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Operational expenditure incurred to run an already deployed, revenue-generating telecom network retains its revenue character even when recorded as capital work-in-progress; book entries do not conclusively determine tax deductibility. Absent identification of an asset created or a nexus with acquisition or construction, deferral until quality-of-service targets are met does not make recurring operating costs capital. Payments to non-resident telecom operators for connectivity, carriage, termination, bandwidth and maintenance are not royalty or technical-service fees where the payer obtains no right to use equipment or process and receives no technical capability. Without Indian taxability or a permanent establishment, no withholding obligation arises.
Business-expenditure and depreciation principles support deduction where expenditure serves ongoing operations without creating a capital asset or ownership right. Public-road contributions, compensatory afforestation, dry docking, mining-lease renewal stamp duty, dumping conversion charges, obsolete inventory write-offs and irrecoverable supplier advances are treated as revenue or business outgoings on the stated conditions. Depreciation is linked to use of any asset within a block and may extend to qualifying commercial vehicles, energy-saving generators and brought-forward goodwill. Interest disallowance is not justified where interest-free funds exceed investments or no borrowing-advance nexus exists. Withholding is not triggered for ex.....
DCF valuation adopted for share premium under Rule 11UA cannot be replaced by the NAV method merely because projected results differ from subsequent actual performance. Consistent acceptance of the same premium in earlier years and for identical shares issued to non-residents supports equivalent treatment for resident shareholders. Occupancy certificates do not determine the deductibility of borrowing interest where commercial buildings have been put to use, rental income is assessed as business income, and borrowings funded construction. Advertisement and marketing costs for commercial space remain allowable business expenditure where incurred for commercial exploitation, notwithstanding a subsequently obtained occupancy certificate.
Declared transaction value cannot be rejected merely because a foreign supplier mistakenly shipped different goods where the Bill of Entry matches the supplier's invoice and import documents, and no evidence establishes deliberate misdeclaration, fraud, suppression, wilful misstatement or duty evasion by the importer. The resulting classification change is not attributable to the importer. Goods received through a bona fide supplier-induced mix-up may be cleared on payment of appropriate duty. Confiscation, redemption fine and importer penalty do not arise without the required culpable conduct. Packaged-commodity declarations must be completed before home-consumption clearance and may be affixed with prescribed permission. BIS-non-compliant non-releasable amplifiers remain subject to re-export.
Declared garments used to conceal substantial quantities of undeclared imported goods remain confiscable and may be released on payment of redemption fine. Concealment involving imports in breach of trade and intellectual-property laws supported confiscation, but redemption fine was reduced to 10 per cent of the declared or assessed value because the original fine was excessive. Liability to penalty for gross misdeclaration and improper importation was sustained where the importer failed to provide satisfactory material establishing lack of knowledge of the undeclared goods supplied by a foreign supplier. The penalty quantum was reduced, and the appeal was partly allowed.
Acceptance of reassessed customs value under protest does not extinguish the importer's independent statutory right to challenge the reassessment. Written acceptance relieves the proper officer of issuing a speaking order but does not create estoppel against statutory rights in taxation. Rejection of a declared transaction value requires written communication of the grounds for doubting its truth or accuracy. Enhanced valuation cannot rest solely on undisclosed alleged contemporaneous imports; the importer must receive the relevant comparable-import data and comparability particulars. Redetermination of value must follow the prescribed sequential valuation rules after the declared value is validly rejected.
Reverse burden for re-melted gold arises only when seizure rests on an honest, bona fide reasonable belief, supported by objective material, that the particular gold was smuggled; gold's fineness or purity alone does not establish foreign origin. Domestic purchase invoices, supplier confirmation and banking-channel payment may discharge that burden on a preponderance of probabilities unless rebutted through investigation. Promptly retracted Customs Act statements require independent corroboration, and reliance on material witness statements without effective cross-examination prejudices natural justice. Confiscation requires proof of contravention, while penalty requires knowledge or reason to believe goods were confiscation-liable; absent proof of smuggling, confiscation of gold, vehicle and packing material and related penalties were set aside.
Reverse burden for notified gold arises only when seizure rests on an honest, bona fide reasonable belief, supported by objective material that the gold was smuggled; suspicion, re-melted form, purity, or absent foreign markings do not suffice. Contemporaneous invoices, supplier confirmation and banking records may discharge the burden by establishing domestic procurement on a preponderance of probabilities unless rebutted through investigation. Retracted customs statements require independent corroboration, and material contradictions between a seizure record and electronic toll records undermine reliance on the seizure narrative. Denial of cross-examination of material witnesses prejudices natural justice. Without proof of illegal importation or knowledge of confiscability, confiscation and consequential penalties cannot stand; the departmental appeal was dismissed.
Extension of the ninety-day period for considering a compromise or arrangement in liquidation may be granted where circumstances materially change after an earlier rejection. Assignment of the debt changed the identity of the sole financial creditor and the relevant commercial decision-maker, so a fresh extension request was procedural rather than a collateral challenge to the earlier merits decision. Support from the sole financial creditor and a proposal exceeding liquidation value advanced value maximisation. In the absence of an auction notice or resulting prejudice, the NCLT could not replace the financial creditor's commercial wisdom with its own view. The High Court set aside the rejection of the extension request.
