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2011 (9) TMI 1271
Case Laws Indian Laws
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V. GOPALA GOWDA, C.J. AND B.N. MAHAPATRA, JJ. ORDER B.N. Mahapatra, J. 1. Heard. Mr. P. Acharya, Learned Counsel for the Petitioners and Mr. R.K. Mohapatra, Learned Government Advocate on behalf of Opp. Parties. 2. This Writ Petition has been filed by the Petitioner-Company seeking issuance of a writ of certiorari quashing the impugned Order Dated 29.8.2011 under Annexure-6 passed by the Deputy Director of Mines, Joda, Keonjhar suspending the license of the Petitioner-company urging ... ... ...

Circular No. F.3(417)/GST/Policy/2021-22/253-60 Dated:- 6-2-2023 Delhi SGST Dated:- 6-2-2023 Delhi S...
GOVT OF NCT OF DELHI DEPARTMENT OF TRADE AND TAXES, VYAPAR BHAWAN, I.P. ESTATE NEW DELHI-11000 (POLICY BRANCH) No.F.3(417)/GST/Policy/2021-22/253-60 Dated :- 06/02/2023 STANDARD OPERATING PROCEDURE (SOP) FOR ATTACHEMENT / DETACHMENT OF BANK ACCOUNT 1. It has been observed that certain demands are pending under the DVAT as well as GST against which neither any objection/appeal has been filed nor the dues are being paid by erring dealers. As soon as it comes to the notice o... ... ...

1898 (10) TMI 1
Case Laws Indian Laws
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HALE HORATIO SHEPHARD, C.J., H.T. BODDAM, DAVIES, S. SUBRAMANIA IYER, MOORE AND BENSON, JJ. JUDGMENT Hale Horatio Shephard, C.J. 1. The first question is whether any appeal lies under Clause 15 of the Letters Patent from orders passed under the provisions of Section 622 of the Civil Procedure Code. Considering this question with exclusive reference to the language used by the framers of the Letters Patent and the Charter Act, I should have great difficulty in holding that Clause 15, rea... ... ...

Circular No. F IV/31/T&T/12/Centralized Reg. Cell/2023/3380-89 Dated:- 2-5-2023 Delhi SGST Dated:- 2...
Centralized GST registration processing is to be established through SEVA KENDRA, a single registration cell for the entire Delhi jurisdiction. Once operational guidelines take effect, every GST registration matter is to be processed at SEVA KENDRA irrespective of area-based jurisdiction. Proper Officers deployed there are to manage GST registration applications, while transfer of Application Reference Numbers, where required under the rules, is to be undertaken only by State Administration.

2021 (5) TMI 1099
Case Laws Indian Laws
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THE HONOURABLE DR. JUSTICE B.R.SARANGI AND THE HONOURBALE SHRI JUSTICE K.R. MOHAPATRA For the Petitioners : Mr. Nirmal Chandra Panigrahi-in person Mr. Budhadev Routray, Sr. Advocate along with M/s. N.K. Tripathy, D. Dhal, J. Biswal and S.D. Routray, Advocates For the opp. Parties : Mr. Ashok Kumar Parija, Advocate General, Odisha DR. B.R. SARANGI, J. The petitioners, by means of this writ petition, seek to quash the letter dated 02.08.2018 issued by the Assistant Collector, Office of... ... ...

Notification No. 1 of 2026 Dated:- 10-9-2026 Income-Tax Act, 2025
DGIT(S)/ADG(S)-2/Reporting Portal/2026/3768 Government of India Ministry of Finance Central Board of Direct Taxes Directorate of Income Tax (Systems) Notification No. 1 of 2026 New Delhi, 10th September, 2026 Section 508 of the Income-tax Act, 2025 and rule 237 of Income-tax Rules, 2026 require specified reporting persons to furnish statement of financial transaction (SFT). 2. For the purposes of pre-filling the return of income, sub-rule 6 of rule 237 specifies that ... ... ...

