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OPPORTUNITY FOR HEARING IN GST MATTERS
Articles Goods and Services Tax - GST
By: - DR.MARIAPPAN GOVINDARAJAN
Section 75(4) requires an opportunity of hearing where a taxable person seeks it in writing or an adverse GST decision is contemplated. The safeguard requires effective notice, proper service, reasonable time to reply and a meaningful chance to present submissions. Failure to provide hearing details, service through an inaccessible portal location, or notice at an incorrect registered email or address may breach natural justice. Conversely, the requirement may be satisfied where adequate hearing opportunities were provided and the taxpayer adopted the written defence as final submissions.

By: - Bimal jain
Consideration of a taxpayer's response to Form GST DRC-01A is integral to adjudication of alleged wrongful input tax credit under Section 74 of the CGST Act. Where invoices, e-way bills and bank statements support the genuineness of purchases and ITC, an authority cannot presume that no response was filed without evaluating that material. Section 75(4) requires a meaningful hearing where an adverse decision is contemplated. An ex parte demand based on an unexamined record may justify a fresh opportunity to produce documents and participate in hearing.

By: - Raj Jaggi
Statutory appeal is ordinarily the proper first forum for GST show-cause notice challenges, including alleged incomplete service, missing relied-upon documents and an incorrect tax period. Such objections remain available before the appellate authority and are not extinguished merely because writ relief is declined. The decisive enquiry is whether the taxpayer understood the allegations, had essential material, received a meaningful opportunity to respond and suffered actual prejudice. Taxpayers should raise defects promptly in writing, seek clarification or documents, participate under protest where necessary, and preserve records supporting non-supply and prejudice.

By: - Anshul Singh Patel
Tax computation under the Income-tax Act, 1961 is controlled by statutory provisions and the real-income principle, not merely by Ind AS or ICDS accounting entries. Notional income from discounting refundable security deposits, amortisation of royalty already taxed, or other temporal accounting allocations does not create taxable income without a real receipt or enforceable right to receive. Asset-related grants must follow the statutory actual-cost mechanism, while Ind AS-ICDS borrowing-cost differences are computational timing differences. A procedural delay in certification cannot defeat a substantive research-and-development deduction where underlying approval is undisputed.

By: - DR.MARIAPPAN GOVINDARAJAN
Imported dry laser imagers that receive digital inputs from imaging systems and print them on film lack independent diagnostic capability and are accessories, not diagnostic instruments or apparatus. Under Chapter 90 Note 2, accessories are classified with particular machines only when suitable for use solely or principally with one machine type or machines under the same tariff heading. Where laser imagers are compatible with medical imaging apparatus under different tariff headings, they fall under the residual heading for unspecified parts and accessories of Chapter 90.

Telecom Tower ITC Victory Survives Supreme Court Review
Articles Goods and Services Tax - GST
Article By: - Raj Jaggi Dated:- 24-8-2026
Got 1 Replies
Goods and Services Tax - GST
Input tax credit on telecommunication towers under section 17(5)(d) requires a prior factual determination of whether a particular tower is movable or immovable property. Exclusion of towers from "plant and machinery" does not itself establish immovability. The inquiry considers annexation, intention, permanence, functionality, dismantlability, relocation, reassembly, and marketability. Only after an asset is found immovable can the blocked-credit provision be applied. The retrospective alignment of statutory terminology does not displace this threshold enquiry. Technical evidence of the tower's design, installation, dismantling, and relocation remains material to any credit claim or denial.

GST ON ROAD CONSTRUCTION AND TOLL COLLECTION SERVICES
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
GST on a DBFOT road concession may arise where toll-collection rights granted to a concessionaire are non-monetary, deferred consideration for highway-construction services. The arrangement may constitute barter, requiring valuation where consideration is not wholly in money. The subcontractor's construction supply to the concessionaire remains distinct from the concessionaire's supply to NHAI. Although road access on payment of toll is exempt, toll rights received as reciprocal or annuity-like consideration for construction form taxable consideration and fall outside that exemption.

