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2010 (11) TMI 1150
Case Laws Indian Laws
Specific performance is unavailable where a sale agreement requires a statutorily prohibited fragmentation of agricultural holdings.
Limitation for a suit seeking specific performance does not begin merely when a statutory restriction on alienation is repealed, because repeal is an uncertain contemplated event; it begins when performance is refused following notice. An agreement for sale that requires transfer of a prohibited fragment of agricultural holding is forbidden by law, except where the statutory contiguous-owner exception applies. Where the proposed sale violates that prohibition, the agreement is void ab initio and cannot be specifically enforced.

Notification No. IFSCA/2021-22/GN/REG21 Dated:- 31-1-2022 Indian Law
Insurance Web Aggregators in an International Financial Services Centre require registration, prescribed capital and net worth, professional indemnity insurance, fit-and-proper management, trained Authorized Verifiers, an India-hosted designated website, and dedicated operational infrastructure. IWAs must provide unbiased and current product comparisons, undertake needs-based solicitation, protect prospect data, use a secure Lead Management System, and share leads only in the permitted manner. Telemarketing and distance marketing require registered arrangements, explicit prospect consent, standardized disclosures, call-record retention and verification controls. IWAs must maintain records, address grievances, disclose material changes, comply with KYC and anti-money-laundering requirements, and may receive only permitted remuneration.

Notification No. 7/2022 - State Tax (Rate) Dated:- 13-7-2022 Arunachal Pradesh SGST
Arunachal Pradesh revises State Tax rate exemptions by applying the criterion "other than pre-packaged and labelled" to numerous listed food and agricultural commodities. Curd, lassi, buttermilk, jaggery, khandsari sugar and murki are expressly subject to this packaging-based limitation. Certain exemption entries are omitted, and "purified" is removed from a relevant description. "Pre-packaged and labelled" covers pre-packaged commodities whose package or securely affixed label must carry declarations under legal metrology law. The amendments take effect from 18 July 2022.

GST enforcement must adhere to statutory conditions, constitutional fairness and the rule of law rather than revenue targets. Input tax credit requires a reliable evidentiary trail establishing actual physical movement of goods, while bona fide purchasers and genuine recipients should not bear the consequences of a supplier's tax-payment default. Demand proceedings for fraud or wilful suppression require the essential statutory elements; absent those elements, such proceedings are unsustainable. Tax demands must also remain within the statutory scope of supply. A valid levy requires certainty regarding the taxable event, person liable, rate and measure of tax; ambiguity in any of these elements defeats the levy. Administrative authorities should address bona fide compliance errors proportionately and act as faithful trustees of statutory integrity.

2023 (11) TMI 1459
Case Laws Indian Laws
Fragment sale restrictions: agreements to sell remain enforceable when they transfer no title or ownership rights.
Statutory restrictions on the sale of fragments apply to transactions that convey, lease, or transfer rights; an agreement to sell alone does not transfer title or ownership. An alleged statutory violation not pleaded or made an issue in the trial proceedings does not form the basis for challenging enforceability. Where the restriction has been repealed before institution of a suit for specific performance and execution of the sale deed would not contravene the repealed law, the agreement remains capable of specific performance.

Notification No. 14-Leg./2026 Dated:- 11-9-2026 Punjab SGST
Post-supply discounts may be excluded where the supplier issues a credit note and the recipient reverses input tax credit attributable to the discount in accordance with section 34. Credit notes may also be issued for discounts referred to in section 15(3)(b). The refund provisions are expanded to cover unutilised input tax credit allowed under section 54(3), while export-with-payment-of-tax refund claims are excluded from the restriction under section 54(14).

Rectification under Section 161 is confined to errors apparent on the face of the record and cannot be used to reopen a concluded determination for imposing penalty. Penalty is characterised as requiring proceedings under the applicable provisions for Section 73, Section 74 or Section 74A, including issuance of a show cause notice. Imposition of penalty without such notice is treated as a misapplication of rectification power.

2026 (5) TMI 1822 - Supreme Court SC
GST on stake-based gaming applies to the supply of actionable claims where money or money's worth is committed to an uncertain outcome in an organised betting or gambling arrangement. Skill in the underlying game does not remove the stake-based character of the transaction. Participants acquire contingent beneficial interests in pooled movable property, and committed stakes become consideration for participation. The platform is the supplier where it controls pooling, participation, gameplay and payouts. Gross stake valuation applies unless a statutory deduction is authorised, with specialised valuation mechanisms governing online gaming and casinos.

Customs & Trade
Dated:- 16-9-2026
PTI
Ferro-alloy competitiveness depends on raw-material security, commercially viable domestic mineral access and lower input costs as steel demand expands. Faster exploration and development of manganese, chrome and other critical minerals, supported by mine-auction frameworks that encourage operational production, can reduce import dependence. Measures sought include zero import duties on unavailable-grade raw materials for noble alloys, competitive electricity costs and rationalised electricity levies. Cleaner energy, efficient furnaces, automation and improved raw-material utilisation are also necessary to reduce costs and emissions.

Customs & Trade
Dated:- 16-9-2026
PTI
The free trade agreement grants duty-free access across all New Zealand tariff lines for Indian exports and provides Indian tariff liberalisation for a substantial share of New Zealand goods, while preserving exclusions for sensitive dairy, agricultural, industrial and other specified products. It provides duty-free entry, phased levy reductions, and quota-based concessions with minimum import price and other safeguards for identified goods. New Zealand also commits market access for Indian service suppliers and establishes skilled-employment, student-mobility and post-study work visa pathways.

