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State tax immunity protects a state-controlled urban improvement trust where its functions are governmental rather than commercial.
Income of a statutory urban improvement trust may be exempt from Union taxation under Article 289(1) where the trust operates as an instrumentality of the State. State-controlled constitution and functions, exercise of municipal powers, public governmental character, and transfer of assets and liabilities to a municipal body on dissolution support that characterisation. Although statutory corporations ordinarily have separate legal personality and their income does not automatically constitute State income, the trust's activities were treated as governmental rather than independent commercial operations. Article 289(2) does not apply where those activities are not a trade or business carried on by or on behalf of the State.
Revisionary jurisdiction fails where CSR deduction follows enquiry and a legally plausible view amid divergent judicial interpretations.
Revisionary jurisdiction requires an assessment order to be both erroneous and prejudicial to the interests of the Revenue. Where assessment records show specific enquiries and responses on a deduction claimed for CSR expenditure, acceptance of the claim may represent a legally plausible view. Divergent Tribunal decisions on the availability of deduction for CSR expenditure support the conclusion that a contrary preferred interpretation alone cannot justify revision. Revision is therefore unsustainable where the assessing authority adopted one legally plausible view after enquiry.
Cash-deposit additions require fresh verification when bank records, sale deeds and deposit reconciliations support an asserted source of funds.
Cash-deposit additions require de novo factual adjudication where bank statements, a sale deed executed by a joint account holder, and deposit-wise reconciliation support the claimed source as agricultural-land sale proceeds. Treating the explanation as unsupported without verifying the documentary material is inappropriate, particularly where the assessment was completed without the taxpayer's participation. Verification of the asserted source must precede determination of the cash-deposit addition.
Incriminating material is essential for search-assessment additions in completed assessments, while unsupported succession breaches cannot deny infrastructure deductions.
Completed or non-abated assessments under Section 153A require genuinely incriminating material indicating undisclosed or escaped income. Corporate records, valuation material and financial statements maintained in the ordinary course, without evidence of income suppression, do not support additions. Denial of Section 80-IA deduction requires an established breach of Section 47(xiii); where the same factual basis shows no breach and no fresh material emerges, the deduction cannot be denied on that basis.
Search additions require corroborative material; cash-purchase and alleged interest-income additions cannot rest on admissions or loose sheets alone.
Search additions for purported non-genuine cash purchases require corroborative incriminating material; admissions made during inquiry, without such material, are not conclusive. Vouchers recorded in regular audited books and VAT records, reconciled with accepted sales and stock, and a prompt affidavit retracting admissions did not establish bogus purchases; the cash-purchase additions were deleted. An unsigned loose sheet and a departmental computer-generated interest calculation did not prove an advance, receipt of interest, or enforceable right to receive interest. The statutory presumption for seized material is rebuttable, and unidentified entries remained a dumb document; the notional interest addition was deleted.
Unexplained money assessment fails where recorded business cash sources support demonetisation-period deposits and no contrary evidence disproves them.
Section 69A applies only where money is unrecorded or the explanation of its nature and source is unsatisfactory. Recorded cash balances, cash-book and ledger entries, audited accounts, bank-deposit records, trade practice, agent confirmation, debtor receipts and retail-sale proceeds supported the explanation that cash deposits during demonetisation arose from business transactions. Receipt or deposit of specified bank notes alone does not establish unexplained money without evidence of unaccounted cash or material disproving the stated source. The cash deposits were satisfactorily explained, making the Section 69A addition unsustainable and liable to deletion.
Domestic disbursement of student aid preserves charitable application in India despite recipients pursuing education abroad.
Approval under section 80G(5) cannot be denied merely because a trust's objects permit financial assistance to Indian students pursuing education abroad. Where grants are released in India, in Indian rupees, to Indian students and no foreign-currency remittance occurs, the income is applied in India. A student's subsequent use of the grant abroad does not amount to application of income outside India for section 11 purposes. In the absence of an adverse finding on the genuineness of activities, amendment of the object clause is not required to satisfy section 80G(5)(i), and refusal of approval is unjustified.
CSR donations meeting Section 80G conditions remain deductible despite business-expense exclusion, limiting revision based on a changed opinion.
Revision under Section 263 requires an assessment order to be both erroneous and prejudicial to Revenue. Where scrutiny records show that the assessing officer called for and examined evidence supporting a Section 80G claim, acceptance may represent a conscious, legally sustainable view even without detailed reasons in the assessment order; inadequate inquiry or a different view alone does not justify revision. Explanation 2 to Section 37(1) excludes CSR expenditure as a business expense but does not displace a separate Chapter VI-A deduction. CSR payments meeting Section 80G conditions, made without reciprocal benefit from the donee, may qualify as donations despite being mandatory.
Mining licence renewal costs are capitalised as intangible assets and recovered through depreciation, not current revenue deductions.
Stamp duty paid to renew a mining licence is capital expenditure where it is substantive consideration for a transferable right to extract minerals and provides an enduring business benefit. Its label as stamp duty, term-based character, and recurring nature do not alter that character; it is not a current deduction under Section 37(1). The capitalised renewal cost forms the cost of an intangible business asset eligible for depreciation under Section 32 and Rule 5. Suspension of mining operations does not allow immediate deduction of the full unamortised balance; recovery occurs through depreciation at the prescribed rate.