By: - Raj Jaggi
GST appeal limitation under Section 107 runs from communication of the order challenged and is not automatically suspended or restarted by rectification under Section 161. Though the Limitation Act does not directly apply to GST appellate authorities and delay beyond the statutory outer limit cannot be condoned, Section 14 principles may exclude time spent pursuing rectification. Exclusion requires the same matter and parties, diligence, good faith and a reasonable basis for a patent error. Rectification cannot be used to reopen disputed merits, introduce fresh evidence or obtain an indirect extension of appeal time.

By: - YAGAY and SUN
Eligible INR export realisations for exports to countries other than Nepal and Bhutan may receive export benefits, incentives, and recognition towards fulfilment of export obligations on par with foreign-currency realisations, where proceeds are received through banking channels by credit to INR accounts of persons resident outside India opened under the applicable deposit regulations. The change applies within the Foreign Trade Policy framework and does not remove scheme-specific conditions, documentation obligations, or FEMA and Reserve Bank compliance. GST refund and zero-rated supply treatment remain governed separately by GST law and applicable procedures.

Layers of Anti-Dumping Duty under Indian Customs Laws.
Articles Customs - Import - Export - SEZ
By: - YAGAY and SUN
Indian anti-dumping duty is a trade-remedy measure requiring legally determined dumping, injury to the domestic industry, and a causal link. The Directorate General of Trade Remedies investigates product scope, normal value, export price, dumping margin, like article, domestic industry, injury, and causation, but its findings and recommendations do not themselves create a levy. Enforceable liability arises through a Central Government notification, after which Customs assesses and collects duty. Importers must verify the notified product scope, origin, export country, producer or exporter identity, applicable rate methodology, effective period, and supporting import documentation.

By: - YAGAY and SUN
Environmental compliance is a continuous corporate legal and governance obligation requiring prior approvals, preventive safeguards, monitoring, documented compliance and remediation throughout a project's lifecycle. Regulated activities should not commence while environmental clearances, consents or other mandatory approvals remain pending, and post-facto regularisation is not an alternative to prior approval. Environmental compensation under the Polluter Pays Principle is restorative and deterrent, with exposure extending to remediation, delays, closure directions and financial risk. Companies should maintain approval matrices, compliance records, periodic audits, environmental due diligence and board-level reporting for material risks.

By: - YAGAY and SUN
Legal Metrology compliance for pre-packaged commodities requires more than correct label content. Applicable declarations, including responsible-person identity and address, net quantity and MRP inclusive of taxes, must be displayed in the prescribed manner on the Principal Display Panel. Net quantity is assessed with the applicable Maximum Permissible Error framework. Revised MRP, unit sale price, QR-code disclosures and wholesale-package treatment require compliance with their specific mechanisms. Registration of manufacturers, packers and importers remains an independent obligation, while sector-specific requirements may apply alongside packaged-commodity controls.

By: - YAGAY and SUN
WFH is a digitally enabled workplace model whose effectiveness depends on technology, organisational capability and the nature of the role. It can reduce commuting, resource use and operating costs while supporting flexibility, global talent access, inclusion and business continuity. Risks include weaker collaboration and organisational culture, employee isolation, blurred work-life boundaries, performance-management difficulties, unequal home-working conditions and cybersecurity and data-protection exposure. Role-based policies are necessary because knowledge-intensive digital work is generally suitable for remote delivery, whereas roles requiring physical presence, specialised equipment or direct services are not. Hybrid work can combine remote focus with on-site collaboration and training.

2026 (8) TMI 1393
Case Laws Indian Laws
Transparent technical evaluation requires disclosed benchmarks and recorded reasons; unexplained scoring invalidates procurement awards and requires fresh tendering.
Public procurement technical evaluations must follow disclosed, objectively verifiable criteria and include recorded, communicated reasons for scoring and disqualification. A challenge to parameter-wise marks is not barred by res judicata where prior proceedings did not assess undisclosed evaluation material and later disclosure creates a fresh cause of action. Judicial review does not reassess technical merits but examines legality of the decision-making process. Unexplained differential scoring of similar bids, undisclosed comparative standards, absent evaluation summaries and inadequate debriefing violate transparency, equality and fair administrative action. Numerical marks alone do not satisfy requirements to record and communicate reasons. The technical evaluations and resulting tender awards were set aside, requiring fresh lawful and transparent procurement while maintaining public-service continuity.

