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Section 263 Revision Fails Where Reassessment Properly Examines Share-Trading Capital Gains and Revenue Shows No Inquiry Defect
Revisionary jurisdiction under Section 263 cannot be sustained merely because the revisional authority considers further inquiry desirable where reassessment specifically examined the relevant share transactions. Supporting material, including bank-account details, broker statements and transaction particulars, was furnished, and the transactions formed part of regular trading through an established broker. In the absence of an identified inquiry deficiency, ignored material, evidentiary defect or necessary further inquiry, the reassessment view remains a plausible view. The requirements of an erroneous order prejudicial to Revenue interests are therefore not met, making revision unsustainable.
Exempt machinery re-transportation for testing attracts only limited e-way bill penalty, not tax, when no separate consideration exists.
Re-transportation of machinery to a vendor for tooling and performance testing, without separate consideration, forms part of the original already-taxed transaction and is treated as a non-taxable supply within exempt supply. Although movement otherwise than by way of supply may be supported by a delivery challan, e-way bill compliance remains required where applicable. For exempt goods, detention provisions permit recovery only of the prescribed penalty for e-way bill non-compliance, not tax. The tax demand is therefore restricted to the statutory penalty applicable to exempt goods, with refund of any excess amount deposited.
The export policy for durum wheat classified under ITC (HS) code 10011900 and wheat classified under ITC (HS) code 10019910 is revised from 'Prohibited' to 'Free' with immediate effect. Exports of these specified wheat products may therefore proceed without the prior prohibition applicable under the earlier policy classification, subject to the applicable Foreign Trade Policy framework and other relevant conditions.
The export policy for wheat or meslin flour, including atta, maida, semolina, wholemeal atta and resultant atta classified under ITC (HS) Code 11010000, is revised from Prohibited to Free with immediate effect. Exports of these wheat flour and related products may therefore be undertaken without the prior prohibition applicable under the earlier export policy, subject to applicable foreign trade requirements.
Circular No. 6/6/2017-GST Dated:- 27-8-2017 Gujarat SGST Dated:- 27-8-2017 Gujarat SGST
Supply of lottery is treated as a supply of goods under the Gujarat Goods and Services Tax framework. Lottery is to be classified under "Any Chapter" of the First Schedule to the Customs Tariff Act, 1975, despite the "-" classification shown in relevant rate notifications. Returns and tax payments are linked to the prescribed rate for the supply, and tax on lottery must be paid at the applicable rate of 12% or 28%, as the case may be.
Annexure-C
Customs
Sectoral rules of origin under the Asia-Pacific Trade Agreement require listed goods to satisfy product-specific Change in Tariff Heading criteria. CTH requires non-originating materials to change from any other tariff heading to the heading of the finished product. Synthetic rubber is subject to CTH except from the natural-rubber heading. Sectoral criteria apply first; where they cannot be met, the general origin criterion under rule 4(a) applies sequentially. The final manufacturing process must occur in the exporting participating State.
Circular No. PUBLIC NOTICE NO. 32/2024 Dated:- 13-3-2024 Trade Notice Dated:- 13-3-2024 Trade Notice
The Amnesty Scheme provides a one-time settlement mechanism for export-obligation defaults by Advance Authorisation and EPCG Authorisation holders. Registration was extended until 31 December 2023, while registered holders must pay applicable customs duty and interest by 31 March 2024. Holders with outstanding payments are requested to complete payment promptly, and payment-related assistance is available through a designated nodal officer.
Annexure-B
Customs
APTA preferential concessions depend on a valid Certificate of Origin issued by a designated authority, presented to Customs within its validity period, and supported by direct-transport documentation where goods pass through non-APTA territory. Customs may verify authenticity or origin status, suspend preferential treatment pending verification, and release goods subject to administrative measures where prohibition, restriction or fraud concerns do not arise. Non-response or insufficient verification information, followed by unresolved bilateral consultation, may lead to denial of preferential treatment.
Circular No. PUBLIC NOTICE NO. 48 Dated:- 30-5-2024 Trade Notice Dated:- 30-5-2024 Trade Notice
Drawback disbursal into exporters' accounts through the Public Financial Management System (PFMS) is to be implemented under the applicable Customs instruction. The PFMS-based mechanism concerns crediting drawback amounts to exporters' accounts and applies to relevant stakeholders, including importers, exporters and customs brokers. The instruction operates as standing guidance for officers in the concerned customs jurisdiction, with implementation difficulties referable to the responsible Export Appraising Deputy Commissioner or Assistant Commissioner.
Arbitration agreement enforcement survived public-premises proceedings, with lease, rent and eviction disputes referred for contractual interpretation.
Arbitration petitions under Section 20 of the Arbitration Act, 1940 accrue when an arbitrable claim is made and repudiated, not merely on contractual breach or lease expiry; the petition was therefore within the three-year limitation period under Article 137. Section 15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 did not bar jurisdiction because a Section 20 petition seeks enforcement of an arbitration agreement rather than adjudication of eviction, rent or damages. Estate Officer proceedings did not prevent arbitration. Disputes over lease duration, rent enhancement and eviction during the claimed lease term required interpretation of the lease and fell within the arbitration clause. The agreement was filed and covered disputes referred to an arbitrator.
