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2021 (2) TMI 1415
Case Laws Customs
Consideration of customs exemption representation does not mandate Social Welfare Surcharge relief; assessment must proceed according to law.
A direction to consider a representation seeking exemption from Social Welfare Surcharge requires examination of the assessment of Bills of Entry in light of the claimed exemption. It does not mandate that the exemption be granted. The representation must be decided in accordance with law, and consideration was required within six weeks. The clarification confines the operative effect of the direction to lawful consideration of the exemption claim rather than any predetermined entitlement to exemption.

Residual Income
Manuals Income Tax
Definitions - Definition / Legal Terminology
For Part B applicable to NPOs, residual income is computed from total income determined without applying that Part, after deducting regular income and specified income. The resulting balance constitutes residual income for the NPO framework.

Circular No. F.2 (530)/Policy/GST/2024/2079-88 Dated:- 10-10-2024 Delhi SGST Dated:- 10-10-2024 Delh...
Refund functions under section 54 of the Delhi Goods and Services Tax Act, 2017 are assigned to specified proper officers according to pecuniary and territorial jurisdiction. Assistant Commissioners and GSTOs decide claims up to the prescribed lower threshold, while senior proper officers decide claims exceeding it. Online higher-value applications must be placed before the competent senior officer. If refund rejection entails recovery of ineligible input tax credit, the matter must be referred to the jurisdictional proper officer or ward officer.

2024 (5) TMI 1720
Case Laws Income Tax
Goodwill acquired in a slump sale qualifies as a depreciable intangible asset, while write-offs require evidentiary verification.
Goodwill and business or commercial rights acquired when an undertaking is transferred as a going concern through slump sale qualify as depreciable intangible assets under Section 32(1)(ii). Consideration may arise from assuming and discharging liabilities exceeding tangible-asset value, and accounting treatment does not determine tax treatment. The sixth proviso to Section 32(1) does not apply where the goodwill was not a depreciable asset in the transferor's books. Write-offs of transferred receivables, advances and loans require evidence of ordinary-course origin, prior income recognition where relevant, and business-purpose advances; the claim requires fresh factual examination.

2023 (11) TMI 1457
Case Laws SEBI
Approved insolvency resolution plans bar pre-CIRP corporate penalties, while promoter-directors remain liable for securities-law misconduct and proportionate sanctions.
Approved resolution plans that result in a change of management or control extinguish a corporate debtor's liability for pre-CIRP offences, preventing continued statutory adjudication and monetary penalties for those defaults. Promoter-directors involved in day-to-day management remain liable for fraudulent financial reporting, an improper buy-back, and a purported acquisition used to settle related-party dues. Non-disposable undertakings, pledges and irrevocable powers restricting dealings in shares constitute encumbrances requiring takeover-law disclosure. Unexplained adjudicatory delay, though not invalidating proceedings, mitigates penalties. Monetary sanctions must be proportionate, supported by material on gain, investor loss, repetitive conduct and existing market-access restrictions.

Circular No. Circular No. 1/2022-GST Dated:- 11-10-2022 Delhi SGST Dated:- 11-10-2022 Delhi SGST
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.

2007 (5) TMI 701
Case Laws SEBI
Fraudulent market manipulation through misleading buyback publicity triggered PFUTP violations and a two-year securities-market restraint.
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.

Circular No. Circular No. 13/2020-GST Dated:- 19-8-2020 Delhi SGST Dated:- 19-8-2020 Delhi SGST
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.

2021 (3) TMI 1499
Case Laws Income Tax
Additional tax claims may be raised in appellate proceedings despite omission from the original return or assessment stage.
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.

Circular No. PUBLIC NOTICE NO. 132/2020 Dated:- 13-10-2020 Trade Notice Dated:- 13-10-2020 Trade Not...
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.

Customs & Trade
Dated:- 11-9-2026
PTI
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.

Circular No. Circular No. 8/2020-GST Dated:- 13-7-2020 Delhi SGST Dated:- 13-7-2020 Delhi SGST
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.

1979 (1) TMI 252
Case Laws Indian Laws
Res judicata bars renewed challenges to agreement enforceability when the same issue between contesting parties was finally decided earlier.
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.

Definitions - Definition / Legal Terminology
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
Manuals Income Tax
Definitions - Definition / Legal Terminology
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.

Circular No. Circular No. 12/2020-GST Dated:- 11-8-2020 Delhi SGST Dated:- 11-8-2020 Delhi SGST
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
Manuals Income Tax
Definitions - Definition / Legal Terminology
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.

Notification No. IFSCA/GN/2025/1 Dated:- 4-2-2025 Indian Law
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.

Circular No. Circular No. 7/2020-GST Dated:- 5-7-2020 Delhi SGST Dated:- 5-7-2020 Delhi SGST
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
Manuals Income Tax
Definitions - Definition / Legal Terminology
Donation under Part B of the Income-tax Act, 2025 means any voluntary contribution received by a registered non-profit organisation from any person.

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