RESIDUAL INCOME Definition as per the Income-tax Act, 2025 Section 355 { For purpose of Part B, NPO} "residual income" means the total income without giving effect to the provisions of this Part, as reduced by regular income and specified income.         =============... ... ...

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF TRADE & TAXES VYAPAR BHAWAN, IP ESTATE, NEW DELHII-110002 ORDER No.F.2 (530)/Policy/GST/2024/2079-88 Dated: 10/10/2024 In supersession of all previous orders regarding assignment of function under section 54 of DGST Act, 2017 regarding delegation power of refund to the proper officers and in exercise of the powers conferred upon me under sub-section (1) read with sub-section (3) of section 5 of the Delhi Goods and ... ... ...

SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI SANDEEP SINGH KARHAIL (JUDICIAL MEMBER) For the Assessee : Mr. Madhur Agrawal, Mr. Fenil Bhatt & Mr. C.C. Dangi For the Revenue : Ms. R A Dhyani, CIT-DR ORDER PER BENCH These appeals by the assessee are directed against separate orders passed by the National Faceless Appeal Centre, Delhi [in short 'the Ld. CIT(A)'] for assessment year 2013-14 to 2017-18 respectively. 2. As common grounds of appeal are involved in these a... ... ...

JUSTICE TARUN AGARWALA, PRESIDING OFFICER AND MS. MEERA SWARUP, TECHNICAL MEMBER For the Appellant : Ms. Shreya Parikh, Advocate i/b Eshwars, Advocates For the Respondent : Mr. Abhiraj Arora, Advocate with Mr. Deepanshu Agarwal, Ms. Misbah Dada, Mr. Shourya Tanay, Advocates i/b ELP ORDER Per : Justice Tarun Agarwala, Presiding Officer 1. Three appeals have been filed by the four noticees against a common order dated March 22, 2022 passed by the Adjudicating Officer (hereinafter re... ... ...

Inter-State supplies to unregistered persons and composition taxable persons must be reported place of supply-wise in FORM GSTR-3B and FORM GSTR-1, with correct customer State details and tax-invoice disclosures. ITC auto-populated from FORM GSTR-2B must be adjusted for ineligible and reversed credit before net ITC is credited to the electronic credit ledger. Permanent reversals and blocked credit are reported in Table 4B(1), while temporary reclaimable reversals are reported in Table 4B(2) and may be reclaimed after applicable conditions are met.

PFUTP Regulations prohibit transactions that artificially affect securities prices, create a false or misleading appearance of trading, disseminate materially misleading information likely to induce securities dealings, or otherwise employ fraud in securities transactions. A preferential allotment to related shareholders, followed by a buyback announcement at a substantially higher price despite inadequate resources, withdrawal without corresponding public advertisement, dematerialisation and substantial share offloading, was treated as an orchestrated scheme. The resulting abnormal price and volume movements artificially created demand and induced investor purchases, constituting market manipulation, misleading information and unfair trade practices; the participants were restrained from securities-market access and dealings for two years.

Lending of securities under the Securities Lending Scheme, 1997 is a taxable GST service because temporary lending for a fee does not involve disposal of securities. The lender's fee is consideration, while intermediary services facilitating lending and borrowing for commission or fees are separately taxable. For the earlier period, the lender was liable under forward charge; from 1 October 2019, the borrower is liable to pay IGST under the reverse charge mechanism.

Appellate authorities may admit and adjudicate additional grounds for dividend exemption and depreciation on Government securities even where those claims were omitted from the original return and not raised before the Assessing Officer. The restriction recognised in Goetze (India) Ltd. applies to the Assessing Officer's power to accept a fresh claim without a revised return; it does not limit statutory appellate jurisdiction. Because appellate proceedings aim to determine the correct tax liability, the appellate authority has broad power to consider such additional claims on their merits. Refusal to entertain them was unsustainable.

Faceless assessment clearance grievances concerning Bills of Entry filed at Nhava Sheva are channelled through the Facilitation Helpdesk operated by the Turant Suvidha Kendra. Importers, exporters, customs brokers and other stakeholders may approach the Superintendent or Appraising Officer for grievances relating to Bill of Entry clearance within Mumbai Customs Zone-II. A designated Joint/Additional Commissioner serves as the nodal officer and single escalation point for urgent clearance grievances.

