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By: - DEV KUMAR KOTHARI
Depreciation on newly acquired assets is restricted to 50% of the prescribed rate where the asset is acquired during the tax year and put to use for less than 180 days. The 2025 wording omits the expression "for a period" used in the corresponding 1961 provision. While the earlier expression is understood to refer to the elapsed period of use rather than actual working days, the revised wording may support an interpretation based on actual operational days, potentially causing disputes over full-year depreciation eligibility.
By: - Raj Jaggi
Rule 26(3) makes authentication of GST notices and adjudication orders mandatory through the prescribed signature or verification method. Portal upload, reference numbers, electronic generation, and an officer's authenticated login may evidence system access or transmission, but cannot replace authentication of the statutory document. Complete absence of authentication is a foundational defect: the notice or order is non est, cannot be cured as a minor procedural error, and cannot sustain recovery founded on it.
By: - Bimal jain
The Hon'ble Madras High Court (Division Bench) in Principal Commissioner of Customs, Chennai Versus Shri Vikram Jain - 2026 (8) TMI 1016 - MADRAS HIGH COURT set aside the order of the Learned Single Judge directing return of the seized currency and held that Indian currency seized during the investigation of fraudulent claims under the Amnesty Scheme of the Directorate General of Foreign Trade ("DGFT"), where such currency constituted evidence of Hawala transactions and illegal gratification, is... ... ...
By: - Vivek Jalan
The Supreme Court in Vijay Ghanshyam Gadiya Versus Union Of India & Anr. - 2026 (9) TMI 363 - Supreme Court has laid down a landmark principle: reliance on unverified, AI generated case laws or citations is impermissible and can itself be a ground to set aside judicial or quasi judicial orders. This ruling reflects the judiciary's growing concern over the phenomenon of "AI hallucination," where non existent precedents are fabricated and presented as authoritative. The Supreme C... ... ...
By: - Raj Jaggi
Why Authentication Matters in an Electronic GST System GST administration is largely electronic-returns, replies and appeals are filed online, while notices and orders are increasingly generated and communicated through the GST portal. In this environment, proper authentication determines whether an electronic document can be legally attributed to the taxpayer or the officer concerned. Terms such as digital signature, electronic signature, e-Sign, EVC and scanned signature are often used i... ... ...
By: - DR.MARIAPPAN GOVINDARAJAN
In Ernst & Young LLP Versus Mobase Electronics India Private Limited, Thiruvallur - 2026 (9) TMI 1218 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAI, the respondent corporate debtor was incorporated as a Private Company, under the Companies Act, 2013 on 24.10.2024. The Authorised capital of the corporate debtor is Rs.211 crores and paid up capital of the company is Rs.209.32 crores. The petitioner filed the present petition before the National Company Law Tribunal ('NCLT' for short) under section 9 of... ... ...
Post-conviction settlement cannot reopen a final cheque-dishonour conviction through inherent jurisdiction after merits-based revision has concluded.
Post-conviction settlement cannot support compounding of a cheque-dishonour offence once a merits-based revision has finally affirmed the conviction and sentence. Inherent jurisdiction under Section 482 CrPC and Section 528 BNSS does not permit review, alteration, or nullification of a final judgment of a co-ordinate Bench. After final disposal, the Court is functus officio except to correct clerical or arithmetical errors. A later settlement therefore does not revive the concluded proceeding, leaving the final conviction and sentence unaffected.
Compensatory taxation requires measurable equivalent benefits and scrutiny of entry-tax validity under constitutional non-discrimination standards.
Compensatory tax on the entry of goods into a local area is examined through the direct and immediate effect test and the principle of equivalence. The State bears the burden of establishing a quantifiable and measurable benefit corresponding to the levy. Key constitutional questions include the validity of retrospective validating legislation under Entry 52 of List II and whether entry tax satisfies Article 304 requirements of non-discrimination, reasonableness and public interest.
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CENVAT credit - denial despite production of supporting invoices CENVAT credit on the basis of invoices - Penalty for alleged wrongful availment of CENVAT credit - Entitlement to CENVAT credit where the relevant supporting invoices were supplied in response to the audit objection but were not considered by the authorities. - HELD THAT: - The relevant invoices on the basis of which CENVAT credit was availed had been furnished to the authorities and were available on record. Denial of credit wi... ... ...