2026 (8) TMI 1394
Case Laws Central Excise
Judicial review of CENVAT-credit adjustment rejection remains limited where Settlement Commission verification reveals no jurisdictional infirmity.
Judicial review of Settlement Commission orders made in discretionary jurisdiction is limited to statutory contravention, prejudice, fraud, bias, mala fides, or comparable jurisdictional defects. The adequacy and evidentiary value of material offered to substantiate reversal of CENVAT credit remain within the Settlement Commission's domain and cannot be reassessed in writ proceedings as though on appeal. A request for statutory records and invoices to verify the reversal was within the scope of an earlier remand permitting further information. As no jurisdictional infirmity was established, rejection of the claimed CENVAT-credit adjustment remained undisturbed.

2026 (8) TMI 1395
Case Laws Service Tax
Imported-goods insurance included in customs value cannot attract a separate reverse-charge service tax levy on the same component.
Service tax under reverse charge was not payable on overseas insurance or comprehensive cover for imported goods where the insurance cost formed part of the customs transaction or assessable value. Although Section 66B and the Place of Provision of Services Rules, 2012 could otherwise treat the recipient's location as the place of provision, a separate levy on the same insurance component was unsustainable when that cost was already included in the imported goods' value and no other taxable service was involved. The reverse-charge demand was therefore unsustainable.

2026 (8) TMI 1396
Case Laws Service Tax
Overburden disposal arrangements attract service tax when third-party sale proceeds compensate performance of a mining lessee's obligation.
Nil-value transfers of overburden styled as sales may constitute taxable declared services where the recipient performs the mining lessee's disposal obligation and collects proceeds from third-party purchasers. Those proceeds form the gross consideration for the service. Periodic royalty and permit fees paid for permission to remove overburden are contractual consideration for mineral rights, not taxes; they fall outside the exemption confined to one-time upfront charges for assignment of natural-resource rights and remain subject to service tax. Nil-value invoices and an asserted sale arrangement that conceal the actual service relationship may support invocation of the extended limitation period for suppression.

2026 (8) TMI 1397
Case Laws Service Tax
Third-party reimbursements excluded from Customs House Agent service value before the prospective valuation amendment took effect.
Pre-14 May 2015 valuation of Customs House Agent services excluded genuine reimbursements of third-party expenses incurred on clients' behalf, where those recoveries were not consideration for the taxable service. Section 67 limited taxable value to the gross amount charged for the service, and Rule 5(1) could not expand that statutory base by adding expenditure incurred in providing it. Recoveries paid to port authorities, steamer agents, CFS operators and other third parties therefore fell outside taxable value. The subsequent amendment including reimbursable expenditure applied prospectively. Consequently, a service-tax demand founded on such reimbursements, along with dependent interest and penalties, was unsustainable.

2026 (8) TMI 1398
Case Laws Service Tax
Show cause notice deficiencies defeat reclassified service-tax demands, while disclosed classification disputes cannot justify extended limitation or penalties.
Service-tax demands require a show cause notice to identify the taxable activity, legal basis and material facts; adjudication cannot sustain liability on a new classification or factual foundation. Accordingly, demands concerning management training, translation and other receipts fail where the notices lacked foundational allegations. Disclosed hall-hire receipts involving a classification dispute do not establish suppression or intent to evade tax, so extended limitation is unavailable; defective pleading also defeats the remaining demand. Japanese-language training qualifies for the separate recreational-training exemption, and a later amendment narrowing vocational training operates only from publication. Without deliberate evasion, penalties are not imposable.

2026 (8) TMI 1399
Case Laws Service Tax
FOR-destination sales can support outward freight credit where transit risk and ownership remain with the seller until delivery.
FOR-destination sales may treat the buyer's premises as the place of removal where contractual and contemporaneous evidence shows that freight is included in the sale value, transit risk remains with the seller, and property passes on delivery. Outward GTA services up to that point qualify as input services for CENVAT credit. Manpower supply used for production, packing, maintenance, storage and related manufacturing activities, and godown or depot rent for storing finished goods, may qualify as input services subject to invoice, tax-payment and procedural verification. Extended limitation for reverse-charge GTA liability requires proof of fraud, collusion, wilful misstatement, suppression, or intent to evade tax; audit detection alone is insufficient.

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