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Sufficient cause under limitation law covers bona fide jurisdiction-transfer and approval delays, favouring substantial justice over time-bar dismissal.
Sufficient cause for condoning a 341-day delay in an income-tax appeal may arise from bona fide administrative complexity after an inter-state transfer of jurisdiction following a search. Reconciliation and transfer of judicial records, together with consequential hierarchical approvals, are relevant factors under Section 5 of the Limitation Act. Substantial revenue and proposed legal questions support a pragmatic limitation analysis focused on substantial justice rather than time-bar dismissal.
Personal hearing before finalisation of bills of entry required after prolonged customs inaction, while merits and rights remain open.
Finalisation of pending bills of entry was required after customs authorities remained inactive following the importer's limited request for time to submit documents in a Special Valuation Branch matter. The importer was to receive advance notice and a personal hearing, with written submissions permitted thereafter, before orders finalising the bills of entry. The arrangement addressed procedural completion only: all rights and contentions on customs valuation remained open, and no view was expressed on the merits.
Indexed acquisition cost includes proven additional property consideration, even when the registered purchase deed records a lower amount.
Indexed cost of acquisition must reflect the total actual consideration paid to acquire the same property, rather than being confined to the amount recorded in the registered purchase deed. A taxpayer claiming a higher acquisition cost must establish that the additional payment was made towards that property through documentary evidence. A lower registered-deed value, including one reflecting understatement for stamp-duty purposes, does not by itself justify reducing the actual acquisition cost for income-tax computation. Once additional consideration is proved, it must be included in the indexed cost of acquisition.
FEMA / RBI
Dated:- 19-9-2026
PTI
Zero Forex Markup applies automatically to international transactions made through all existing and new credit cards, without a new-card application, upgrade, spending threshold or other stated condition. International card spends do not attract forex markup charges. Reward Points or Cashback, where applicable to the relevant card, continue on international transactions. Existing credit cards may be used for overseas and cross-border payments without requiring a separate forex card solely to avoid such charges.
Curable cause-title amendments and specific Section 141 averments can sustain cheque-dishonour proceedings pending trial where no prejudice arises.
Formal amendment of a cheque-dishonour complaint's cause title may cure a simple defect where it causes no prejudice and does not alter substantive allegations. For vicarious criminal liability under Section 141, the firm must be implicated as the primary offender and the complaint must specifically state each accused person's role and responsibility. Identification of the firm as cheque drawer, the authorised signatory as issuer, and the proprietor as involved in transactions may support issuance of process under Section 204. Role-based defences ordinarily require trial evidence unless sterling, incontrovertible material negates the allegations.
Circular No. CCT/26-4/2023-24/G/2613 Dated:- 1-11-2023 Goa SGST Dated:- 1-11-2023 Goa SGST
GST clarifications on the applicability of tax to certain services apply in Goa mutatis mutandis for implementation of the Goa Goods and Services Tax Act, 2017. The central guidance is adopted for corresponding State GST administration to secure uniform implementation. The taxability treatment contained in those clarifications governs corresponding application under the Goa GST regime, with adaptations required by that framework.
An Ex-Works supply is treated as involving transfer of property and transit risk to the buyer when goods are handed over at the supplier's factory gate. The buyer remains liable for transit loss or damage, while insurance proceeds received by the supplier are fully returned to the buyer. The arrangement is treated as deemed receipt of goods for input tax credit purposes and as a standard EXW contract.
Circular No. CCT/26-4/2022-23/F/3307 Dated:- 7-2-2023 Goa SGST Dated:- 7-2-2023 Goa SGST
GST applicability clarifications regarding certain services are made applicable, mutatis mutandis, to implementation of the Goa Goods and Services Tax Act, 2017. The adoption extends the central GST clarification issued under the Central Goods and Services Tax Act, 2017 to the corresponding State GST framework.
Notification No. IFSCA/GN/2026/16 Dated:- 8-9-2026 Indian Law
Electronic trading platforms in an IFSC require registration unless an express exemption applies. Registration depends on financial soundness, governance, risk controls, business viability, net worth and continuing fit and proper status. Operators must maintain fair trading rules, participant due diligence, surveillance, market-abuse controls, resilient systems, algorithmic-trading safeguards, approved clearing and settlement arrangements, business continuity, cyber resilience and a compliance officer. They must preserve secure platform data, submit required returns and audited financial statements, and cooperate with supervisory inspection, inquiry, investigation and audit.
Circular No. CCT/26-4/2022-23/F/1742 Dated:- 14-9-2022 Goa SGST Dated:- 14-9-2022 Goa SGST
GST classification confirms that electrically operated vehicles supplied without batteries remain taxable at the concessional rate, while minor-polished Napa stones retain concessional treatment. Fresh mangoes and treated sewage water are exempt; sliced dried mangoes receive concessional treatment, whereas other dried mango forms, including mango pulp, attract the standard specified rate. Nicotine Polacrilex gum is taxable at 18%. The fly ash-content condition applies only to fly ash aggregates, not bricks or blocks. Pulse-milling residues such as chilka, khanda, and churi fall under heading 2302, attract 5%, and past treatment is regularised on an as-is basis.