BRICS members and partner countries are encouraged to link payment systems, expand local-currency trade settlement, and make digital trade globally accessible. Market-access priorities include opening goods and services markets, reducing non-tariff barriers, simplifying regulatory procedures, and facilitating faster consignment clearance. Proposed cooperation also addresses diversified supply chains, professional qualification recognition, agricultural technology, trade-finance access for micro, small and medium enterprises, digital trade documentation, and platforms for agricultural commodity trading and investment cooperation.

Government services supplied to business entities for consideration, including grants of licences and privileges, are generally taxable under GST through reverse charge. State Government grants of licences for alcoholic liquor for human consumption against licence or application fees are, however, treated as neither a supply of goods nor a supply of services. The corresponding pre-GST service was exempted from Service Tax for the relevant period. This special dispensation is limited to alcoholic liquor licences and does not apply to other fee-based licences or privileges.

Appellate courts may allow pleadings to be amended to introduce res judicata, subject to ordinary amendment principles, including delay and an adequate explanation for not raising the plea earlier. Availability of all relevant material on record can support, but is not indispensable to, such an amendment. Res judicata bars a later declaratory suit where the same material issue between the same contesting parties was finally determined earlier, even if the reliefs differ or additional parties are joined. A prior determination that an agreement and surety bond remained enforceable through ratification therefore precludes renewed litigation over non-compliance with Article 299.

A registered non-profit organisation is a person with valid registration under a specified provision for the purposes of Part B. The status applies only while that registration remains uncancelled.

Registration for Part B concerning NPOs includes provisional registration, provisional approval and approval recognised under the specified income-tax registration and exemption framework, including registration under section 332. It excludes approval relating to the specified donor-deduction regime and approval under section 354.

A registered person who inadvertently filed a NIL refund claim in FORM GST RFD-01A/RFD-01 may reapply for the same period through the "Any Other" category, with requisite supporting documents. For unutilised input tax credit refunds involving exports without tax payment, SEZ supplies without tax payment, or inverted tax structure, no subsequent-period claim under the same category must have been filed. The proper officer scrutinises eligibility, determines the admissible refund, may require electronic credit ledger debit through FORM GST DRC-03, and may issue refund and payment orders upon proof of debit.

Commercial activity for purposes of Part B concerning NPOs includes trade, commerce, business, and services connected with trade, commerce or business, where a cess, fee or other consideration is received. Its characterisation is unaffected by the use, application or retention of the resulting income.

Recognition of bullion exchanges and bullion clearing corporations requires demutualised companies with fit-and-proper management and shareholders, compliant ownership and governance structures, prescribed net worth, and adequate infrastructure. Exchanges must provide screen-based trading, real-time surveillance, member regulation, grievance redressal and continuity systems. Clearing corporations must maintain risk-management, netting, novation, settlement-guarantee, member-connectivity and orderly wind-down arrangements. Every exchange must use a bullion clearing corporation for clearing and settlement, and settlement obligations determined under approved bye-laws are final, irrevocable and binding.

GST classification separates operational support services for petroleum, natural gas and mining extraction under heading 9986 from geological, geophysical, consulting, mineral exploration and evaluation services under heading 9983. Extraction support includes well-related operations, test drilling connected with extraction and contract operation of extraction units. Geological and geophysical prospecting, feasibility studies, project evaluation, surveying and mineral evaluation are classified separately. Services outside these entries must be classified under their respective headings and taxed accordingly.

Donation under Part B of the Income-tax Act, 2025 means any voluntary contribution received by a registered non-profit organisation from any person.

Internal party discipline concerning a clash between an elected representative and party workers is being addressed through an inquiry report, prior suspension of two workers, and efforts to secure an amicable resolution. Consideration of a corruption case arising from an Enforcement Directorate request for registration of an FIR is subject to legal advice and a decision on lawful governmental action. The request concerns alleged evidence gathered through investigation and searches under the Prevention of Money Laundering Act.