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2011 (9) TMI 1271
Case Laws Indian Laws
Licensing discretion cannot be dictated by an unauthorised authority, rendering mineral transport licence suspension invalid.
Power to grant, suspend, revoke or rescind a mineral procurement and transport licence rests with the Deputy Director of Mines having territorial jurisdiction. That statutory authority must exercise its own discretion and cannot suspend a licence solely on directions from the Director of Mines, who lacks the prescribed power. Suspension issued pursuant to such an instruction is invalid in law.

Circular No. F.3(417)/GST/Policy/2021-22/253-60 Dated:- 6-2-2023 Delhi SGST Dated:- 6-2-2023 Delhi S...
Bank-account attachment for recovery of unpaid DVAT and GST demands may cover tax, penalty, interest and other dues, including provisional attachment to protect revenue in specified cases. Prior approval of the Commissioner, Trade and Taxes is mandatory for attachment and detachment. Bank communications must be digitally signed, issued in the prescribed format, copied to the Nodal Officer, and sent through the concerned officer's official email account. Banks may seek Nodal Officer confirmation before detaching an account.

1898 (10) TMI 1
Case Laws Indian Laws
Letters Patent appeals remain available where a single Judge's revisional order determines substantive rights or interests.
Appeals under Clause 15 of the Letters Patent lie from a single Judge's order under Section 622 of the Civil Procedure Code when the revisional order amounts to a judgment determining rights or interests. The majority treated revisional power as appellate in character because it reviews and corrects proceedings already decided by a subordinate court. Sections 588 and 591 did not restrict a Letters Patent appeal in those circumstances. The dissent distinguished revisional jurisdiction from appellate jurisdiction and considered statutory restrictions on appeals from orders applicable.

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
Permanent settlement of Khasmahal homestead land recognises continuous predecessor possession, subject to Collector approval and statutory review.
Permanent settlement of Khasmahal land used as a homestead requires qualifying use for at least five years as on the appointed date and remains subject to the Collector's approval. Possession of a predecessor-in-interest may be combined with that of purchasers when calculating the qualifying period. Khasmahal leasehold rights are heritable and transferable, with a right of renewal. Following an enquiry and a Tahasildar's recommendation for permanent settlement, the Collector must lawfully exercise the statutory approval power. Unexplained inaction or repeated return of the proposal may undermine the settlement framework, and mandamus may compel lawful exercise of a statutory power where inaction causes injustice.

Notification No. 1 of 2026 Dated:- 10-9-2026 Income-Tax Act, 2025
Statement of Financial Transactions reporting for depository transactions requires depositories to furnish half-yearly transaction information for pre-filling income-tax returns with capital gains, income and loss data. Transaction summaries must cover user-initiated demat-account debit transactions, with corresponding credits identified through the First In First Out method. Estimated sale consideration and cost of acquisition follow prescribed weighted-average, end-of-day price, fair-market-value and indexed-cost methods. Files must be submitted in the prescribed format with a signed control statement. Validation failures, inaccuracies and defects must be rectified through correction or deletion submissions.

Notification No. 2 of 2026 Dated:- 10-9-2026 Income-Tax Act, 2025
Registrar and Share Transfer Agents must furnish half-yearly Statement of Financial Transactions data for Mutual Fund capital gains through the designated SFTP facility and submit a signed control statement. Reporting covers account summaries, security-level debit or sale summaries and off-market transactions. Sale consideration and acquisition cost must be estimated using available records, with FIFO used to identify corresponding credits and determine holding periods. Corrections and deletions must follow the prescribed statement process, and reporting entities must maintain information-security, archival and retrieval policies.

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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