work.
Cash deposits in two bank accounts were treated as unexplained income because the accounts were considered undisclosed in the return. The return produced at the hearing showed that both accounts had been disclosed, while the record supported the assessee's work as a Bank Mitra. The addition of the deposits as unexplained income was deleted.

Notification No. 28236-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Odisha's GST table under Finance Department reference 19877-FIN-CT1-TAX-0022-2017, dated 29 June 2017, is amended by substituting 9 for 6 in column (3) against serial number 15. The change is made under section 9(3) of the Odisha Goods and Services Tax Act, 2017, on the recommendations of the Goods and Services Tax Council. The substitution takes effect on 1 November 2026.

Notification No. 28232-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
The entry for seat-share helicopter travel is extended to journeys beginning or ending at an airport, including a helipad, in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim or Tripura, or at Bagdogra in West Bengal. The entry at serial number 21A does not apply to goods transport agency services relating to goods supplied through an electronic commerce operator. A goods transport agency is defined as a person providing road transport services for goods and issuing a consignment note, whatever it is called.

2024 (9) TMI 1986
Case Laws Indian Laws
Ex parte proceedings do not remove notice and hearing requirements before a defence is struck out at an advanced hearing.
Defendants who have not filed a written statement and against whom proceedings are ex parte may cross-examine the plaintiff's witnesses and rely on the plaint and evidence to raise a statutory bar. An ex parte direction does not dispense with notice and an opportunity to be heard before the defence is struck out at an advanced hearing. Striking out the defence relates to the suit as it then stands; the effect of a subsequent amendment depends on its nature. Where the description of the suit property is later amended, defendants are entitled to a copy of the amended plaint notwithstanding the earlier order.

Notification No. 28228-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Passenger transport in an electrically operated vehicle and rental of such vehicles for passenger or goods transport are subject to State tax at either 2.5% under specified credit restrictions or 9%. These entries apply where battery charging costs are included in the consideration. Under the 2.5% treatment, credit is generally unavailable except for specified same-line passenger or goods transport services, as applicable, or electrically operated vehicle rental services procured from another provider. Where the upstream State tax rate exceeds 2.5%, that credit is limited to tax paid or payable at 2.5%.

Circular No. PUBLIC NOTICE NO. 8/2018 Dated:- 20-6-2018 Trade Notice Dated:- 20-6-2018 Trade Notice
E-commerce exports not involving the Merchandise Exports from India Scheme (MEIS) are processed manually pending electronic data interchange at FPOs. Postal Bill of Export-I (PBE-I) is filed in duplicate for one consignor and any number of consignees, with invoices and the applicable CN22 or CN23 postal declaration. Postal authorities furnish proof of export containing tracking numbers and a dispatch identifier. GST data may be uploaded through ICAN only after that proof is received.

Notification No. 28219-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Persons engaged in supplying specified goods are excluded from the application of Odisha's existing GST measure through substitution of its proviso. The specified goods are used cooking oil under heading 1518; waste and scrap of plastics under heading 3915; waste and scrap of tyres under heading 4004; metal scrap under Chapters 72 to 81; and electrical and electronics waste and scrap under heading 8549. The amendment takes effect on 1 November 2026.

2022 (9) TMI 1734
Case Laws Income Tax
Interest deductions remain available when payees report income and pay tax, even if their returns follow the payer's.
Where payees report interest income in their returns and pay the tax due, the proviso to section 201(1) prevents the payer from being deemed an assessee in default. The second proviso to section 40(a)(ia) deems tax deducted and paid on the date the payee files its return. The interest deduction is not disallowed merely because the payee files its return under section 139(1) after the payer. The extent of disallowance for insufficiently vouched travel, repair and other expenditure is considered alongside the corporate taxpayer's audited accounts.

Notification No. 28215-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
The nominated agency definition in the Explanation to the Odisha GST measure dated 31 December 2018 is replaced. It now covers entities listed in Appendix 4B of the Handbook of Procedures, as amended by the Directorate General of Foreign Trade from time to time. The substitution takes effect on 1 November 2026.

