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2018 (9) TMI 2180
Case Laws Indian Laws
Service tax reimbursement under work agreements remains unresolved, with a fresh representation to be decided after a hearing.
Reimbursement of service tax paid on contracted work is in question under the work order and agreement. A fresh representation was permitted, and the respondent was directed to decide the representation after a hearing. The claim for reimbursement was not finally adjudicated, leaving the question of entitlement under the contractual arrangements unresolved.

Notification No. 28195-FIN-CTGST-TAX-2/2026 Dated:- 31-10-2026 Orissa SGST
Under rule 14B, a person registered in a home State or Union territory may seek registration against the same PAN in another State or Union territory without a physical presence there, using a consenting electronic commerce operator's warehouse as the principal place of business. The person must intend to supply goods through operators required to collect tax at source, and monthly output tax on supplies to registered persons other than those registered under the same PAN must not exceed Rs. 2.5 lakh. From 1 April 2027, suspension and cancellation may operate electronically for specified return defaults or failure to comply with bank-account requirements. Refund procedures prescribe a 10-day period for acknowledgement or communication of deficiencies, failing which the application is deemed acknowledged from its filing date.

Notification No. G.O. Ms. No.120 Dated:- 31-7-2020 Tamil Nadu SGST
The e-invoice schema under rule 48 of the Tamil Nadu Goods and Services Tax Rules, 2017 is replaced by Form GST INV-1, effective on publication in the Official Gazette. The Invoice Registration Portal generates the IRN in response to a registration request; the supplier need not populate it in the request, but an e-invoice is valid only when it has an IRN. Supplier and recipient information is mandatory. At least one item detail must be reported. For taxable supplies, either IGST or CGST together with SGST or UTGST is reported. E-way bill details are optional, but transportation distance is mandatory when that section is selected.

Notification No. 28248- FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Specified transactions under Odisha's GST framework are expanded to include supplies of goods or services, or both, received from an unregistered person where tax is payable by the recipient on a reverse charge basis, and imports of services. Supplies of goods or services, or both, to a registered person and supplies for export continue to be included.

2023 (8) TMI 1751
Case Laws Income Tax
Taxable income of unregistered charities must reflect relevant expenditure and permissible activity-wise adjustments, not gross receipts alone.
Taxable income of an unregistered charitable institution is computed after accounting for relevant expenditure claimed under section 57 of the Income-tax Act, 1961, and permissible inter-head adjustments. Activity-wise surpluses and deficits are to be adjusted in the computation, rather than treating gross receipts as taxable income. These adjustments affect the institution's taxable income.

Notification No. 28244-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Registered concessionaires supplying operation and maintenance services to a concessioning authority during the concession period must pay Odisha State tax on the amount charged or debited from the escrow account towards operation and maintenance expenses they incur. The tax is payable in the tax period in which those expenses are charged or debited, and the escrow account must be maintained in accordance with the concession agreement.

2021 (1) TMI 1374
Case Laws Income Tax
Charitable exemption for railway projects does not depend solely on legal form or incidental receipts from public-benefit activities
Charitable exemption under section 11 of the Income-tax Act, 1961 does not require a registered charitable institution to be constituted as a trust or incorporated as a non-profit company. Under the proviso to section 2(15), the commercial character of an activity advancing general public utility depends on its predominant purpose and activities, rather than receipts in isolation. Government-funded railway projects undertaken for public benefit do not become trade, commerce or business merely because administrative charges cover overheads and deposit interest or surpluses are applied to project objectives.

Circular No. Public Notice 3 /2017 Dated:- 30-6-2017 Trade Notice Dated:- 30-6-2017 Trade Notice
Each courier must provide prescribed information for all bills of entry and shipping bills filed at the Sahar Courier Terminus to the custodian in physical form and Microsoft Excel format on the day of clearance, but no later than the next working day. The custodian must verify and compile the data before submission to the Deputy Commissioner, Courier Cell. Import information includes IGST and compensation cess paid; export information includes the payment or bond status, invoice details and export general manifest particulars.

Notification No. 28240- FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Delivery services are specified under Odisha's GST framework for electronic commerce operators, other than postal and courier services. The specified category excludes services supplied through an electronic commerce operator where the supplier is liable for registration under section 22(1) of the Odisha Goods and Services Tax Act, 2017. The replacement takes effect on 1 November 2026.

1958 (5) TMI 60
Case Laws Indian Laws
Joinder in marital status suits may extend beyond direct interests to enable complete adjudication of family status.
Joinder in marital status suits may extend to persons without a present or direct interest where their participation assists complete adjudication; property litigation ordinarily requires a direct interest. Declaratory relief under section 42 of the Specific Relief Act is discretionary, and courts may require proof of admitted facts rather than grant a declaration automatically. Under section 43, a declaration of status binds the parties and persons claiming through them, including privies in blood. Its binding effect is distinct from res judicata, and it is not a judgment in rem.

