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Circular No. PUBLIC NOTICE No. 1/2025 Dated:- 3-1-2025 Trade Notice Dated:- 3-1-2025 Trade Notice
Automated Out of Charge is available for eligible Bills of Entry filed by Authorized Economic Operator Tier 2 and Tier 3 clients through web-based goods registration. Eligibility requires completion of assessment and OTP-based authentication for duty deferment, and the Bill of Entry must not be selected for examination, scanning, or a partner government agency-related no-objection certificate. The facility operates on a risk basis, subject to a Customs system HOLD override where intelligence is available.

Circular No. PUBLIC NOTICE No. 9/2025 Dated:- 7-4-2025 Trade Notice Dated:- 7-4-2025 Trade Notice
Air transshipment of imported goods may be covered by the TA (Transshipment Air Global) bond for Air-to-Air and Air-to-ICD movements. Registered at any Air Customs port, the TA bond may be used at other Air Customs EDI ports. The local TP transshipment bond remains available for carriers and airlines that prefer local bonds. Registered users may file Air Transshipment EDI messages through email or web upload on ICEGATE, while Service Centre filing continues unchanged.

Condonation of delay in a statutory GST appeal is discussed in the context of recovery proceedings initiated while a belated appeal against an adjudication order remains pending. The note describes circumstances in which, owing to the assessee's factual challenge to tax liability and the particular facts presented, delayed appellate access may be permitted and recovery action, including bank-account recovery, may be set aside. It also highlights that condonation does not determine the underlying tax demand: the appellate authority must examine the merits independently, with all contentions on liability remaining open.

Assessment orders passed without the taxpayer's replies to show-cause notices were set aside after the High Court accepted that bona fide reasons, unavoidable circumstances and sufficient cause had prevented participation. Applying a justice-oriented approach, the Court also set aside the consequential appellate order that had rejected the appeals as time-barred. Subject to costs, the proceedings were remitted to the assessing authority from the stage of filing replies, with directions to allow submission of documents and provide a sufficient and reasonable hearing before fresh adjudication.

GST demand alleging suppression of taxable value in bank guarantees should follow scrutiny and verification of self-assessment returns. The GST framework permits scrutiny, audit, special audit, inspection and investigation to identify possible revenue leakage; a Form GST DRC-01 notice should not be issued directly without first undertaking the relevant exercise. The demand order discussed was quashed and remitted for inspection or investigation and, if warranted, fresh determination of revenue leakage from guarantees issued to customers. The valuation and taxability issues concerning corporate guarantees were left open. Limitation exclusion was directed for the intervening period, and recovery remained in abeyance pending the statutory exercise.

A provisional attachment under the Telangana Goods and Services Tax Act, 2017 operates for only one year from the date of its order. On expiry of that statutory period, the attachment ceases automatically by operation of law, making a merits determination of its validity unnecessary. The writ petition challenging the attachment was therefore disposed of as infructuous, while preserving the Bank's liberty to pursue other remedies in accordance with law if required.

Ophthalmic binocular surgical microscopes are classified under tariff heading 9018 because they are specialised instruments for eye examination and surgery, and the relevant explanatory notes exclude them from heading 9011 for compound optical microscopes. Heading 9012, covering non-optical microscopes and related scientific apparatus, does not apply. As goods under heading 9018, these microscopes fall within Entry No. 483 of Schedule I to Notification No. 09/2025-Central Tax (Rate) and attract GST at 5 per cent.

Circular No. Public Notice - 13/2025 Dated:- 30-5-2025 Trade Notice Dated:- 30-5-2025 Trade Notice
Empanelment of Chartered Engineers for valuation of imported second-hand and used machinery requires prescribed engineering qualifications, valuation experience, professional membership, supporting records and eligibility verification. Applicants must maintain a clean professional and legal record, provide full disclosure, act independently, avoid conflicts of interest and comply with applicable valuation standards and departmental requirements. Only notified qualifying persons may conduct inspections or valuations. Empanelled Chartered Engineers must submit timely valuation reports and periodic self-appraisals, preserve records and cooperate with oversight. Negligence, misleading valuation, misconduct or incorrect information may lead to suspension, cancellation, removal and further legal action.

2016 (2) TMI 1406
Case Laws Income Tax
Commodity-trading loss claims require proof of genuine deals, delivery-based hedges, and accurate disallowance computation.
Commodity-trading losses require cogent evidence establishing genuine purchase-and-sale transactions rather than accommodation entries, including sauda books, regulatory trade records, and proof of applicable fees or taxes. The taxpayer also must substantiate actual-delivery contracts in the relevant commodities and show that non-delivery contracts were entered into to hedge price-fluctuation risk in those contracts for exclusion from speculative-transaction treatment under section 43(5). Fresh adjudication is required where the existing evidentiary record is inconclusive, including determination of any arithmetical error in the disallowance after admitting evidence and providing an adequate hearing.

Paper bags made of paper or paperboard and classifiable under tariff item 48194000 fall within Entry 319 of Schedule I to Notification No. 09/2025-Central Tax (Rate). The entry covers paper sacks/bags and biodegradable bags under Chapters 39 and 48, prescribing GST at 5%. The note describes the inclusion as addressing eco-friendly alternatives to conventional plastic bags, with Chapter 48 covering paper bags and Chapter 39 covering biodegradable plastic bags.