Show-cause notice adjudication became the alternative remedy after petitioners withdrew their challenge to customs proceedings.
Customs show-cause notice challenging export-related proceedings was not pursued after the respondents agreed to consider the alternative request for adjudication by the competent customs authority. The petition had also sought cancellation and return of bonds and bank guarantees furnished for provisional release of goods, together with a stay of further proceedings. The petitioners then chose not to press the challenge at that stage, and the petition was disposed of.
Notification No. S.O. 5109(E) Dated:- 17-9-2026 Labour laws
The wage ceiling for Chapter III of the Code on Social Security, 2020 is fixed at Rs. 25,000 per month for provident fund scheme applicability and related EPF contributions. It takes effect upon publication in the Official Gazette. The earlier wage-ceiling notification is superseded without affecting prior actions or omissions.
Charitable Exemption and Valuation References: specified-person benefits are taxable only to their value; invalid references cannot support additions.
Charitable exemption under Sections 11 and 12 remains available except to the extent of the benefit conferred on a specified person where trust resources, such as unpaid security-guard services, are used without adequate consideration under Section 13(2)(d); taxation is limited to the value of that benefit. For valuation references made before 1 October 2014, rejection of books of account was necessary before a valid reference could be made under Section 142A. Section 142A(2), permitting a reference irrespective of the accounts' correctness or completeness, applies only from that date. A construction-cost addition based solely on a valuation report from an invalid reference lacks support without independent corroborative material.
Circular No. CCT/26-4/2022-23/F/3304 Dated:- 7-2-2023 Goa SGST Dated:- 7-2-2023 Goa SGST
Statutory GST dues of taxpayers whose insolvency proceedings have been finalised are to be treated under the Goa GST Act in accordance with the corresponding central GST clarification, applied mutatis mutandis. The guidance is clarificatory and seeks uniform treatment, with implementation difficulties referable to the Commissioner of State Taxes.
Circular No. CCT/26-4/2022-23/F/1740 Dated:- 17-9-2022 Goa SGST Dated:- 17-9-2022 Goa SGST
GST applies to payments for refraining, tolerating or doing an act only where an express or implied agreement creates a specific obligation and consideration is paid for an independent supply. Liquidated damages, statutory penalties, cheque-dishonour fines, employment-bond recoveries and compensation for breach are not taxable where they merely compensate loss, deter default or penalise violations without any reciprocal supply. Conversely, late-payment fees, early-termination charges and cancellation amounts may be ancillary consideration naturally bundled with the principal supply and are assessed according to that supply.
Article By: - DEV KUMAR KOTHARI Dated:- 19-9-2026
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Income Tax
Depreciation for power undertakings is calculated on the actual cost of individual assets, with separate written-down values and terminal-depreciation deductions where disposal proceeds fall short and the deficiency is written off. Rule 25 nevertheless permits a timely, irrevocable election for written-down-value depreciation under Appendix I instead of Appendix II from the first power-generation tax year. This raises a question whether the rule-based election is authorised where the statutory provision does not expressly provide for it.
By: - Sadanand Bulbule
GST audit and tax adjudication must remain institutionally separate where an audit under Section 65 identifies alleged unpaid or short-paid tax. The audit function culminates in Form GST ADT-02, while Sections 73, 74 and 74A require an independent proper officer to consider the show-cause notice, taxpayer's reply, evidence, and hearing. Combining both functions in the same officer is characterised as institutional bias and a breach of nemo judex in causa sua and natural justice. Where statutory appeal limitation has expired, writ jurisdiction may be invoked for a foundational jurisdictional defect, subject to delay, laches, and acquiescence.
By: - K Balasubramanian
GST adjudication and first-appeal orders must comply with personal-hearing requirements under section 75(4). A deferred hearing without communication of the next date, or an order without a hearing, creates a procedural defect. Section 126 protects against penalties for minor curable procedural lapses and requires proportionality. Enhanced penalties under section 74 require positive proof of deliberate suppression; audit mismatches and payments before a show-cause notice without such proof do not justify those penalties.
By: - Bimal jain
Section 122 penalty notices issued before October 1, 2025 raise a function-specific proper officer question requiring examination of the statutory notifications, the later circular, and the relationship between Sections 73, 74 and 122. The objection is not treated as a patent absence of jurisdiction and may be examined in a Section 107 appeal along with natural justice, multiple-penalty and taxable-person grounds. Appeals arising from pre-October 1, 2025 show-cause notices remain governed by the earlier Section 107(6) pre-deposit framework, notwithstanding later adjudication orders.
By: - DrJoshua Ebenezer
Voluntary AEO cooperation is structured around expanding MSME participation, preparing programmes for bilateral mutual recognition, and ensuring that recognition produces border-level facilitation. The HELP approach combines handholding, expanded benefits, lower entry barriers and process simplification without reducing safety, security or validation standards. Programme comparison, legal information exchange, validation, digital AEO identification, data-sharing templates, risk treatment, border instructions and aggregated performance data are intended to support operational mutual recognition while preserving each administration's autonomy.