Delayed-payment surcharge for late electricity-bill payment does not constitute consideration for tolerating an act under Section 66E(e) where it secures timely payment, discourages default and lacks an express or implied reciprocal agreement to accept delay. Meter-testing charges are ancillary to statutory electricity distribution, inseparable from consumption measurement and billing, and therefore take the negative-list treatment of the principal distribution service despite separate pricing. Extended limitation requires positive evidence of fraud, collusion, wilful misstatement, suppression or contravention intended to evade tax; publicly regulated, recorded charges previously examined by the tax authorities do not establish deliberate suppression. Consequently, demands beyond the normal period, with related interest and penalty, were unsustainable.
Late-payment charges received as interest for delayed payment for industrial-gas supplies lack the consideration necessary for a service or declared service when they are compensatory damages in nature. Describing such charges as interest does not convert them into consideration for a taxable declared service. Service-tax demand on these late-payment charges was therefore unsustainable, and the impugned order was set aside.
Corp. Laws / SEBI / IBC
Dated:- 13-9-2026
PTI
Identity verification concerns arose after a tourist went missing from Teetwal near the Line of Control. His Aadhaar card was allegedly found to be fake after he left it and other belongings at a guest house. Local authorities registered a missing-person report and initiated a search. Cellphone tracking indicated that his phone was active elsewhere along the Jammu-Srinagar highway.
IGST refund on exports under Advance Authorisation remains available where imported goods are cleared with exemptions from basic customs duty and GST. Omission of rule 96(10) of the CGST Rules removes the restriction identified in the discussion, and GST exemption on import does not preclude IGST refund on exports.
Omission of Rule 96(10) of the CGST Rules is considered for exports involving raw materials imported under the Advance Authorisation scheme. Exporters who had filed Shipping Bills under a Letter of Undertaking may undertake exports with payment of IGST and claim refund of the IGST paid. The discussion further takes the view that, as the omission has no saving or sunset clause, its effect may extend to pending litigation concerning the earlier restriction.
Customs & Trade
Dated:- 13-9-2026
PTI
Lab-grown diamond sector development is directed toward Indian control of the full value chain, including machinery, production, jewellery, brands and overseas retail. Central and state-level policy support is contemplated to expand domestic capacity, exports and global market participation. Rough diamond trading companies operating in special notified zones are stated to receive a 15-year income-tax exemption, supporting the objective of establishing India as a rough diamond trading hub. Infrastructure, jewellery parks, stamp-duty waivers, affordable electricity, connectivity and free trade agreements are identified as supporting measures.
Customs & Trade
Dated:- 13-9-2026
PTI
BRICS trade facilitation is proposed through elimination of non-tariff barriers, adoption of mutually agreed standards, and efficient payment mechanisms in individual national currencies. EEPC India advocates a common agreement among BRICS members to simplify regulatory procedures and move discussions on non-tariff measures towards implementation. Reducing such barriers is presented as capable of increasing BRICS participation in cross-border trade and supporting engineering exports.
Customs & Trade
Dated:- 13-9-2026
PTI
Technical repudiation of a fire insurance claim was treated as legally unsustainable where the insurer had assessed the fire loss, did not dispute its occurrence or quantum, and relied only on alleged procedural non-compliance. Email records and virtual conferences showed repeated efforts by the insured to provide requested material. In the absence of substantive disagreement regarding the assessed fire loss or fraudulent intent, rejection solely for procedural shortcomings was characterised as an unfair trade practice and a deficiency in service.
Income Tax
Dated:- 13-9-2026
PTI
Territorial jurisdiction over show-cause notices alleging surrogate advertising of Vimal Pan Masala through Vimal Elaichi endorsements is contested before the Delhi High Court. PB Agro LLP maintains that directions to provide documentation, stop the campaign and remove digital promotional material were issued only to brand ambassadors, without hearing the company. It disputes the state regulator's jurisdiction and asserts that Vimal Elaichi is distinct from pan masala. The Centre and the Central Consumer Protection Authority contend that the Bombay High Court has territorial jurisdiction.
Customs & Trade
Dated:- 12-9-2026
PTI
Global governance reform is pursued through a BRICS roadmap focused on representation, responsiveness and rule-making, with greater participation for the Global South. BRICS also raises concerns about tariffs, non-tariff measures, protectionism, unilateral sanctions and coercive measures that may disrupt trade, supply chains and energy security. The agenda supports dialogue and diplomacy in West Asia, zero tolerance for terrorism, and a Seafarers' Emergency Support Network to coordinate distress alerts, medical aid, family notifications and evacuations.
Customs & Trade
Dated:- 12-9-2026
PTI
Trade-related developments include proposed sanctions on Russia coupled with tariffs on its trading partners, including India, and final anti-dumping and countervailing duties on solar-cell and panel imports from India, Indonesia and Laos. The duties are linked to allegations of unfair government subsidies and injury to domestic industry. Cross-border cooperation also concerns repatriation of trafficked orangutans, climate security, trade, infrastructure and resumed passenger air connectivity between Guangzhou and New Delhi.