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CENVAT credit on commission-based sales promotion and trade-association membership - CENVAT credit on detention charges for imported raw materials - CENVAT credit on insurance of factory assets and goods - CENVAT credit on canteen and employee transport services - Penalty for irregular CENVAT credit without fraud, collusion or misstatement CENVAT credit on commission-based sales promotion and trade-association membership - CENVAT credit on brokerage and commission and membership fees paid for... ... ...
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Refund of accumulated Cenvat credit on exported goods - One-to-one correlation between inputs and exports - Repayment of drawback and Cenvat credit refund - Finality of unchallenged findings in remand proceedings - Consequential effect of final appellate orders Refund of accumulated Cenvat credit on exported goods - One-to-one correlation between inputs and exports - Verification report - Refund of accumulated Cenvat credit on exported readymade garments denied for want of item-wise correlati... ... ...
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CENVAT credit on duties paid upon debonding of a 100% EOU Eligibility of CENVAT credit on duties paid on raw materials/inputs and capital goods upon debonding of a 100% EOU and its conversion into a DTA unit - HELD THAT: - Rule 3 confers the substantive entitlement to credit, while Rule 9 governs the documentary basis for its availment. Following Stanadyne Amalgamations (P) Ltd. [2019 (8) TMI 572 - MADRAS HIGH COURT] and AVO Carbon (India) Pvt. Ltd [2024 (8) TMI 1205 - CESTAT CHENNAI] the ... ... ...
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Delayed payment of compounded levy duty - Packing machines available for production - Applicability of the seventh proviso to Rule 9 - Sealed packing machines Applicability of the seventh proviso to Rule 9 to delayed payment of pan masala duty where only the declared machines were operated and the other machines were sealed or inoperative - HELD THAT: - The second and seventh provisos operate in distinct fields. The second proviso governs delayed payment of determined duty by requiring paymen... ... ...
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Service-tax exemption equivalent to R&D cess on imported technology - Availability of exemption under Notification No. 17/2004-ST where R&D cess on imported technology was paid after service tax had been discharged HELD THAT: - R&D cess was required to be paid before making payment for the import of technology, and the exemption was confined to service tax equivalent to cess paid. Although the appellants claimed the exemption before remitting the cess, the subsequent payment of cess did not d... ... ...
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Extended limitation for service tax on seconded manpower - Validity of invoking the extended limitation period for service tax on manpower supplied by an overseas holding company under a master service agreement HELD THAT: - Applying the Supreme Court principle in M/S NORTHERN OPERATING SYSTEMS PVT LTD. [2022 (5) TMI 967 - SUPREME COURT] that an assessee's view regarding liability, when neither untenable nor mala fide, does not establish wilful suppression or deliberate misstatement, the ... ... ...
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Service tax on installation of computer systems as electronic devices - Reverse-charge liability on imported maintenance or repair services - CENVAT credit - adjudication beyond show-cause notice - CENVAT credit - nexus of input services - Extended limitation - absence of suppression Service tax on installation of computer systems as electronic devices - Prospective taxability of erection, commissioning and installation services - Service-tax liability on installation of computer systems duri... ... ...
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Service-tax exemption for construction of dams - Revised Form 26AS and differential taxable value - Extended limitation and suppression of facts Service-tax exemption for construction of dams - Entitlement to service-tax exemption for services rendered in construction of dams at Aland and Jambaga - HELD THAT: - The work orders subsequently produced established that the services were for construction of dams. Since the benefit under Notification No. 25/2012-ST had been allowed for comparable d... ... ...
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Extended period of limitation - Incorrect service-tax registration number in ST-3 return - Invocation of the extended period for service-tax demand where tax payment was reported under the incorrect unit registration number HELD THAT: - The Tribunal found that the appellant had regularly filed service-tax returns and that the payment was reflected in the ST-3 return, though against the registration number of its other unit. As Revenue did not dispute payment of the service tax, the incorre... ... ...
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Service-tax demand on goods transport agency services based on Form 26AS - Reverse-charge liability of service recipient - Sustainability of service-tax demand on a goods transport agency based on Form 26AS data without verifying whether the identified service recipients had received the services and discharged tax under reverse charge - HELD THAT: - The appellant had furnished particulars of the service recipients. Since service tax on the goods transport agency services was payable by the r... ... ...
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Refund of service tax paid on CIF ocean freight - statutory limitation - Constitutional refund claims outside statutory jurisdiction Refund of service tax paid on CIF ocean freight under reverse charge, claimed beyond one year from payment-applicability of the statutory limitation - HELD THAT: - The statutory refund provision fixes the date of payment as the relevant date. The amount was paid as service tax following the audit objection, while the refund claim was filed after expiry of one ye... ... ...