Notification No. 2 of 2026 Dated:- 10-9-2026 Income-Tax Act, 2025
Registrar and Share Transfer Agents must furnish half-yearly SFT-2518 information on mutual fund transactions for return pre-filling, through prescribed SFTP filing and a control statement verified by the Designated Director. Reporting covers user-initiated debit transactions and uses FIFO matching to identify corresponding credits, determine holding periods, classify assets, and estimate sale consideration and acquisition cost. Prescribed files capture account summaries, transaction-level capital-gain data, and off-market transfers. Corrections and deletions require specified statements, while validation failures, information security, archival, and retrieval obligations apply to all reporting entities.

Circular No. F.3/432/GST/Policy/2023/1048-1053 Dated:- 31-10-2023 Delhi SGST Dated:- 31-10-2023 Delh...
GST return scrutiny for FY 2017-18 requires observance of the taxpayer's 30-day period for replying or making a representation to a show-cause notice. A personal hearing should be scheduled after the reply is filed or after expiry of that period, as applicable, and must be afforded before any adverse order. Notices covering issues already concluded through audit or return scrutiny must be withdrawn to the relevant extent after verification and recording of reasons. Taxpayers must be informed where proceedings are dropped.

2021 (3) TMI 1500
Case Laws Indian Laws
Licence suspension under Rule 9 requires notice, independent assessment, and a prima facie breach by the licensee.
Rule 9 of the Orissa Minerals Rules permits suspension or cancellation of a licence for breach of licence conditions only after issuing a show-cause notice. Transit passes or permits cannot be withheld merely on concerns relating to group entities where those concerns have been clarified and do not establish a breach by the licensee. Environmental-clearance issues concerning another group entity do not justify action against the licensee under Rule 9. Licensing authorities exercising quasi-judicial power must act independently, identify a prima facie breach of licence conditions, and cannot act under another authority's dictation. Suspension was liable to be quashed upon filing an affidavit confirming rectification and future compliance.

2024 (4) TMI 1428
Case Laws Indian Laws
Transfer of Related Writ Petitions Centralises a Common Legal Issue for Coordinated Consideration and Common Record Preparation.
Twenty-seven writ petitions pending before nine High Courts, concerning an issue already under consideration in a pending Supreme Court batch, were transferred for consolidated adjudication. The transfer centralises related challenges before one forum and enables coordinated consideration with connected special leave petitions, writ petitions and appeals. The Union of India may file counter-affidavits where not already filed, while designated nodal counsel must prepare a common compilation under the applicable standard operating procedure. The transfer petitions were allowed and pending applications were disposed of.

Circular No. F. No. 3(186)/GST Policy/2023/724-730 Dated:- 26-6-2023 Delhi SGST Dated:- 26-6-2023 De...
Registration functions under sections 25 to 27 of the Delhi Goods and Services Tax Act, 2017 are assigned to Assistant Commissioners and GST Officers posted in the Centralized GST Registration Cell, known as Seva Kendra. The officers perform the registration-related functions of a Proper Officer throughout the National Capital Territory of Delhi, subject to the continuing registration arrangement and partial modification of the territorial-jurisdiction framework.

Circular No. F.3(486)GST/Policy/2023/721 Dated:- 23-6-2023 Delhi SGST Dated:- 23-6-2023 Delhi SGST
GST registration applications are centrally processed by Seva Kendra, which handles only fresh applications and transfers post-registration matters to jurisdictional officers. Aadhaar-authenticated applications are ordinarily processed within seven working days, while non-authenticated, risk-flagged, or physically verified applications are processed within thirty days. Deficiency notices are issued in FORM GST REG-03 and answered in FORM GST REG-04; non-response or unsatisfactory clarification may lead to rejection with recorded reasons. Proper officers must scrutinise prior registrations, cancellations, tax liabilities and business genuineness. Physical verification may examine premises, business capability, ownership records, identity documents and tax records.