A Tribunal cannot condition remand for breach of natural justice on payment of costs so that default automatically validates an invalid ex parte appellate order. Although it may impose ordinary procedural costs, its discretion cannot defeat the statutory right of appeal or make the remedy illusory; the automatic-confirmation clause was quashed and the appeal restored unconditionally for merits adjudication. A first appellate authority must issue a speaking order stating the points for determination, decision and reasons; the non-speaking ex parte order was void. For the unsecured-loan addition, banking and corporate records required proper factual evaluation, and general third-party reports without independent inquiry were insufficient; the issue was remanded for fresh adjudication.

Retrospective taxation through a purportedly clarificatory amendment cannot create a fresh charge or withdraw benefits accrued under the unamended law. The Finance Act, 2010 amendment to section 9, which dispensed with the requirement that technical services be rendered in India, was treated as substantive and applied prospectively despite its stated retrospective date. The notes also state that beneficial Board circulars could be withdrawn only prospectively. Where domestic law and the India-USA DTAA permitted competing interpretations, the interpretation favourable to the assessee prevailed; technical-service income required rendition and utilisation of services in India. The amendment therefore could not impose tax on offshore technical services retrospectively.

Interest paid by a co-operative bank to another co-operative society, including a non-member depositor society, falls within the inter-co-operative-society exemption from tax deduction at source. The exclusion of co-operative banks from the member-payment limb does not extend to the separate limb covering payments between co-operative societies; a co-operative bank retains its character as a co-operative society. The recipient society's eligibility for deduction of its income is determined at assessment stage and does not govern the payer's independent transactional withholding obligation. Accordingly, the co-operative bank was not required to deduct tax on such interest and could not be treated as an assessee in default.

Finality of an earlier judicial determination prevented the Department from reopening the applicable compounding guidelines when calculating the compounding fee. The article explains that a direction to quantify the fee required calculation rather than fresh adjudication, and that statutory instructions on compounding could not displace a binding inter partes finding that the 2008 CBDT Guidelines governed the application. It further notes that the 2024 Guidelines on fresh applications were limited to applications rejected for specified curable defects and did not cover applications rejected on merits. The fee was therefore to be recomputed under the 2008 Guidelines after crediting the amount already paid.

A search initiated after 1 April 2021 does not itself bar a regular scrutiny assessment under Section 143(3). The post-search deeming provision for information suggesting escaped income permits reassessment under Sections 147 and 148 where original assessment proceedings have concluded or the time limit for scrutiny has expired. Where a return can still be processed or subjected to scrutiny within limitation, it may be addressed under Sections 143(1) or 143(3). A timely notice for scrutiny and timely assessment therefore remain valid despite the search. Participation in proceedings without objection also supported rejection of the jurisdictional challenge and consequential recovery action.

Reassessment proceedings initiated by a notice under section 148 treat the return filed in response as a return under section 139. A notice under section 143(2) is required only where the Assessing Officer considers verification necessary or expedient; its absence does not by itself invalidate reassessment, particularly where the taxpayer participated in the proceedings and section 292BB applies. Additions made during reassessment must retain a direct nexus with the recorded reasons for reopening. Where a claimed business loss is set off against unreported non-compete income forming the basis for reopening, examination of that loss is connected to the recorded reasons; the substantive justification remains examinable in statutory appeal.

Pandemic-related disruption, a plausible bona fide belief about return-filing obligations, and subsequent participation in assessment proceedings are identified as reasonable cause for non-compliance with statutory notices by an educational trust. The note states that mere non-compliance, without independent material showing deliberate or wilful disregard, does not justify penalty. It further describes penalty provisions as quasi-criminal and inapplicable to technical or venial defaults where surrounding circumstances establish reasonable cause. On these grounds, the penalty for non-compliance with statutory notices was described as unsustainable and deleted.

Violation of section 13 by a charitable trust does not require denial of exemption for its entire income. The notes explain that only income or property applied for the benefit of specified persons, including trustees, is taxable at the maximum marginal rate, while the balance remains eligible for exemption under section 11 subject to other statutory conditions. This position is supported by CBDT Circular No. 387 and the judicial authorities discussed. The assessment is therefore to be recomputed by restricting the denial of exemption to the value of any benefit conferred on trustees, rather than taxing the trust's entire income.

Balance-sheet reclassifications arising from capitalisation of project expenditure and reversal of duplicate entries do not, by themselves, create taxable income. Transfer of Capital Work-in-Progress or pre-operative expenditure to fixed assets is characterised as a balance-sheet movement rather than revenue expenditure where no debit is made to the Profit and Loss Account and no deduction is claimed in computing income. A reduction in an asset account cannot support an addition merely from a numerical difference; taxability requires examination of corresponding ledger entries and a demonstrated charging or deeming basis, taxable benefit, remission, or inadmissible expenditure. The notes state that the Revenue's additions were deleted on these grounds.

A bona fide deduction claim under section 80P(2)(a)(i), previously accepted in scrutiny assessment and rectification proceedings, was not treated as under-reported income in the stated circumstances. The notes state that section 270A(1) uses "may", requiring consideration of the full circumstances rather than automatic penalty. They further state that a penalty notice and order referring only generally to section 270A, without specifying the applicable sub-clause or limb, cannot sustain the penalty. The reported conclusion is that the penalty for under-reporting was deleted.

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