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2022 (3) TMI 1675
Case Laws Income Tax
Agricultural land classification depends on investment-versus-trading intent, with factual assessment of capital gains or business income left undisturbed.
Classification of agricultural land as a capital asset depends on whether it was held as an investment or acquired and dealt with for trading. The resulting receipts may be assessed as capital gains or business income based on the overall facts and circumstances. The Supreme Court found no ground to interfere with the High Court's determination and dismissed the special leave petition.

Circular No. 47/2018 Dated:- 30-5-2018 Trade Notice Dated:- 30-5-2018 Trade Notice
Direct Port Delivery (DPD) guidelines for Authorised Economic Operator (AEO) status holders are modified by omitting paragraph 11(i) of the earlier framework. All remaining conditions governing DPD for AEO status holders continue unchanged. Implementation difficulties may be raised with the Commissioner of Customs (Port), Kolkata.

Notification No. SEBI/LAD-NRO/GN/2026/315 Dated:- 14-9-2026 SEBI
Recognition under section 4 of the Securities Contracts (Regulation) Act, 1956 is renewed for Metropolitan Stock Exchange of India Limited in respect of contracts in securities for one year, from 16 September 2026 to 15 September 2027. The Exchange must comply with conditions prescribed or subsequently imposed by the Securities and Exchange Board of India.

Notification No. 38/1/2017-Fin(R&C)(281)/26798 Dated:- 10-10-2024 Goa SGST
GST tax-deduction-at-source obligations are extended to any registered person receiving supplies of metal scrap, classified under Chapters 72 to 81 of the First Schedule to the Customs Tariff Act, 1975, from another registered person. The exclusion for supplies between specified persons does not apply to the newly inserted metal-scrap recipient category. The amendment takes effect immediately.

Notification No. FA-3-2/2017/1/V(6) Dated:- 6-3-2026 Madhya Pradesh SGST
Section 107 of the Madhya Pradesh Goods and Services Tax Act, read with Rule 109A, authorises designated State Tax officers to act as Appellate Authorities for GST appeals. Territorial jurisdiction is allocated across Bhopal, Jabalpur, Gwalior, Indore, Ujjain, Khandwa, Satna, Sagar and Chhindwara divisions, including specified Anti-Evasion Bureaux. Indore assignments are divided among its divisions, designated circles, the Pithampur Circle and Anti-Evasion Bureau Indore-A and Indore-B. Earlier departmental authorisations for these appellate assignments are superseded.

Notification No. 75/2026 Dated:- 15-9-2026 Customs - Non Tariff
Customs tariff values are revised for specified edible oils, brass scrap, gold and silver through substituted valuation tables. The revised framework covers designated palm oils, palmolein, crude soybean oil and brass scrap, while prescribing values for eligible gold imports, specified gold bars and coins, gold findings, and specified forms of silver. Gold and silver entries remain subject to stated purity, form and import-mode exclusions. Areca nut tariff value remains unchanged. The substituted tariff-value tables take effect from 16 September 2026.

Notification No. 38/1/2017-Fin(R&C)(280)/26797 Dated:- 10-10-2024 Goa SGST
Goa has inserted a proviso under the statutory framework issued pursuant to section 23(2) of the Goa Goods and Services Tax Act, 2017. Persons engaged in supplying metal scrap classified under Chapters 72 to 81 of the First Schedule to the Customs Tariff Act, 1975, are excluded from its scope. The amendment takes effect immediately.

PMLA / Black Money
Dated:- 16-9-2026
PTI
Money-laundering proceedings under the Prevention of Money Laundering Act concern alleged land grabbing through forged board resolutions, forged-sale agreements, fabricated deeds, and falsified property records. The alleged conduct includes manipulation of land records, civil proceedings based on false claims, denial of landowners' lawful entitlements, and threats or physical force against persons asserting legitimate rights. The investigation is linked to multiple police FIRs concerning the individual and associated entities.

Notification No. 38/1/2017-Fin(R&C)(279)/26745 Dated:- 7-10-2024 Goa SGST
Goa appoints 1 April 2025 as the date from which the Authority under section 171 of the Goa Goods and Services Tax framework will cease accepting requests to examine anti-profiteering concerns. The discontinued mechanism concerns whether input tax credits availed by a registered person, or a tax-rate reduction, have resulted in commensurate price reductions for goods or services. The appointment is deemed effective from 30 September 2024.

Customs, DGFT & SEZ
Dated:- 16-9-2026
External trade estimates for April-August 2026-27 show combined merchandise and services exports of US$399.27 billion and imports of US$459.65 billion, with a trade deficit of US$60.38 billion. Merchandise exports reached US$215.91 billion, while services exports were estimated at US$183.36 billion. Non-petroleum exports increased to US$180.61 billion. Growth in August merchandise exports was driven by electronic goods, petroleum products, engineering goods, chemicals, and cotton yarn, fabrics, made-ups and handloom products. Services-sector figures for August were estimated using data available through July.

