Expenditure disallowance under Section 14A and Rule 8D is limited to the exempt income earned, even when a taxpayer voluntarily offers a higher disallowance. There is no estoppel against law, and assessed income may fall below returned income where an amount was wrongly offered to tax. Accordingly, a voluntary disallowance exceeding exempt dividend income does not prevent the disallowance from being restricted to that income.

Revisional jurisdiction over a block assessment requires the assessment to be both erroneous and prejudicial to revenue. Disagreement with an assessment following adequate inquiry does not by itself establish those conditions. The assessing officer had sought an explanation of seized documents, and the same explanation had been accepted in related group assessments without contradictory material. Variations between earlier disclosures and block returns had also been accepted in those assessments; establishing an error in the relevant disclosure required supporting inquiry and material.

Revision under section 263 requires a block assessment to be both erroneous and prejudicial to revenue. A legally sustainable view reached after inquiry cannot be displaced merely because further inquiry is preferred. An assessment is not erroneous simply because the order does not describe the inquiries and their outcomes. Share investments identified through post-search inquiries unrelated to seized material fall outside the block assessment. An undated, unsigned and unsent letter alleging payments could not be correlated with evidence found during the search, and the related seized entries had been explained during assessment.

GST late-fee recovery under Section 74 raises questions about the basis for invoking that provision where the late fee for a delayed GSTR-9 annual return was not displayed on the common portal. The taxpayer also says additional grounds raised at the appellate hearing were not considered. The unresolved questions concern whether to approach the GST Appellate Tribunal or file a writ petition, how a tax-based pre-deposit would operate in a dispute concerning only late fees, and whether an alternative remedy would affect writ jurisdiction.

Revision of a block assessment under section 263 requires the assessment order to be both erroneous and prejudicial to the interests of the Revenue. An assessment is not erroneous merely because it lacks detailed discussion of matters investigated by the Assessing Officer. A legally permissible view adopted after inquiry cannot be revised solely because a different view is preferred. Issues considered and decided in appeal merge with the appellate order.

Writ jurisdiction cannot be used to override the statutory limitation for a GST appeal and direct condonation of delay. Section 107 of the Central Goods and Services Tax Act, 2017 prescribes the appeal period, and its limitation mandate binds the exercise of writ jurisdiction. Where Section 5 of the Limitation Act is inapplicable, an appeal remains time-barred if it exceeds the prescribed period even after the relevant exclusion.

Registration of a company whose primary object is said to be assisting member industries, rather than the public at large, remains under consideration. The rejection of its registration application was quashed, and an appeal against that result was admitted for consideration. The appellant was directed to produce the company's constitutional documents. No final adjudication on registration took place.

Corporate guarantees between related parties may constitute taxable supplies without consideration when made in the course or furtherance of business. Taxability must be determined before valuation; Rule 28(2) does not itself create a GST charge. For qualifying guarantees furnished to banks or financial institutions for related recipients in India, the rule generally deems the value to be one per cent of the guaranteed amount per annum or the actual consideration, whichever is higher. Where the recipient is eligible for full input tax credit, the invoiced value is deemed to be the supply's value. Relief granted for particular unremunerated subsidiary guarantees does not invalidate the rule or establish a general exemption.

Employee secondment under the India-USA DTAA requires separate assessment of employment rights, the character of reimbursements and whether technical services make knowledge or skills available to the Indian host. Under Article 12's knowledge-transfer limb, the host must acquire a capability it can use independently; technical expertise alone is insufficient. Continuing foreign employment and actual skill transfer can support taxation of cost recoveries as fees for included services, even without a markup. Genuine salary disbursements on behalf of an Indian employer may lack independent income character. Salary withholding alone does not resolve withholding on a foreign enterprise's separate service income.

GST Tribunal appeals require full payment of admitted tax, interest, fines, fees and penalties, plus a 10% deposit of the remaining disputed tax in addition to the first appellate deposit. Where the demand is substantially reduced, an earlier deposit may satisfy the Tribunal-stage requirement, subject to verification; it does not automatically replace that requirement. Filing fees remain independently payable, subject to a minimum of Rs. 5,000 and a maximum of Rs. 25,000, and cannot be paid from the electronic credit ledger. An appeal is treated as filed when final acknowledgement is issued after removal of defects. Payment of the required pre-deposit triggers a deemed stay of recovery of the balance until disposal of the appeal.