Circular No. PUBLIC NOTICE No. 17/2018-19 Dated:- 21-8-2018 Trade Notice Dated:- 21-8-2018 Trade Not...
Courier exports of goods listed in Appendix 3C of the Foreign Trade Policy 2015-2020 under the Merchandise Exports from India Scheme are exempt from the exclusion in regulation 2(2)(e)(iii) of the Courier Imports and Exports (Clearance) Regulations, 1998, where the consignment value is up to Rs. 5 lakh and the transaction involves foreign exchange. The regulations do not apply to exports where the consignment value exceeds Rs. 5 lakh and the transaction involves foreign exchange. Courier Shipping Bill CSB-V is required for Appendix 3C goods and other commercial goods not covered by the exclusion in regulation 2(2)(e), where the consignment value is up to Rs. 5 lakh and the transaction involves foreign exchange.

Notification No. 28211-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Reverse charge under the Odisha Goods and Services Tax Act, 2017 will apply from 1 November 2026 to specified goods supplied by any unregistered person to any registered person. The registered recipient is liable to pay the tax on those supplies. The new entries are serial number 2A for used cooking oil under tariff heading 1518; 3B for waste and scrap of plastics under heading 3915; 3C for waste and scrap of tyres under heading 4004; and 9 for electrical and electronics waste and scrap under heading 8549.

Notification No. 28206- FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Psyllium seeds, also known as Isobgul or Isobgol, are added as entry 87A to the Schedule of the Odisha Finance Department measure dated 17 September 2025. The entry follows serial number 87 and specifies tariff code 1211 9013. It does not itself state a tax rate or specific tax treatment for the goods. The amendment is made under section 11(1) of the Odisha Goods and Services Tax Act, 2017. The addition takes effect on 1 November 2026.

Input tax credit for GST paid under the reverse charge mechanism to housing and urban development for a building construction plan may be available where the building is constructed for taxable outward supplies through renting or leasing the commercial property. Credit may also be available where the plan fees are treated as general business overheads directly linked to commercial operations and do not strictly fall within the capital expenditure restriction. Eligibility is subject to proper capitalization and invoice matching in GSTR-2B. Credit may be restricted or ineligible if the payment is treated strictly as capital expenditure for construction of an administrative office or self-occupied commercial building on own account, under the input tax credit restriction in section 17(5)(d) of the CGST Act.

Circular No. PUBLIC NOTICE NO. 28/2018 Dated:- 10-12-2018 Trade Notice Dated:- 10-12-2018 Trade Noti...
Imports of saccharin covered by the anti-dumping notifications concerning goods originating in and exported from China are to be treated as provisional and finalised after the pending petition is decided. Goods cleared must be accounted for, and importers informed of the pending litigation and that clearances are subject to its outcome.

2020 (1) TMI 1760
Case Laws Companies Law
Marine insurance notice conditions require strict compliance, with the policy's specified deduction applying to failure to notify the agent.
An express marine insurance policy condition requiring notice to both underwriters and the nearest Lloyd's Agent for an accident abroad must be strictly construed. Notice to underwriters and their appointment of surveyors do not replace notice to the agent; the specified 15% deduction applies to non-compliance rather than rejection of the entire claim. Classification with a society specified in the policy can satisfy a classification condition. Seaworthiness and rough weather alone do not establish that all damage resulted from an insured peril; evidence of corrosion and wear may affect attribution. Corporate secretaries and other qualifying principal officers may sign and verify company pleadings by virtue of office, while maintainability objections raising factual issues must be pleaded.

Notification No. 28199- FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Odisha State GST rate schedules are amended to provide a 2.5% rate for pre-packaged and labelled animal or vegetable fertilisers and organic fertilisers. This category expressly includes seaweed-extract-based bio-stimulants registered under Schedule VI to the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985. Retreaded tractor tyres, classified under heading 4012, are also added to the 2.5% schedule. The 9% schedule covers retreaded or used pneumatic rubber tyres other than retreaded tractor tyres, together with solid or cushion tyres, tyre treads and tyre flaps made of rubber. Entry 637 and its associated particulars are omitted from that schedule.

The listing rules define equity instruments to include equity shares, convertible debentures and preference shares issued by Indian companies. Unlisted public companies in International Financial Services Centres fall within the rules subject to compliance with applicable IFSC law and regulations, while public companies in that jurisdiction are excluded from rule 3(a). Companies with negative net worth may issue instruments for listing if they undertake to allot at least 75% of the net offer to qualified institutional buyers under the relevant jurisdiction's securities regulations. Rule 5(e) replaces "two years" with "more than six months", and rule 5(g) adds that the specified default must remain unremedied. The replacement Form LEAP-1 req.....

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