Notification No. 38/1/2017-Fin(R&C)(278)/26744 Dated:- 7-10-2024 Goa SGST
Anti-profiteering jurisdiction is vested in the Principal Bench of the Appellate Tribunal to examine whether a registered person has passed on the benefit of input tax credits or tax-rate reductions through a commensurate reduction in the prices of goods or services supplied. The empowerment operates under the Goa goods and services tax framework, read with the Central Goods and Services Tax Act.

FEMA / RBI
Dated:- 16-9-2026
PTI
Rupee depreciation against the US dollar in early trading reflected pressure from a stronger dollar and net foreign fund outflows, notwithstanding support from positive domestic equity-market performance. Dollar strength was associated with market expectations of a US Federal Reserve interest-rate increase to address inflation linked to higher oil prices. Elevated crude oil prices and risks to oil exports remained concerns, while domestic equity gains provided countervailing support.

GST
Dated:- 16-9-2026
The investigation concerned alleged fraudulent availment and passing on of inadmissible input tax credit through bogus invoices. Multiple suppliers were identified as non-existent, non-functional, suspended or cancelled, while field verification indicated an absence of genuine business activity at certain declared premises. Input tax credit was allegedly availed without receipt of goods and passed on through invoices without corresponding supplies. Statements recorded during investigation led to the arrest of a firm partner under the CGST Act.

News and Press Release
Dated:- 16-9-2026
UPI person-to-person transactions remain free irrespective of value, and person-to-merchant payments up to Rs.2,000 remain outside the merchant discount rate framework. Small merchants receiving qualifying UPI QR payments under the P2PM category continue to receive zero MDR treatment. MDR applies only to specified merchant payments above the threshold, with separate treatment for essential sectors and capital-market payments. Customers are not liable for MDR, merchants must not pass it on, and UPI application providers may not levy platform fees or hidden charges. MDR revenue supports payment ecosystem participants and small-merchant UPI adoption.

By: - Chitresh Gupta
Proceedings initiated under GST against an amalgamating company after it has ceased to exist are analysed as void ab initio for want of jurisdiction. Section 87 of the CGST Act is a limited deeming provision for inter se transactions during the merger transition and does not authorise notice or adjudication against a non-existent entity. Continued GST registration does not preserve juristic existence after amalgamation. Pre-merger tax liability may be pursued, subject to limitation, against the correct successor entity.

By: - Kameshwar Tiwari
Section 74 of the CGST Act requires factual grounds for fraud, wilful misstatement, or suppression of facts with intent to evade tax before extended limitation may be invoked. Input tax credit mismatches, reconciliation differences, reporting errors, and audit objections may justify verification, but do not by themselves establish deliberate evasion. A show cause notice must identify the alleged suppression, wilfulness, and connection with tax evasion. The Proper Officer must independently assess the facts; protective demands or relabelling a time-barred discrepancy as suppression cannot replace the statutory threshold.

Recent Judicial Developments in GST- Part one.
Articles Goods and Services Tax - GST
By: - K Balasubramanian
GST appeals may be filed in Form GST APL-01 even where a demand order shows NIL or zero demand because tax was paid before the order. Full payment under protest does not preclude a statutory appeal. In goods-detention and penalty proceedings, proper officers must consider e-way bills, invoices and transport documents produced by a claimed owner before determining liability. The discussion also stresses procedural fairness, reasoned administration and proper satisfaction of statutory conditions for invoking fraud- or suppression-based tax-demand provisions.

By: - Raj Jaggi
Direct proceedings under Section 74A may be initiated without prior return scrutiny where independent information indicates wrongful input tax credit, fictitious invoices, non-existent suppliers, or fabricated transactions. Section 61 and Rule 99 remain applicable where return scrutiny has actually been initiated and may be an important safeguard where action rests solely on return-based discrepancies. A show cause notice invoking fraud, wilful misstatement, or suppression must disclose foundational factual allegations, though their truth is determined in adjudication. Independent information permits direct initiation, not determination of liability without a proper hearing and evaluation of evidence.

RECENT DEVELOPMENTS IN GOODS AND SERVICES TAX
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
GST portal functionality permits appeals in Form GST APL-01 against demand orders reflecting NIL or zero demand where the disputed amount was paid before the order was issued. Removal of portal validation restrictions enables taxpayers to pursue their statutory appellate remedy despite the absence of an outstanding quantified demand in the order. For GST registration or amendment in Rajasthan, rent or lease agreements for a principal or additional place of business must be registered with the Sub-Registrar; an unregistered agreement is insufficient.

By: - K Balasubramanian
GST adjudication under section 74A must preserve the taxpayer's statutory period to pay tax and applicable interest without penalty and must comply with principles of natural justice. An adjudication order made before expiry of that period, without a personal hearing, is identified as procedurally unsustainable. Taxpayers may pay undisputed tax with applicable interest within the permitted period to avoid penalty, while tax officials must issue orders only after observing statutory safeguards and should correct procedural errors when identified.

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