Customs & Trade
Dated:- 25-8-2026
PTI
Industrial electricity tariff revision is proposed from 1 September for 33 KV and 11 KV consumers within the Damodar Valley Corporation command area. The increase is confined to the shared distribution-licence area, while a separate and higher tariff structure applies outside it. Steel and sponge-iron industry associations oppose the revision on the basis that it will raise energy costs and affect investment conditions. They seek withdrawal of the increase and request continuing supplies of high-grade coal and iron ore for sponge-iron production.
Form 140 quarterly reporting is based on the amount paid or credited during the relevant quarter, even where TDS becomes payable after an aggregate payment threshold is crossed. TDS may be computed on cumulative payments up to the threshold-crossing point, while the quarterly return reports only the transactions of that quarter. The difference between quarterly gross reporting and TDS is attributable to the cumulative threshold mechanism. Expenditure reconciliation is achieved by combining payments reported across the relevant quarters, without re-reporting earlier-quarter payments in the later return.
Circular No. Public Notice No. 53/2024 Dated:- 13-6-2024 Trade Notice Dated:- 13-6-2024 Trade Notice
Export General Manifest compliance requires the person in charge of an export conveyance to deliver the EGM before departure from the Customs station. Incorrect EGM filings reflected in the EDI system may delay post-export benefits and export incentives. April 2024 EGM-error identification links affected transactions to shipping line, Shipping Bill, exporter, EGM particulars and recorded error type. Exporters, Customs Brokers and other concerned persons must rectify the transaction-specific errors under the applicable EGM rectification procedure.
Circular No. 11/11/2017-GST Dated:- 20-10-2017 Gujarat SGST Dated:- 20-10-2017 Gujarat SGST
Customised printing contracts are composite supplies whose tax classification depends on the principal supply. Printing of publisher-supplied content on books, pamphlets, brochures, annual reports and similar material, using paper and other inputs belonging to the printer, is principally a supply of services. Printed envelopes, letter cards, boxes, tissues, napkins, wallpaper and comparable articles made with the printer's physical inputs are principally supplies of goods, with recipient-provided designs, logos or content treated as ancillary printing elements.
Circular No. PUBLIC NOTICE NO. 57/2024-25 Dated:- 27-6-2024 Trade Notice Dated:- 27-6-2024 Trade Not...
Exchange Rate Automation Module (ERAM) automates the transmission, adjustment, integration and publication of customs exchange rates used to value imported and exported goods. Rates will be transmitted electronically to ICEGATE, adjusted to the nearest five paise and integrated with ICES. They will be published online at 6:00 p.m., take effect from midnight of the following day, and remain operative until revision. Where transmission or integration fails, the last updated rates continue temporarily, followed by revision or manual intervention under the prescribed contingency process.
Circular No. 12/12/2017-GST Dated:- 26-10-2017 Gujarat SGST Dated:- 26-10-2017 Gujarat SGST
GST on superior kerosene oil supplied for extraction of n-paraffin is payable only on the net quantity retained by the Linear Alkyl Benzene manufacturer. Where the remaining SKO is returned to the refinery, its return does not separately attract GST in that transaction. The refinery is liable for GST on returned SKO when it subsequently supplies that quantity to another person.
Circular No. PUBLIC NOTICE NO. 60/2024 Dated:- 5-7-2024 Trade Notice Dated:- 5-7-2024 Trade Notice
Rail-bound ICD containers under transshipment selected for scanning at DTCS-01 near PUB may be scanned at DTCS-02 or MXCS within the port, without further permission from the Container Scanning Division. The procedure takes immediate effect, modifies prior instructions to that extent, and operates as a standing order for concerned customs officers and staff. Unaddressed procedural disputes may be resolved by reference to applicable public notices.
Disputed service and hearing claims require statutory appellate review when an effective alternative remedy remains available.
Writ jurisdiction under Article 226 will generally not be exercised to resolve disputed facts concerning service of a show cause notice, hearing notice, or order-in-original where an efficacious statutory appeal is available. Allegations of non-service and denial of hearing, disputed by assertions of service through speed post, email, and the web portal, should be examined by the appellate authority. The petitioner was relegated to the statutory appellate remedy, with the appellate authority directed to consider on merits any request to exclude the time spent pursuing the writ petition.
Circular No. Public Notice No.65/2024 Dated:- 26-7-2024 Trade Notice Dated:- 26-7-2024 Trade Notice
Late fees for delayed Bills of Entry are waived where importers could not file because ICEGATE was unavailable during ICES updates for Union Budget 2024-25. The waiver covers belated Bills of Entry relating to Import General Manifests filed between 11:00 AM on 23 July 2024 and 4:00 PM on 24 July 2024. Relevant Deputy Commissioners and Assistant Commissioners must implement the waiver as a standing order.
Cash capital contributions by partners to a partnership firm are considered as an income-tax compliance issue, focusing on whether partners may introduce capital in cash and the maximum cash amount that may be introduced.