Section 153C jurisdiction fails when satisfaction does not link seized material to the other assessee.
Section 153C jurisdiction requires the Assessing Officer of the searched person to record a valid satisfaction linking seized material to the other assessee. The satisfaction must identify whether the material belongs to, pertains to, or relates to that assessee. Failure to specify this statutory nexus is a fatal jurisdictional defect under a strict interpretation of Section 153C. Assessments initiated without such valid satisfaction are invalid and liable to be quashed.
Year-specific satisfaction for search assessments is necessary; a consolidated note based only on regular ledger entries cannot establish jurisdiction.
Section 153C jurisdiction requires a separate, year-specific satisfaction note for each relevant assessment year. A consolidated note covering multiple years does not meet that requirement where it fails to record distinct satisfaction for each year. Regular ledger entries and ordinary books of account, without an explanation of their incriminating character, do not establish the necessary jurisdictional foundation. Reliance on a consolidated satisfaction note based solely on such ledger material therefore invalidates the assumption of jurisdiction.
Judicial discipline pauses reassessment proceedings while identical notice-validity issues await final resolution in pending litigation.
Judicial discipline required deferral of a challenge to a reassessment notice because the identical validity issue was pending before the Supreme Court. To avoid multiplicity of litigation, proceedings before the competent authority were stayed until final determination of that issue. The final Supreme Court decision will govern the reassessment challenge.
Consensual remand requires merits adjudication where the Tribunal decided only the DIN technical objection in income-tax matters.
Consensual remand required the income-tax matters to be determined on their merits because the Tribunal had addressed only the technical objection concerning the Document Identification Number (DIN). The matters were returned to the ITAT for merits adjudication, with the DIN objection excluded from consideration. The pending tax disputes will therefore be resolved on substantive grounds rather than the unaddressed technical issue.
Typographical corrections rectify appeal numbers and add an omitted appeal reference in the cause title of a tax order.
Typographical corrections rectify the cause title of a tax order by replacing an incorrect tax appeal number with the correct number and inserting a previously omitted tax appeal number before the identified cross-objection. The corrected order is to reflect both amendments, and a corrected copy is to be uploaded to the website.
Concurrent GST proceedings face interim restraint where overlapping State notices and alleged fraud reclassification require examination.
Further action under the DGGI show-cause notice was restrained until the next hearing. The proceedings raise whether a DGGI notice may continue where earlier State GST notices concern common parties and transactions, including the effect of the statutory bar against parallel proceedings under Section 6(2)(b). They also raise whether proceedings initiated under Section 73 may be pursued on allegations of fraud, wilful misstatement or suppression that could bring Section 74 into consideration, and whether self-assessment through shipping bills had attained finality. No final determination was made on these issues.
GST transition adjustments in government works contracts require reimbursement and supplementary agreements reflecting revised tax-inclusive contract values.
Government works contracts affected by the transition to GST require identification of the affected work, calculation of the differential GST incidence, and revision of contractual values where required. Employer departments must reimburse the GST or differential tax payable by contractors and record the revised GST-inclusive work value through a supplementary tender agreement. Contractual tax adjustment is intended to ensure that GST transition liabilities are reflected in the government works contract rather than remaining unreimbursed by the employer department.
Refund limitation for Kerala Flood Cess runs from correct-head payment, making timely claims filed thereafter maintainable.
Refund limitation for Kerala Flood Cess paid under an incorrect head is calculated from the date payment is made under the correct cess head. Section 54 of the CGST Act allows two years from the relevant date to claim a refund, and the clarification for incorrect tax-head payments identifies correct-head payment as the point at which refund entitlement arises. Although statutory provisions governing incorrect inter-tax payments do not directly cover cess, their underlying principle applies by analogy. Payment under the correct cess account on 10 March 2025 therefore made refund applications filed in April 2025 timely.
Customs & Trade
Dated:- 21-9-2026
PTI
Customs enforcement at Bengaluru airport involved interception and arrest of passengers allegedly attempting to smuggle hydroponic ganja and gold by concealing the goods in cabin baggage, other baggage, undergarments, or on the body. Cases involved arrivals from Vietnam, Bangkok, Kuala Lumpur, and Abu Dhabi. The Abu Dhabi gold-ornament case involved an arrest under the Customs Act.
Customs & Trade
Dated:- 21-9-2026
PTI
India-New Zealand free trade preferences apply only to goods satisfying Rules of Origin. Third-country goods routed through New Zealand cannot receive preferential Indian tariff treatment, as bilateral cumulation is confined to originating materials and goods of India and New Zealand. Sensitive sectors receive no duty concessions, while a bilateral safeguard mechanism addresses sudden import surges after duty elimination or reduction. Temporary Employment Entry, student mobility commitments, post-study work opportunities, and exemption from directly funded social-security contributions for temporary Indian residents form part of the services framework.
FEMA / RBI
Dated:- 21-9-2026
PTI
Banking-sector industrial relations are addressed through an appeal to bank employees to avoid strike action and pursue outstanding demands through dialogue, in order to keep banking services uninterrupted. Most union concerns are considered substantially addressed, while a remaining demand continues to be examined. The demand for withdrawal of the Performance Linked Incentive scheme had been addressed by placing that scheme in abeyance following detailed discussions. Employee welfare measures, wage revisions, and negotiations for the forthcoming Bipartite Settlement are intended to support workforce welfare and banking-sector efficiency.