2026 (5) TMI 1882
Case Laws Service Tax
Service tax exemption for car hire supplied to Special Economic Zone units for authorised operations applies irrespective of service location.
Taxable services supplied to a Special Economic Zone developer or unit for authorised operations are exempt from service tax under Section 26 of the Special Economic Zones Act, irrespective of where the services are rendered. Section 51 gives the Act overriding effect over inconsistent laws, and no separate notification under the Finance Act is required for the exemption. Car hire services supplied to a Special Economic Zone unit for authorised operations qualify for the exemption.

2026 (1) TMI 1713
Case Laws Benami Property
Review and delay condonation based on earlier reasoning resulted in restoration of the appeal for further proceedings.
Review and delay-condonation applications were allowed on the same reasoning as an earlier detailed order concerning other review applications. That order had addressed an issue arising from a Supreme Court order and was considered to cover a subsequent Supreme Court order. The appeal was restored to its original number for further proceedings.

2024 (11) TMI 1682
Case Laws Income Tax
Belated charitable trust audit reports can support exemption claims when sufficient cause is shown and verification is completed.
For a charitable trust's exemption claim, furnishing the Form 10B audit report with the return is a procedural and directory requirement, and substantial compliance suffices. The report may be furnished later to the assessing or appellate authority on showing sufficient cause. Where the report was unavailable for verification when the return was processed, the Assessing Officer must consider and verify it and determine the exemption claim in accordance with law.

2025 (4) TMI 2476
Case Laws Income Tax
Cost-to-cost interest reimbursements without an income element do not require tax deduction or attract interest for non-deduction.
Cost-to-cost reimbursement of interest among group entities does not require tax deduction at source under section 194A when the reimbursement contains no income element. Where group entities obtain loans against project collateral, the principal borrowers deduct tax on interest paid to financial institutions, and the interest is allocated to the entities using the funds and reimbursed without markup. Interest for failure to deduct tax does not arise on such pure reimbursements.

2025 (4) TMI 2477
Case Laws Income Tax
Unexplained cash credit additions cannot rely solely on uncorroborated search statements when alleged receipts are not established in books.
Section 68 governs additions for unexplained cash credits. An addition cannot rest solely on an uncorroborated third-party statement recorded during a search where the alleged credit is not established in the assessee's books. Share application money was received and shares were allotted, while the audited financial statements did not record the alleged unsecured loan. The assessing officer conducted no further enquiries and did not provide an opportunity for cross-examination.

2025 (4) TMI 2478
Case Laws Income Tax
Protective additions on alleged job-work commission cannot stand when genuine transactions lead to deletion of substantive additions.
Protective additions for alleged commission or brokerage on job-work receipts cannot be sustained when the substantive addition is deleted because the underlying transaction is genuine. Documentary evidence and payments through banking channels established the genuineness of the transactions. The same reasoning applied to the relevant assessment years on identical facts, and the protective additions were deleted.

2025 (4) TMI 2479
Case Laws Income Tax
Insurance claim deductions based on a legally sustainable assessment after inquiry cannot be revised merely for a differing view.
Section 263 permits revision only when an assessment order is both erroneous and prejudicial to the interests of revenue. A legally sustainable assessment made after inquiry cannot be revised merely because a different view is preferred. Reasonably ascertainable insurance claim liabilities, including claims incurred but not reported and claims incurred but not sufficiently reported, may be deductible when supported by actuarial estimates. Inquiry into the deduction and consideration of actuarial and other supporting material are relevant to whether the assessment rests on a permissible view.

2025 (4) TMI 2480
Case Laws Income Tax
Cash deposit explanations may receive partial credit for speculative income and family savings despite incomplete proof of source.
The taxpayer bears the burden of proving the source of cash deposits. Even where that burden is not fully discharged, declared speculative income, socioeconomic status and family savings may warrant some credit on the particular facts, rather than treating all deposits as unexplained. The determination is fact-specific and is not to be treated as a precedent.

2025 (4) TMI 2481
Case Laws Income Tax
Research and development deduction penalties fail where auditor-certified claims are voluntarily revised after subsequent certification without inaccurate particulars.
Under-reporting penalties are not justified for an excess weighted deduction for research and development expenditure where the original claim relies on a statutory auditor's certificate, the eligible deduction is voluntarily revised to reflect a subsequent report from the Department of Scientific and Industrial Research, and no inaccurate particulars of income are furnished. In these circumstances, the penalty is to be deleted.

2025 (4) TMI 2482
Case Laws Income Tax
Cash payments to casual labourers alone cannot justify ad hoc disallowance of supported land levelling and road development expenses.
Cash payments and incomplete identification of casual labourers do not by themselves justify an ad hoc disallowance of land levelling and road development expenses where supporting records are produced and no specific defects or evidence of non-genuine expenditure or expenditure unrelated to business are identified. Relevant records include ledgers, bills, vouchers and labour registers. Commercial expediency is assessed from the businessperson's perspective, taking account of the practical circumstances of hiring casual construction labour. An addition cannot rest on surmises or conjectures.

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