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Section 9 of the Tribunals Reforms Act, 2026.
Commission meetings follow procedures specified by regulations. The Chairperson presides, or, in the Chairperson's absence, the senior-most Judicial Member present. Decisions are made by a majority of members present and voting, including the Chairperson, who has a casting vote.
Section 8 of the Tribunals Reforms Act, 2026.
The Secretariat of the Commission is headed by a Secretary appointed by the Central Government from officers of Secretary rank, who exercises prescribed administrative and financial powers. Its staffing, appointments, and service conditions are prescribed. The Secretariat discharges prescribed functions under the Chairperson's general and administrative oversight, and the Chairperson may issue general instructions and directions for efficient administration.
Section 7 of the Tribunals Reforms Act, 2026.
Validity of Commission actions is preserved despite vacancies, defects in the Commission's constitution, or defects in the appointment of its Chairperson, acting Chairperson, or members. Such deficiencies do not by themselves invalidate any act or proceeding of the Commission.
Section 6 of the Tribunals Reforms Act, 2026.
Resignation by the Chairperson or a Member requires written notice to the Central Government and ordinarily takes effect after three months, appointment of a successor, or expiry of the term, whichever occurs first. Removal may occur for insolvency, conviction involving moral turpitude, incapacity, prejudicial interests, or abuse of position. For removal based on prejudicial interests or abuse, charges must be communicated and a reasonable hearing provided through a prescribed inquiry conducted by a committee headed by a Supreme Court Judge nominated by the Chief Justice of India.
Section 5 of the Tribunals Reforms Act, 2026.
Appointment of the Chairperson and Members of the Commission is made by the Central Government, with consultation with the Chief Justice of India required for the Chairperson and Judicial Members. Their term is five years or until seventy years of age, whichever is earlier, and service conditions are prescribed. The senior-most Judicial Member performs the Chairperson's role during a vacancy or temporary inability, pending assumption of office by a new Chairperson or resumption by the incumbent.
Permissible view on disclosed write-offs prevents revision when assessment followed enquiry and lacks error prejudicial to Revenue.
Revision under Section 263 requires an assessment order to be both erroneous and prejudicial to the interests of the Revenue. Disclosed write-offs in audited accounts were considered during assessment after necessary enquiries. Where allowability of the write-offs permits two legally sustainable views, the Assessing Officer's adoption of one permissible view is not erroneous merely because the Commissioner prefers another. The revisionary order was therefore invalid, and the assessment order was restored in favour of the assessee.
Section 4 of the Tribunals Reforms Act, 2026.
The Commission conducts selection processes for vacancies of Chairpersons and Members of specified Tribunals through Search-cum-Selection Committees. Its functions also include reviewing Tribunal performance, preparing an annual report for submission to the Central Government, overseeing inquiries into complaints against Chairpersons and Members, and developing and maintaining the National Tribunals Data Grid.
Section 3 of the Tribunals Reforms Act, 2026.
National Tribunals Commission is to be established from a date appointed by the Central Government through Official Gazette notification, to exercise statutory powers and perform assigned functions. The Commission shall comprise a Chairperson and four Members, including two Judicial Members and two Technical Members. Eligibility requires prior service as a Supreme Court Judge or Chief Justice of a High Court for the Chairperson, prior High Court judicial service for Judicial Members, and at least twenty-five years' specialised experience for Technical Members.
Section 2 of the Tribunals Reforms Act, 2026.
Section 2 establishes the definitional framework for the Tribunals Reforms Act, 2026. It gives an inclusive meaning to Chairperson and Member across Tribunals, while separately defining the Chairperson and members of the National Tribunals Commission. It also defines the Commission, Secretariat, Search-cum-Selection Committee, National Tribunals Data Grid, prescribed rules, regulations, Schedules, and Tribunal.
Circular No. 246/3/2025-GST Dated:- 1-3-2025 Gujarat SGST Dated:- 1-3-2025 Gujarat SGST
Late fee applies for delay in furnishing a complete annual return where FORM GSTR-9C is required. FORM GSTR-9 alone does not complete the annual-return obligation if the reconciliation statement is mandatory. Late fee is calculated from the annual-return due date until both FORM GSTR-9 and FORM GSTR-9C are furnished, and is not separately levied for each form. For annual returns up to financial year 2022-23, excess late fee is waived if the required FORM GSTR-9C is furnished by 31 March 2025, while late fee already paid is not refundable.
