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Notification No. F A 3-33/2017/1/V(4) Dated:- 24-2-2025 Madhya Pradesh SGST
Madhya Pradesh SGST rate notification is amended to insert Fortified Rice Kernel (FRK) under the 2.5% Schedule and include FRK in the relevant 9% Schedule entry. The explanation of "pre-packaged and labelled" is substituted to cover retail-sale commodities in packages of not more than 25 kg or 25 litres that are pre-packed and required to bear legal metrology declarations. The amendments are deemed effective from 16 January 2025.
FEMA / RBI
Dated:- 5-8-2026
PTI
Foreign exchange market movement saw the rupee appreciate against the US dollar in early trading, supported by lower crude oil prices, a softer dollar index, domestic equity gains and net foreign institutional investment. Market attention centred on the Reserve Bank of India's monetary policy decision, with expectations of an unchanged benchmark repo rate. Policy communication on inflation and developments in Hormuz-related talks were identified as factors that could influence the rupee's direction.
By: - Jayaprakash Gopinathan
Administrative discretion must serve statutory purpose, legality, proportionality, reason and public interest, not departmental prestige or institutional rivalry. Government agencies should resolve differences through coordination, consultation and reasoned legal interpretation rather than prolonged confrontation. Litigation is appropriate only where law and public interest require it. Officers must act objectively, fairly and impartially, recognising that firm regulatory enforcement differs from obstinacy. Legitimate trade facilitation and revenue protection are complementary statutory functions.
By: - Raj Jaggi
Legacy Service Tax appeals require issue-based forum selection. Appeals involving ordinary substantial questions of law follow the High Court route, while disputes concerning taxability, classification, rate, valuation, or assessment-linked questions fall within the specialised Supreme Court route. Taxability is connected with rate and assessment because it determines whether the levy applies at all. Saving provisions preserve pending Service Tax proceedings and remedies but do not change the applicable appellate mechanism. Filing before an incorrect forum may cause delay and limitation-related concerns without determination of the merits.
By: - Dr. Sanjiv Agarwal
Intelligence-based GST enforcement may be initiated by either the Central or State tax administration irrespective of taxpayer assignment. The authority commencing action may investigate, issue a show cause notice, adjudicate and recover. Parallel adjudicatory proceedings on the same subject matter are barred. Proceedings formally commence through issuance of a show cause notice; summons, searches, seizures and preliminary inquiries do not independently constitute adjudicatory proceedings. Both administrations may investigate until identical liability and contravention are established, but duplicate adjudication after an existing show cause notice is not permitted.
By: - Raj Jaggi
Avoidable remand in tax appeals may prolong litigation where the appellate record permits application of settled precedent. Remand may be appropriate for necessary factual verification, unexamined documents, denial of opportunity, or defects requiring fresh adjudication, but should not be a routine disposal method where the appellate forum can decide the merits. A specialised appellate forum should address applicable precedent, relate it to the established facts, and issue a speaking order. Where the law is settled and the record is sufficient, a final reasoned determination promotes finality and reduces repetitive proceedings.
By: - Sadanand Bulbule
Capacity-based cess on pan masala pouch-packing machines is criticised as inconsistent with equality under Article 14 where machines with materially different output capacities attract identical liability. Deemed production and a rigid shutdown-based abatement condition may burden genuine manufacturers whose actual production is substantially lower than presumed capacity. Administrative difficulty in detecting tax evasion cannot replace rational classification, verifiable operational metrics, supply-chain tracking, and field verification. Public-health regulation should remain direct and should not depend on presumptive taxation of harmful commodities.
By: - DEV KUMAR KOTHARI
The Income-tax Act, 2025 uses "irrespective of" in place of "notwithstanding" in provisions corresponding to overriding clauses under the Income-tax Act, 1961. "Notwithstanding" is an established device for creating exceptions and giving a provision overriding effect over competing provisions. Although "irrespective of" may communicate a similar sense, its legal operation must be determined from the provision's wording, context, statutory setting, and purpose. The terminology shift may require fresh interpretation of the intended exception or overriding effect.
By: - YAGAY and SUN
International trade risk management requires a continuing process of identifying, assessing, prioritising, mitigating and monitoring cross-border financial, commercial, legal, political, logistical, compliance and cybersecurity risks. Businesses should conduct counterparty and country due diligence, use secure payment mechanisms and foreign exchange hedging, document contracts with governing-law and dispute-resolution provisions, diversify suppliers and transport routes, obtain appropriate insurance, and maintain accurate customs documentation. Predictive tools, including data analytics, supply-chain monitoring and scenario planning, support early detection of currency, market, political and operational disruptions.
By: - YAGAY and SUN
Pharmaceutical export procedures distinguish manufacturers, merchant exporters, and exporters of unapproved, new, or banned drugs. Manufacturers of approved products upload prescribed documents through e-Sanchit and generally need no separate Assistant Drugs Controller clearance. Merchant exporters require a regulatory No Objection Certificate, on which Customs ordinarily relies without duplicate document verification. Exporters of unapproved, new, and banned drugs must obtain a CDSCO certificate before seeking a Manufacturing Licence, ensure Shipping Bill details match it, and obtain amendments for buyer or purchase-order changes. A limited transitional relaxation applies until 30 September 2026.
By: - YAGAY and SUN
Customs administration of temporarily imported duty-free containers is being digitised through electronic monitoring and automated Continuity Bond management. Manual Container Movement Permission is discontinued, while manually executed Continuity Bonds must be registered in the Indian Customs EDI System for automated bond debits and credits through electronic manifests. Pending complete automation, stakeholders must submit electronic quarterly bond and container-status reports. Bond holders remain responsible for timely re-export, accurate records and fulfilment of exemption conditions; non-compliance may lead to bond enforcement, duty recovery with interest and penal proceedings.