FEMA & RBI
Dated:- 12-9-2026
Draft Reserve Bank of India (Know Your Customer) Amendment Directions, 2026 propose a Standard Operating Procedure for banks to place temporary debit holds on amounts or accounts linked to money-mule activity and cyber-enabled financial fraud. The consolidated draft applies to commercial banks, including small finance banks, payments banks, regional rural banks and local area banks, and to urban cooperative banks. Feedback may be submitted through the Reserve Bank's Connect 2 Regulate portal or by email before final directions are issued separately.

Circular No. F No. 2(29)/L&J/2017-18/84-90 Dated:- 21-4-2023 Delhi SGST Dated:- 21-4-2023 Delhi SGST
Functions relating to recovery of tax under sections 78 and 79 of the Delhi Goods and Services Tax Act, 2017 are assigned to all Assistant Commissioners and Goods and Services Tax Officers. The officers may perform the functions of a Proper Officer for tax recovery under those provisions and the rules made under the Act.

By: - Raj Jaggi
Export-duty refund limitation must run from the event that crystallises an enforceable refund right where the claimed excess was not part of the original assessment. An additional duty payment absent from shipping bills, let-export orders, and contemporaneous assessment records became ascertainable only through departmental reassessment. Section 27 continued to govern the refund claim; mistake of law or absence of authority of law did not create an alternative limitation route. Interest was to run after three months from reassessment because the refundable amount was not quantified earlier.

By: - DR.MARIAPPAN GOVINDARAJAN
National Tribunals Commission is established as the central institutional body for tribunal selection and oversight. Its functions include conducting selections through Search-cum-Selection Committees, reviewing tribunal performance, preparing annual reports, overseeing complaint inquiries, and maintaining a National Tribunals Data Grid. The unified framework governs qualifications, appointment, remuneration, removal, service conditions and reappointment eligibility of tribunal Chairpersons and Members across specified tribunals, notwithstanding inconsistent provisions in their governing enactments.

By: - K Balasubramanian
GST appellate remedies operate through first appeals and second appeals before the Goods and Services Tax Appellate Tribunal, though writ jurisdiction may remain relevant for serious defects in adjudication or appellate orders. Fraud-based demand proceedings require the revenue authorities to establish fraud, wilful misstatement, or suppression when issuing the show-cause notice. Refund claims cannot be denied for allegedly ineligible input tax credit without prior determination under the prescribed demand process. Portal uploading alone may not constitute effective service, and input tax credit may be available for property constructed for leasing rather than own use.

By: - Vivek Jalan
The exclusion of duty credit scrips from exempt supplies under Explanation 1 to Rule 43 operates prospectively and does not extend the benefit to prior periods. Accordingly, common ITC attributable to sales of MEIS or RoDTEP scrips up to June 2022 requires reversal, whereas ITC directly linked to manufacturing activities is not subject to such reversal. Fraud-based tax proceedings require material evidence of fraud, wilful misstatement, or intentional suppression of facts to evade tax.

Supplementary Refund under GST Laws
Articles Goods and Services Tax - GST
By: - YAGAY and SUN
Supplementary GST refund claims concern additional amounts omitted from an earlier claim, subsequently becoming eligible, or arising under a specific statutory mechanism. They are not an independently defined general category and depend on underlying eligibility, the relevant date, limitation, documentary evidence, and whether the amount was previously claimed, rejected, or refunded. An unclaimed eligible amount may support a further application within limitation, while an amount previously rejected generally requires the applicable appellate or statutory remedy. FORM GST RFD-01, prescribed refund calculations, reconciliation, unjust enrichment requirements, and duplication checks remain material.

By: - YAGAY and SUN
Customs query responses should substantiate declarations in Bills of Entry and Shipping Bills through accurate facts, consistent records and applicable customs requirements. Classification should be supported by objective product characteristics and tariff interpretation principles; valuation by transaction-specific commercial evidence and distinctions from comparable imports. Related-party pricing requires transparent disclosure and evidence that the relationship has not influenced price. Exemption and export-benefit claims require condition-wise proof, while origin claims must distinguish origin from shipment and invoicing. Quantity or description discrepancies should be reconciled across commercial and transport documents, with genuine errors addressed through appropriate amendment.

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