Section 1 of the Tribunals Reforms Act, 2026.
The Tribunals Reforms Act, 2026 seeks to improve tribunal efficiency, independence, transparency and uniformity in qualifications, appointments, service conditions, administration and functioning. It provides for a National Tribunals Commission and consequential amendments to related enactments. Section 1 permits commencement by Official Gazette notification, including different dates for different provisions; commencement references apply to the effective date of the relevant provision. Commencement took effect from 25 August 2026.
Notification No. 21/2021-State Tax (Rate) Dated:- 1-1-2022 Gujarat SGST
Gujarat SGST rate classification is amended from 1 January 2022. The earlier notification relating to textile products is superseded, and the entry for specified textile products in the 2.5% Schedule is omitted. Footwear of sale value not exceeding Rs. 1,000 per pair is inserted in the 6% Schedule.
Notification No. 20/2021-State Tax (Rate) Dated:- 1-1-2022 Gujarat SGST
Gujarat amended classification entries in the GST exemption table issued under section 11 of the Gujarat Goods and Services Tax Act, 2017, following changes in Harmonised System codes under the Customs Tariff Act, 1975. The tariff entries against serial numbers 4 and 29 were substituted with "4414" and "7419 80" respectively, effective 1 January 2022.
Special insurance-business computation excludes exempt-income expenditure disallowance, preserving separate profit determination for life-insurance companies.
Insurance-company profits are computed under section 44 read with rule 2 of the First Schedule, a special mechanism that operates notwithstanding other Income-tax Act computation provisions. On the stated consistent Tribunal view, this mechanism excludes disallowance of expenditure relating to exempt income under section 14A read with rule 8D for life-insurance companies. Consequently, no such disallowance can be made, and deletion of the disallowance is sustained.
Interim protection from arrest is ancillary to anticipatory bail proceedings and cannot continue after a pre-arrest bail application is dismissed as not maintainable. Protection granted after such dismissal was therefore set aside. Communication of the Commissioner's arrest authorisation under the CGST Act is necessary to enable the affected person to seek anticipatory bail or challenge the recorded reasons through judicial review. The authorisation must be communicated electronically, in addition to other legally permissible modes; without prior communication, arrest cannot proceed. The affected person may pursue available legal remedies after communication, while the investigation continues independently of these observations.
Transitional applicability of the appellate pre-deposit requirement depends on the law in force when adjudicatory proceedings commenced through issuance of the show-cause notice. Appeals against penalty orders arising from notices issued before substitution of the proviso to Section 107(6) of the CGST Act remain governed by the earlier pre-deposit provision. Petitioners must pursue the statutory appellate remedy, with physical filing accepted where electronic filing is unavailable because no individual registration or temporary identification exists. The merits, including whether penalty provisions apply to a person who is not taxable, remain open for determination in accordance with the Supreme Court's ultimate decision.
Service of GST notices after cancellation of registration must be effective, and an adverse adjudication requires a meaningful opportunity to reply and a personal hearing. Where registration had been cancelled and the taxpayer was not effectively served or heard, the adjudication order was quashed. The taxpayer was permitted to file a reply to the show-cause notice, and the Department could undertake fresh adjudication in accordance with law after granting a personal hearing.
Alternative statutory remedy under GST did not prevent protective writ intervention where an ex parte adjudication was linked to partners' medical exigencies and substantial tax, interest and penalty exposure. The input tax credit dispute remained undecided on merits. Recourse to the statutory appeal was permitted subject to payment of the prescribed pre-deposit and imposed costs, with the appellate authority required to entertain the appeal and determine it independently in accordance with law. The writ proceedings therefore preserved access to the appellate remedy without deciding the underlying input tax credit demand.
Assessment orders passed after non-response to portal-issued show-cause notices were quashed after the assessee agreed to make the stipulated deposit in instalments and appear before the assessing authority. The assessee may file replies and supporting documents, with the impugned assessment orders treated as addenda to the respective show-cause notices. Fresh adjudication on merits is conditional on compliance with the deposit and reply-filing requirements. If those conditions are not met, recovery proceedings may continue as though the writ petitions had been dismissed in limine.
Fresh adjudication of a confirmed tax demand may proceed only after verification that the entire disputed tax has been recovered or after deposit of any unrecovered balance. The demand was remitted for a final decision on merits, conditional on verification or payment of the disputed tax and submission of a reply to the show-cause notice with supporting documents. If those conditions were not met, recovery could continue in accordance with law after due notice.