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Want of prosecution led to dismissal of a service-tax writ petition after repeated petitioner non-appearance.
The writ petition concerning service tax was dismissed for want of prosecution after the petitioner repeatedly failed to appear despite a prior warning that appropriate orders would follow further non-representation. No substantive service-tax issue was decided, and the dismissal resulted from the petitioner's continued absence.
Circular No. 34/8/2018-GST Dated:- 1-3-2018 Gujarat SGST Dated:- 1-3-2018 Gujarat SGST
Bus body building and tyre retreading require classification as composite supplies by identifying the principal supply from the transaction's essential nature. Retreading is generally a service where the retreading process predominates, although retreaded tyres supplied from the supplier's own old tyres are goods. Priority Sector Lending Certificates are taxable goods, with input tax credit available to the purchasing bank. Electricity transmission or distribution is exempt, but ancillary consumer services are taxable. Government guarantees given to business entities for guarantee commission or other consideration are taxable.
Lease premium classification as capital expenditure sustains disallowance of proportionate revenue deduction for leasehold land.
Proportionate lease premium paid for leasehold land was treated as capital expenditure and therefore disallowed as a revenue deduction, consistently with the position adopted in earlier assessment years. Declarations under Section 158A, accepted by the Assessing Officer, required the eventual High Court decision on the identical question of law to be applied to the relevant assessment years. The disallowance remained confirmed, subject to consequential application of that decision.
Assessment of an amalgamated non-existent entity is invalid, while evidenced unsecured loans cannot be treated as unexplained credits.
Assessment framed against an entity that ceased to exist on amalgamation is invalid where that defect remains unchallenged. Unsecured loan credits cannot be treated as unexplained when the record establishes the lenders' identity, financial capacity and transaction genuineness, particularly where the principal loan is squared up on amalgamation. A further expenditure addition is unsustainable to the extent the disallowance was already made in the computation and the balance comprises substantiated ordinary business expenses. Deletion of both additions was sustained on the available records.
SEZ input tax credit refund issue remained undecided as petitions were not pressed below the litigation threshold.
Refund of unutilised IGST credit distributed through an Input Service Distributor to an SEZ unit was raised under Section 54 of the CGST Act and Rule 89 of the CGST Rules governing supplies to SEZ units. The special leave petitions were disposed of as not pressed because the tax effect was below the CBIC monetary threshold for litigation. No substantive determination was made on the SEZ unit's entitlement to input tax credit refund or on the interpretation of the refund provisions.
FEMA / RBI
Dated:- 24-8-2026
PTI
HSBC India's branch expansion is directed at extending wealth, international banking, and corporate banking services to affluent, high-net-worth, ultra-high-net-worth, and non-resident Indian customers in emerging commercial centres. The Nashik opening forms part of a broader branch-expansion programme undertaken after Reserve Bank of India approval to establish additional branches in key cities. The programme is intended to expand delivery of banking and financial services, including support for cross-border wealth management, overseas investment by Indian companies, and foreign investment into India.
Circular No. Public Notice No. 75/2024 Dated:- 28-8-2024 Trade Notice Dated:- 28-8-2024 Trade Notice
Automation under the IGCR Rules, 2022 applies to export-oriented units from 1 September 2024, replacing the existing procedure for concessional-duty imports. EOUs must obtain an IGCR Identification Number through ICEGATE and register an IGCR bond to file bills of entry claiming IGCR benefits. The process also applies to clearances from special economic zones to EOUs upon activation of the relevant module.
Circular No. Order No. 2967 Dated:- 8-7-2024 Bihar SGST Dated:- 8-7-2024 Bihar SGST
Audit authorisation under section 65 of the Bihar Goods and Services Tax Act, 2017 is conferred for financial year 2020-21 upon Avinash Kumar, Assistant Commissioner of State Tax, Darbhanga Division, for the Madhubani zonal jurisdiction. The authorisation is exercised under section 65(1), read with section 4(2), enabling the officer to exercise statutory audit powers within that jurisdiction.
Circular No. 45/19/2018-GST Dated:- 30-5-2018 Gujarat SGST Dated:- 30-5-2018 Gujarat SGST
GST refund claims by Input Service Distributors, composition taxpayers and non-resident taxable persons may rely on their respective prescribed returns instead of FORM GSTR-1 and FORM GSTR-3B. Compensation cess credit on coal used for zero-rated aluminum supplies under bond or LUT may be refunded, but cannot be used to pay integrated tax on exports. Exporters of exempted or non-GST goods need not furnish bond or LUT for zero-rated supplies without integrated tax and may claim eligible unutilized input tax credit. The restriction on export on payment of integrated tax applies only to direct procurement from suppliers using specified tax-free or concessional benefits.
Circular No. Public Notice No. 79/2024 Dated:- 23-9-2024 Trade Notice Dated:- 23-9-2024 Trade Notice
Export General Manifest compliance requires delivery of the EGM to the proper officer before departure of the conveyance from the Customs station. Incorrect or unfiled EGMs may delay post-export benefits and incentives. Shipping Bills reflecting EGM errors or pending EGM filing for August 2024 are identified for corrective action. Exporters, Customs Brokers, Shipping Lines and other concerned persons must rectify errors or file pending EGMs, as applicable, to facilitate post-export benefits and incentives.