Export consignments with a free-on-board value not exceeding Rs. 3,00,000 are exempt from the requirement to obtain a Registration-cum-Membership Certificate or Certificate of Registration under the Foreign Trade Policy, 2023. The exemption applies notwithstanding the existing registration requirements and is intended to facilitate low-value exports, including exports through postal, courier and emerging channels. Consignments exceeding the prescribed free-on-board value remain subject to a valid Registration-cum-Membership Certificate or Certificate of Registration where otherwise required under the policy.

Anti-dumping duty on Calcined Gypsum Powder originating in or exported from Iran, Oman, Saudi Arabia and the UAE will remain in force up to and including 16 March 2027. The amendment inserts an overriding provision into the existing anti-dumping duty notification, extending its operation notwithstanding the earlier duration provision. The duty may still be revoked, superseded or amended before that date.

Containerised export cargo shut out or not shipped from KPD-1 West may be transferred to NSD only after the custodian selects containers of a shipping line, obtains Customs approval for the prescribed details, and moves them under preventive escort on an MOT basis. Gate verification, inter-terminal permit records, post-shipment reconciliation, periodic reporting, and an indemnity bond are mandatory. Direct Port Delivery containers remaining at KPD-1 West for over 48 hours may be removed to designated areas at CFS JJP and CFS Sonai under the existing DPD procedure. The CFS custodians must manage yard access, maintain movement records, provide reconciliation reports, execute indemnity bonds, and ensure eligible importers are not subjected to additional conditions or charges.

1977 (9) TMI 130
Case Laws Indian Laws
Anticipatory bail remains exceptional and cannot shield future accusations or obstruct necessary custodial investigation in serious corruption allegations.
Anticipatory bail under Section 438 CrPC is an exceptional remedy requiring a substantiated special case, with ordinary bail limitations implicitly applicable. It protects against arrest only for an existing accusation or one reasonably arising from known facts; it cannot provide blanket immunity for future offences or allegations. Pre-arrest protection should not be granted where lawful police custody or evidence discovery is genuinely necessary, since cooperation while on bail does not replace custodial interrogation. For offences punishable by death or life imprisonment, and serious economic corruption allegations, relief is ordinarily inappropriate unless material prima facie shows accusations to be false, groundless or substantially mala fide. Bare assertions of innocence, political victimisation or mala fides are insufficient.

Section 74 CGST extended limitation applies only where available material permits a rational prima facie view that tax shortfall, erroneous refund or wrongful input tax credit arose by reason of fraud, wilful misstatement or suppression of facts to evade tax. Conclusive proof is not required at notice stage, but suspicion or a bare allegation is insufficient. Prior scrutiny, audit, inspection or pre-notice communications may supply the factual basis for a DRC-01 notice if they gave the taxpayer meaningful notice. Section 75 prevents confirmation on new grounds and permits treatment under the ordinary regime where the extended-period allegations are ultimately not established.

Outright assignment of an industrial lessee's entire leasehold estate, including the building, is distinguished from the original grant of a lease. Original leasing or renting is treated as a supply of services, but complete divestment without a retained reversionary interest transfers a proprietary benefit arising from land. Such a transfer falls within the Schedule III exclusion for land and specified building transactions, rather than service classification under Schedule II; GST charge therefore does not arise. Classification depends on the deed's substance, including rights retained, the assignee's assumption of lease covenants, and transferred structures. A sub-lease, licence, or continuing rental arrangement may be characterised differently. Approval charges collected by the industrial development corporation remain distinct from assignment consideration.

Corp. Laws / SEBI / IBC
Dated:- 16-9-2026
PTI
Supreme Court sought case details from the Enforcement Directorate and Delhi Police to facilitate expeditious criminal prosecution of Unitech directors without causing inconvenience to homebuyers. Protection of purchasers and completion of stalled housing projects remain central concerns. Project revival measures include RERA registration exemption for specified projects to enable stalled homebuyer loan disbursals, scrutiny of loan accounts classified as non-performing, and authority for the Centre-appointed board to raise outstanding funds, sell inventory, and monetise unencumbered assets for completion of housing units.

Notification No. CCT/26-2/2024-25/290/4395 Dated:- 15-1-2025 Goa SGST
GSTR-6 filing deadline for Input Service Distributors for December 2024 is extended until 15 January 2025 under the Goa Goods and Services Tax framework. The extension applies to the prescribed Input Service Distributor return and takes effect retrospectively from 10 January 2025.

Regulation 10A of the International Financial Services Centres Authority (Finance Company) Regulatio...
Regulation 10A permits clarifications through guidance notes or circulars to remove difficulties in applying or interpreting the Finance Company Regulations. It also permits relaxation of strict enforcement of any regulatory requirement in the interest of financial-market development, subject to written reasons being recorded and payment of any specified fee.

Notification No. CCT/26-2/2024-25/289/4394 Dated:- 15-1-2025 Goa SGST
The time limit for furnishing FORM GSTR-5 by non-resident taxable persons for the December 2024 tax period is extended until 15 January 2025. The Commissioner of State Taxes exercises delegated power to extend the filing deadline on the Council's recommendations, with reference to the corresponding central tax measure. The extended filing time is deemed effective from 10 January 2025.

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