Interest paid by a co-operative bank to another co-operative society, including a non-member, qualifies for the inter-society TDS exemption under Section 194A(3)(v), including on time deposits. The exclusion of co-operative banks from the member-payment limb does not apply to the separate inter-society limb. A separate proviso requires deduction where specified turnover and annual interest thresholds are both met; its applicability must be examined for the relevant transaction and period. Section 80P concerns assessment-stage deductions and does not determine the payer's withholding duty. Where the exemption applies and no deduction is required, assessee-in-default liability and consequential interest under Section 201 do not arise.

Section 16(2)(c) requires actual payment of tax to the Government and is not limited to fraud or collusion, but supplier default alone does not justify mechanical reversal of a recipient's input tax credit. Eligibility requires scrutiny of transaction evidence, the nature of the default, supplier recovery proceedings and the law applicable to the tax period. Supplier cancellation or fraud does not automatically establish recipient ineligibility or complicity. The recipient bears the burden of proving eligibility, while fraud allegations require supporting facts in the notice. Section 41 permits re-availment after supplier payment, and Rule 37A provides a reversal and re-availment mechanism for specified return defaults. Later conditions and mechanisms must not be applied to earlier periods.

Classification of ductless split air conditioners depends on the complete tariff description and the machine's technical characteristics. A complete, cooling-only, two-ton split air conditioner incorporating a refrigerating unit and lacking a heat-reversal valve falls within tariff item 8415 82 10 rather than the general split-system item 8415 10 10. Item 8415 82 10 inherits its parent subheading's refrigerating-unit requirement, while item 8415 83 10 requires the absence of such a unit. Capacity alone does not establish the applicable refrigeration-based entry. Technical evidence should establish whether the goods are a complete machine and identify their capacity and operating features.

Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.

Financial creditors in a class must use the revised Form CA for insolvency claims filed on or after 30 October 2026; claims previously filed in the earlier form need not be resubmitted. Part I applies to creditors other than real estate allottees, while Part II collects allottee, project, unit, payment, claim and possession details. Allottees may indicate a preference for possession, title transfer, refund or other relief, but that preference creates no entitlement or obligation and does not bind the successful resolution applicant. Available relief is governed by the approved resolution plan. Claims may be submitted electronically or physically, as notified in the public announcement.

REIT depository receipts must be backed by REIT units and listed on India International Exchange or NSE International Exchange in the International Financial Services Centre. Holders and beneficial owners must not be residents of India. Eligibility conditions address capital market debarment, wilful default and fugitive economic offender status. Fresh issues generally require approval by at least 75% of votes cast by unitholders, subject to exceptions for simultaneous initial offerings and subsequent offerings within an approved limit. All existing unitholders must have an opportunity to tender units for a fresh issue through transfers. Underlying units count as non-public holdings for minimum public unitholding, and issue or transfer price.....

Export service payments received in convertible foreign exchange or repatriable rupee accounts, including SNRR and INR Nostro accounts, satisfy the payment condition under section 2(6)(iv) of the IGST Act. Stockbrokers' payments through NRO accounts must be routed through repatriable SNRR or NRE accounts to satisfy that condition. Export receivables set off against import payables in accordance with RBI directions, and reinsurance brokers' commission retained through net settlement, also satisfy the condition. For exported goods, proceeds unrealised beyond the FEMA-prescribed or extended period make the corresponding refund liable to deposit or recovery with interest within 30 days. Recovery does not apply to amounts written off by the RBI or an authorised dealer bank.

Under the GST margin scheme for old and used motor vehicles, the input tax credit restriction applies only to tax paid on the procured vehicles. Credit on other inputs and input services remains available, subject to the WBGST Act. Sublimation paper falls under tariff heading 4809 and attracts 18% GST. The toy entries cover all categories under heading 9503, with 5% GST for non-electronic toys and 18% for electronic toys. Seaweed extract-based bio-stimulants registered under Schedule VI to the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 fall under heading 3101. Past classification and rate disputes concerning sublimation paper, and classification disputes concerning these bio-stimulants, are recommended for regularisation on an 'as is where is' basis.

Eligible government entities and notified institutions may support the GST exemption for grant-funded research and development with a certificate from their head distinguishing it from consultancy. