Dr.O.K.NARAYANAN, VICE PRESIDENT AND SHRI HARI OM MARATHA JUDICIAL MEMBER For the Assessee : Shri T. Banusekar & Shri B.Ramakirshnan For the Department : Shri Shaji P Jacob ORDER Per Dr.O.K.NARAYANAN, V.P. : The appeal filed by the Assessee in ITA No.1568/Mds/09 is against the order of Commissioner of Income Tax at Madurai rejecting the application of the assessee made for exemption u/s.80G(5)(vi) of the Income Tax Act, 1961. The appeal filed by the Revenu in ITA No.1671/Mds/10 is... ... ...

Export-related GST refunds permit credit refunds despite drawback limited to basic customs duty, allow return-data corrections through prescribed amendment procedures, and permit retrospective LUT acceptance or export-time extensions where actual exports are established. Only one deficiency memo may ordinarily be issued, subject to unrectified or later substantive deficiencies. Transitional credit is excluded from Net ITC, and refund where invoice and shipping-bill values differ is limited to the lower value. Goods exports do not require proof of foreign-exchange realisation, and refunds should not be withheld for minor procedural lapses.

GST treatment of transactions involving an unincorporated joint venture depends on whether members' contributions are merely transactions in money or constitute consideration for a supply. Cash calls pooled solely to acquire machinery for joint-venture use are capital contributions and not taxable where no activity is performed for another for consideration. Where an operating member uses its own machinery to undertake activities for the joint venture and recovers costs from other members, the arrangement constitutes a taxable supply of service. Taxability depends on the facts and joint-venture contractual terms.

Challenges to prosecution sanction should ordinarily be raised before the criminal court conducting the proceedings, particularly where validity, genuineness, application of mind, or the material considered by the sanctioning authority involve disputed facts. Statutory objections to sanction, including any resulting failure of justice, may be pursued before the Special Judge and in appellate or revisional proceedings. A writ court may decline to exercise territorial or discretionary jurisdiction where the criminal proceedings, charge sheet, cognizance and trial are connected to another forum offering an efficacious remedy. Reconsideration of an earlier refusal to sanction is permissible on fresh material, material infirmity, or previously unconsidered relevant facts, but not on identical material.

GST valuation and trade discount treatment are considered where a restaurant supplier pays referral fees attracting GST while supplying food and beverages at a lower rate. The issue is whether 20 may be treated as a trade discount under section 15(3) of the CGST Act, so that GST is determined on 80 rather than the full supply value, having regard to contractual terms and applicable CBIC guidance.

E-way bill exemption applies to Tvl. Mahindra and Mahindra Ltd for self-propelled movement of its manufactured vehicles within Tamil Nadu for road testing and return to the same premises, otherwise than by way of supply. The facility requires a value-based bond, authorised triplicate delivery challans, prescribed trade plates, dispatch-and-return records, and monthly accounts submitted to jurisdictional tax officers. It does not extend to vehicles consigned or transported to another person for testing.

The writ petition concerning service tax was dismissed for want of prosecution after the petitioner repeatedly failed to appear despite a prior warning that appropriate orders would follow further non-representation. No substantive service-tax issue was decided, and the dismissal resulted from the petitioner's continued absence.

Bus body building and tyre retreading require classification as composite supplies by identifying the principal supply from the transaction's essential nature. Retreading is generally a service where the retreading process predominates, although retreaded tyres supplied from the supplier's own old tyres are goods. Priority Sector Lending Certificates are taxable goods, with input tax credit available to the purchasing bank. Electricity transmission or distribution is exempt, but ancillary consumer services are taxable. Government guarantees given to business entities for guarantee commission or other consideration are taxable.

Proportionate lease premium paid for leasehold land was treated as capital expenditure and therefore disallowed as a revenue deduction, consistently with the position adopted in earlier assessment years. Declarations under Section 158A, accepted by the Assessing Officer, required the eventual High Court decision on the identical question of law to be applied to the relevant assessment years. The disallowance remained confirmed, subject to consequential application of that decision.

Assessment framed against an entity that ceased to exist on amalgamation is invalid where that defect remains unchallenged. Unsecured loan credits cannot be treated as unexplained when the record establishes the lenders' identity, financial capacity and transaction genuineness, particularly where the principal loan is squared up on amalgamation. A further expenditure addition is unsustainable to the extent the disallowance was already made in the computation and the balance comprises substantiated ordinary business expenses. Deletion of both additions was sustained on the available records.

Refund of unutilised IGST credit distributed through an Input Service Distributor to an SEZ unit was raised under Section 54 of the CGST Act and Rule 89 of the CGST Rules governing supplies to SEZ units. The special leave petitions were disposed of as not pressed because the tax effect was below the CBIC monetary threshold for litigation. No substantive determination was made on the SEZ unit's entitlement to input tax credit refund or on the interpretation of the refund provisions.

HSBC India's branch expansion is directed at extending wealth, international banking, and corporate banking services to affluent, high-net-worth, ultra-high-net-worth, and non-resident Indian customers in emerging commercial centres. The Nashik opening forms part of a broader branch-expansion programme undertaken after Reserve Bank of India approval to establish additional branches in key cities. The programme is intended to expand delivery of banking and financial services, including support for cross-border wealth management, overseas investment by Indian companies, and foreign investment into India.

Automation under the IGCR Rules, 2022 applies to export-oriented units from 1 September 2024, replacing the existing procedure for concessional-duty imports. EOUs must obtain an IGCR Identification Number through ICEGATE and register an IGCR bond to file bills of entry claiming IGCR benefits. The process also applies to clearances from special economic zones to EOUs upon activation of the relevant module.

Audit authorisation under section 65 of the Bihar Goods and Services Tax Act, 2017 is conferred for financial year 2020-21 upon Avinash Kumar, Assistant Commissioner of State Tax, Darbhanga Division, for the Madhubani zonal jurisdiction. The authorisation is exercised under section 65(1), read with section 4(2), enabling the officer to exercise statutory audit powers within that jurisdiction.

GST refund claims by Input Service Distributors, composition taxpayers and non-resident taxable persons may rely on their respective prescribed returns instead of FORM GSTR-1 and FORM GSTR-3B. Compensation cess credit on coal used for zero-rated aluminum supplies under bond or LUT may be refunded, but cannot be used to pay integrated tax on exports. Exporters of exempted or non-GST goods need not furnish bond or LUT for zero-rated supplies without integrated tax and may claim eligible unutilized input tax credit. The restriction on export on payment of integrated tax applies only to direct procurement from suppliers using specified tax-free or concessional benefits.

Export General Manifest compliance requires delivery of the EGM to the proper officer before departure of the conveyance from the Customs station. Incorrect or unfiled EGMs may delay post-export benefits and incentives. Shipping Bills reflecting EGM errors or pending EGM filing for August 2024 are identified for corrective action. Exporters, Customs Brokers, Shipping Lines and other concerned persons must rectify errors or file pending EGMs, as applicable, to facilitate post-export benefits and incentives.

Export Transshipment through ICES permits rail movement of export cargo from Kolkata Sea Port and its container freight stations to JNPA as gateway port. The transhipper must register a continuous Transshipment Bond and applicable Bank Guarantee at the originating port, file the ETP application after Let Export Order, and ensure safe export through JNPA. ETP approval debits the bond, and the permit accompanies the container. JNPA officers verify container particulars and seal integrity before allowing shipment. ETP approval supports drawback processing at the originating port.

Revised declaration in FORM GST TRAN-1 may be submitted up to 31 October 2017 under rule 120A of the Bihar Goods and Services Tax Rules, 2017. The extension is exercised by the Commissioner on the Council's recommendations under the enabling authority of section 168 of the Bihar Goods and Services Tax Act, 2017.

Submission of transitional credit declaration in FORM GST TRAN-1 under rule 117 of the Bihar Goods and Services Tax Rules, 2017 was extended until 31 October 2017. The extension was issued under rule 117 read with section 168 of the Bihar Goods and Services Tax Act, 2017, pursuant to the Council's recommendations.

Custodianship and Customs Cargo Service Provider approval for imported liquid cargo at Additional Liquid Cargo Berths LB03 and LB04 is vested in JSW JNPT Liquid Terminal Private Limited. The appointment applies until cargo is delivered to tank farms under Chapter VIII of the Customs Act, 1962. The entity must comply with customs law and the Handling of Cargo in Customs Areas Regulations, 2009. Approval operates for two years, remains reviewable for non-compliance or governmental directions, and requires submission of updated fire and pollution-control documentation within six months.