Cheque execution presumptions require cogent rebuttal, while revisional review cannot reassess evidence absent perversity in concurrent cheque dishonour findings.
Admission of cheque execution triggers statutory presumptions of consideration and discharge of legally enforceable liability in dishonour proceedings. Those presumptions require cogent rebuttal evidence; an unsupported claim that a blank cheque was given as security, a delayed demand for its return, failure to respond to the demand notice, and unproved allegations of the complainant's financial incapacity do not displace them. Revisional jurisdiction remains supervisory rather than appellate: concurrent factual findings should not be overturned by reassessing evidence unless they are perverse, grossly erroneous, unsupported by material, omit relevant material, or reflect arbitrary discretion. The stated principles support restoration of the concurrent conviction for cheque dishonour.
Effective service of show-cause notice is essential; assessment without notice and response opportunity requires fresh adjudication.
Effective service of the material show-cause notice and assessment order is necessary to provide notice and a meaningful opportunity to respond. Where the assessee was unavailable at its principal place of business, the later notice could not be served, and the registered postal cover containing the assessment order was returned, the assessee did not receive either the notice preceding assessment or the assessment order. The resulting denial of notice and opportunity to respond violates principles of natural justice. Such an assessment must be set aside and remitted for fresh adjudication after due notice.
Revisional powers cannot reopen final assessments on changed opinion; non-imported certified sowing seeds remain purchase-tax exempt.
Revisional jurisdiction cannot reopen a concluded assessment merely because the authority prefers a different applicable determination order; where the appellate authority considered the relevant exemption notifications and its order attained finality, such revision is an impermissible change of opinion. The analysis further states that processed and quality-tested certified seeds developed under a supervised research and development programme for farmers' sowing qualify for exemption where they are non-imported and intended for sowing. On these stated grounds, the Tribunal's deletion of additional tax, interest and penalty was sustained.
Inevitable by-products and job-worked coke remain outside exempt-product reversal and captive-consumption valuation rules in further manufacturing arrangements.
Inevitable coal gas arising during coke manufacture is a by-product rather than a final product, so the payment mechanism for exempted final products under Rule 6(3) of the Cenvat Credit Rules does not apply. Coke produced on job work and returned to the principal manufacturer for further manufacture is neither sold by the job worker nor consumed by or on behalf of that job worker; captive-consumption valuation under Rule 10A(iii) read with Rule 8 is therefore inapplicable. Valuation based on raw-material cost and job-work conversion charges, adjusted for by-product realisations, supports the duty treatment.
Cenvat credit availment breaches a no-credit excise concession condition, and later reversal cannot restore eligibility or prevent consequential liabilities.
An excise-duty concession subject to a condition that no Cenvat credit be taken is unavailable once credit is recorded and availed in statutory returns. The condition applies to taking credit, not merely using it, and must be strictly complied with by the claimant. Non-utilisation, later reversal, lapse on transition to GST, or migration of credit cannot retrospectively cure the breach or restore eligibility for the concessional rate. Where prohibited credit was availed alongside the concession, differential duty, statutory interest and penalty may follow; audit detection and return filing do not preclude invocation of the extended period.
Classification of specialised poultry cage weld mesh follows its exclusive use as parts of poultry-keeping machinery.
Weld mesh manufactured exclusively as identifiable top, bottom, side, door and partition components of poultry battery cages is described as classifiable as parts of poultry-keeping machinery under CETH 84369100. The competing entry for iron and steel structures applies to structural articles of the specified nature, and the text states that no convincing material or reasoning established that specialised weld-mesh cage components fall within that entry. An earlier poultry-equipment decision was considered inapposite because subsequent appellate proceedings accepted classification under CETH 84369100. Accordingly, rejection of that classification and proposed classification under CETH 73089090 are described as unsustainable.
Extended limitation fails where filed returns negate suppression, and reverse-charge tax cannot be recovered twice from service providers.
Service-tax demands based on third-party income-tax data cannot invoke the extended limitation period where filed ST-3 returns and departmental records disclose the relevant receipts and negate suppression. Manpower-supply service tax paid by recipients under the applicable reverse-charge mechanism cannot be recovered again from the service provider. Timely filed returns also negate late-fee liability. Where the principal demand fails on limitation and merits, consequential interest and penalties have no independent basis and are unsustainable. The service-tax proceedings were nullified, leaving no fiscal liability on the assessee.
Finality of dropped demand and exemption for subcontracted irrigation works contracts defeat service tax under manpower supply classification.
A demand dropped in original adjudication became final because Revenue's appeal did not challenge the classification of office-building works for Haryana State Warehousing Corporation as works contract service; it could not therefore be confirmed on appeal. Subcontracted works contract services for canal, dam and irrigation projects were exempt where the principal contractor's works were exempt and the services fell within the subcontractor exemption under Serial No. 29(h) of Notification No. 25/2012-ST. The demand could not be sustained by classifying those works as manpower supply services. The service-tax demand failed on both grounds, without deciding limitation.
Extended limitation requires intentional suppression; disclosed weighbridge receipts and a bona fide interpretive mistake rendered the service-tax demand time-barred.
Extended limitation for recovery of service tax on weighbridge-service receipts cannot be invoked where the assessee was registered, regularly filed returns, paid tax on other taxable services, and recorded the receipts in its financial records. The material did not establish suppression of facts with intent to evade tax; the non-payment was treated as a bona fide mistake in a dispute involving legal interpretation and detected during audit. The service-tax demand was therefore time-barred.