Circular No. Public Notice No. 81/2024 Dated:- 25-9-2024 Trade Notice Dated:- 25-9-2024 Trade Notice
Export Transshipment through ICES permits rail movement of export cargo from Kolkata Sea Port and its container freight stations to JNPA as gateway port. The transhipper must register a continuous Transshipment Bond and applicable Bank Guarantee at the originating port, file the ETP application after Let Export Order, and ensure safe export through JNPA. ETP approval debits the bond, and the permit accompanies the container. JNPA officers verify container particulars and seal integrity before allowing shipment. ETP approval supports drawback processing at the originating port.
Circular No. Office Order No.- 5/2017-GST Dated:- 25-9-2017 Bihar SGST Dated:- 25-9-2017 Bihar SGST
Revised declaration in FORM GST TRAN-1 may be submitted up to 31 October 2017 under rule 120A of the Bihar Goods and Services Tax Rules, 2017. The extension is exercised by the Commissioner on the Council's recommendations under the enabling authority of section 168 of the Bihar Goods and Services Tax Act, 2017.
Circular No. Office Order No.- 6/2017-GST Dated:- 25-9-2017 Bihar SGST Dated:- 25-9-2017 Bihar SGST
Submission of transitional credit declaration in FORM GST TRAN-1 under rule 117 of the Bihar Goods and Services Tax Rules, 2017 was extended until 31 October 2017. The extension was issued under rule 117 read with section 168 of the Bihar Goods and Services Tax Act, 2017, pursuant to the Council's recommendations.
Circular No. Public Notice No. 91/2024 Dated:- 24-10-2024 Trade Notice Dated:- 24-10-2024 Trade Noti...
Custodianship and Customs Cargo Service Provider approval for imported liquid cargo at Additional Liquid Cargo Berths LB03 and LB04 is vested in JSW JNPT Liquid Terminal Private Limited. The appointment applies until cargo is delivered to tank farms under Chapter VIII of the Customs Act, 1962. The entity must comply with customs law and the Handling of Cargo in Customs Areas Regulations, 2009. Approval operates for two years, remains reviewable for non-compliance or governmental directions, and requires submission of updated fire and pollution-control documentation within six months.
Circular No. 44/18/2018-GST Dated:- 2-5-2018 Gujarat SGST Dated:- 2-5-2018 Gujarat SGST
Transfer of tenancy rights against tenancy premium is a supply of services liable to GST, being a form of lease or renting of property. Stamp duty and registration charges on the transfer do not remove it from the scope of GST, and the transaction is not treated as sale of land or building. Grant of tenancy rights in a residential dwelling for use as a residence is exempt, whether consideration comprises tenancy premium, periodic rent, or both. Surrender of tenancy rights by an outgoing tenant for a share of tenancy premium remains taxable.
Circular No. 40/14/2018-GST Dated:- 6-4-2018 Gujarat SGST Dated:- 6-4-2018 Gujarat SGST
GST export compliance requires registered exporters to submit FORM GST RFD-11 on the common portal for furnishing a Letter of Undertaking. The LUT is deemed accepted upon online generation of an acknowledgement bearing an Application Reference Number, and no physical documents need be submitted to the jurisdictional office. If the exporter is later found ineligible to furnish an LUT instead of a bond, the LUT may be rejected and treated as rejected from inception.
Circular No. PUBLIC NOTICE No. 92/2024 Dated:- 23-10-2024 Trade Notice Dated:- 23-10-2024 Trade Noti...
Restricted imports of specified IT hardware require a valid restricted-import licence, and Bills of Entry must be filed under Scheme Code 14 with the licence number declared. Electronic assessment cannot proceed until the online licence is debited. Officers must ensure use of Scheme Code 14 and system-based licence debiting. Where the importer omits the applicable Scheme Code, APR or ACL role holders may add the Scheme Code and licence details to the Bill of Entry in ICES.
Debt assignments backed by title-deed deposits are treated as conveyances, with interim capped registration treatment available on parity.
Assignments of debts secured by deposit of title deeds are governed by the Kerala Stamp Act where the Indian Stamp Act exemption does not apply. Security arises through delivery of title deeds with intent to create security; a memorandum recording the deposit is not itself a mortgage deed. Such assignments therefore do not fall within the provision for transfer of an interest secured by a mortgage deed and are chargeable as conveyances. Comparable asset reconstruction entities may receive capped stamp-duty and registration-fee treatment on parity as an interim measure, pending statutory amendment and final determination.
Circular No. 38/12/2018-GST Dated:- 26-3-2018 Gujarat SGST Dated:- 26-3-2018 Gujarat SGST
GST job-work provisions allow a registered principal to send inputs or capital goods without tax for processing, while retaining responsibility for accounting, return, or further supply. Inputs must be returned or supplied within one year and capital goods within three years, failing which a deemed supply arises from the original dispatch date. Movement generally requires a principal-issued challan and quarterly FORM GST ITC-04 reporting. Supplies from job-worker premises remain supplies by the principal, who issues the invoice and determines tax treatment. Input tax credit remains available for goods directly received at the job worker's premises.
MOOWR Scheme registration through ICEGATE raises questions on post-submission compliance under the Manufacture and Other Operations in Warehouse Regulations, 2019. Key issues include whether physical applications and supporting documents must be submitted to the jurisdictional Customs authority, whether deficiencies may be communicated through ICEGATE after online scrutiny, and whether site inspection or verification is required before approval. The procedural focus also includes the typical Customs processing sequence, timeline, and compliance actions expected after filing.