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2018 (7) TMI 2396
Case Laws Income Tax
Mutuality requirements require scrutiny of contributor-participant identity and outside dealings before taxing interest income or deciding charitable exemption.
Mutuality requires examination of complete identity between contributors and participants and of any dealings with outside bodies before determining a charitable institution's exemption entitlement or the taxability of its interest income. As these material factual requirements had not been examined by the lower authorities, the assessment required fresh consideration. The matter was restored for reassessment, with a reasonable opportunity for the assessee to present submissions and supporting documents.

Circular No. 229/23/2024-GS Dated:- 20-9-2024 Gujarat SGST Dated:- 20-9-2024 Gujarat SGST
Dual-energy solar cookers, fire water sprinklers, and parts of poultry-keeping machinery attract 12% GST under the stated classifications. Agricultural farm produce in packages exceeding 25 kilogram or 25 litre is excluded from "pre-packaged and labelled" treatment and does not attract 5% GST. Specified past-period issues are regularised on an "as is where is" basis. Regularisation for eligible government-programme supplies of pulses and cereals requires a prescribed certificate and denial or reversal of related input tax credit.

2017 (7) TMI 1492
Case Laws Income Tax
Principle of mutuality requires verification of contributor-participant identity before taxing interest income or denying charitable exemption.
Taxability of an assessee's interest income outside the principle of mutuality depends on factual verification of complete identity between contributors and participants. The inquiry must also establish whether transactions are confined to persons contributing to a common fund, without dealings with outside bodies. Exemption under Section 11 cannot be denied without examining these factual requirements, as they are material to determining whether the income retains its mutual character.

Circular No. 231/25/2024-GST Dated:- 11-10-2024 Gujarat SGST Dated:- 11-10-2024 Gujarat SGST
GST input tax credit on demo vehicles used by authorised motor-vehicle dealers is available where the vehicles are used to promote and facilitate the dealer's further supply of similar motor vehicles. Credit is not available where vehicles are used for unrelated purposes or where the dealer merely provides marketing or test-drive facilitation services to a manufacturer without selling vehicles on its own account. Capitalisation does not by itself affect credit, subject to applicable conditions, depreciation restrictions, and the prescribed capital-goods disposal mechanism on subsequent sale.

Circular No. 232/26/2024-GST Dated:- 11-10-2024 Gujarat SGST Dated:- 11-10-2024 Gujarat SGST
Data hosting services supplied by an Indian provider to an overseas cloud computing provider are supplied on a principal-to-principal basis and are not intermediary services where the provider does not facilitate supplies to end users. The services are neither in respect of recipient-made-available goods nor directly related to immovable property. Where no specific place-of-supply provision applies, the place of supply is the recipient's overseas location. Such supply may qualify as export of services, subject to the remaining statutory export conditions.

Corp. Laws, SEBI & IBC
Dated:- 17-8-2026
The Prime Minister Internship Scheme provides paid internships with leading companies across India to improve youth employability through practical workplace exposure, industry experience and skills development. It addresses the gap between classroom learning and employers' expectations of workplace readiness. Participation is not confined to academic qualifications, allowing youth to pursue fields of interest and gain hands-on professional learning. Strong internship performance may lead to full-time roles, while the scheme stresses responsible work where errors may affect quality, consumer safety and organisational reputation.

Customs, DGFT & SEZ
Dated:- 17-8-2026
SAFTA preferential duty treatment for areca-nut imports was allegedly misused by falsely declaring goods originating in South-East Asian countries as Bangladeshi origin. Since areca nuts normally attract 100% basic customs duty, the scheme sought to obtain the full SAFTA exemption reserved for qualifying Bangladeshi goods meeting Rules of Origin requirements. The alleged mechanism included routing goods through Bangladesh, changing containers and bags, using improperly obtained Certificates of Origin, and facilitating clearance through importers, Customs Brokers and IEC holders. Investigative findings also indicated cash proceeds, hawala channels and dummy entities.

Notification No. 70/2026 Dated:- 14-8-2026 Customs - Non Tariff
Customs tariff values are revised for specified edible oils, brass scrap, gold, silver and areca nuts. The revised valuation tables cover crude and refined palm oil and palmolein, crude soya bean oil, brass scrap, specified gold bars, coins and findings, and specified silver forms, medallions, coins and semi-manufactured silver. Silver excludes foreign currency coins, silver jewellery and silver articles. Areca nuts are assigned a revised tariff value. The substituted tariff valuation tables take effect from 15 August 2026.

Circular No. 230/24/2024-GST Dated:- 11-10-2024 Gujarat SGST Dated:- 11-10-2024 Gujarat SGST
Where an Indian advertising agency provides an integrated advertising service to a foreign client on its own account, contracts separately with media owners and invoices the foreign client, it is not an intermediary. The foreign client remains the recipient; an Indian representative or target audience is not the recipient. Such services are not performance-based merely because advertisements are displayed in India. The recipient-location rule applies where no special rule governs, so the place of supply is outside India, subject to export conditions. An agency that only facilitates a direct media-owner supply to the foreign client is an intermediary.

Circular No. 233/27/2024-GST Dated:- 11-10-2024 Gujarat SGST Dated:- 11-10-2024 Gujarat SGST
IGST refunds on exports may be regularized where inputs were initially imported without payment of IGST and compensation cess under specified customs exemption benefits, provided the importer subsequently pays those taxes with interest. The refund is not treated as contravening rule 96(10) where the relevant bill of entry is reassessed by jurisdictional customs authorities to reflect payment of IGST and compensation cess.

FEMA / RBI
Dated:- 17-8-2026
PTI
The Reserve Bank of India restricted its concessional swap facility for FCNR(B) deposits to deposits mobilised by August 31, advancing the earlier cut-off date. The facility was intended to encourage foreign-currency inflows, while banks mobilise such deposits through attractive interest rates. Market commentary indicated that existing inflows may support the rupee in the near term, but the curtailed availability of the facility could reduce this temporary cushion and increase depreciation risk.

Circular No. 235/29/2024-GST Dated:- 7-11-2024 Gujarat SGST Dated:- 7-11-2024 Gujarat SGST
Extruded or expanded savoury or salted products, other than un-fried or un-cooked extruded snack pellets, attract GST at 12% prospectively from 10 October 2024; the earlier-period rate remains 18%. Un-fried or un-cooked extruded snack pellets continue at 5%. Railway Roof Mounted Package Unit air-conditioning machines fall under HS 8415 and attract 28% GST. Two-wheeler seats fall under HS 8714 at 28%, while four-wheeler seat assemblies fall under HS 9401; car seats attract 28% GST prospectively from 10 October 2024.

Closure or dropping of GST adjudication under Section 74 does not automatically end prosecution under Section 132, since the proceedings are legally distinct. A separate judicial order is generally required to terminate the criminal case. Where the closure order exonerates the assessee on merits and rejects the factual basis of alleged evasion, fraud, or suppression, it may be produced with DRC-03, payment evidence, and departmental communications to seek discharge or closure, followed by quashing if necessary. Compounding under Section 138 is an alternative settlement mechanism, not an automatic requirement.

GST confiscation proceedings under Section 130 may be challenged where excess or unaccounted stock has already been investigated, valued, subjected to tax, interest and penalty under Section 74A, and released. Mere excess stock is insufficient by itself to support confiscation, and an alleged intent to evade tax requires supporting evidence. A subsequent confiscation notice requires an independent statutory basis where no fresh material has emerged. Any additional penalty for non-recording of stock must identify the precise contravention and supporting evidence.

Notification No. 45/2026 Dated:- 14-8-2026 Central Excise - Tariff
Road and Infrastructure Cess on exports of diesel outside India is revised by substituting the entry against serial number 2 in the applicable exemption table with "Nil". The amendment takes effect from 15 August 2026.

Notification No. 44/2026 Dated:- 14-8-2026 Central Excise - Tariff
Special Additional Excise Duty on exports of aviation turbine fuel outside India is revised by substituting the rate specified against serial number 1 in the relevant exemption table with Rs. 19.5 per litre. The rate revision takes effect from 15 August 2026.

Notification No. 43/2026 Dated:- 14-8-2026 Central Excise - Tariff
Special Additional Excise Duty on exports of petrol outside India is revised by substituting the applicable rate against serial number 1 with "Nil". The amendment takes effect from 15 August 2026.

By: - K Balasubramanian
State GST limitation extensions for adjudication orders require a corresponding notification under the relevant State Goods and Services Tax enactment. A Central GST notification extending the period for orders under the Central Act does not, by itself, enlarge the limitation period under a State Act. Extensions for annual-return filing do not automatically extend deadlines for show-cause notices or adjudication orders. Pending appeals involving State GST actions based on a Central extension without an equivalent State notification require examination against the State Act's limitation framework.

By: - Sadanand Bulbule
Section 130 confiscation is treated as an exceptional measure requiring independent grounds and concrete proof of deliberate tax evasion, rather than a routine consequence of transit detention or documentation discrepancies. The expression "goods or conveyance" is construed disjunctively: goods-related contraventions and conveyance-related misuse require separate culpability analysis. Simultaneous confiscation of cargo and vehicle, overlapping penalties, and dual redemption fines are criticised where based only on template allegations. Transporters may establish lack of knowledge or connivance through bona fide carriage records and seek provisional release pending adjudication.

By: - DR.MARIAPPAN GOVINDARAJAN
Anticipatory bail requires a reasonable and specific apprehension of arrest and cannot operate as blanket protection for unspecified future offences. Where no imminent arrest threat exists and the agency has only issued summons for participation in investigation, anticipatory bail is not warranted. A direction requiring seven days' prior notice before coercive action is consistent with natural justice, enabling persons to pursue legal remedies while preserving the investigating agency's power to investigate suspected GST fraud.

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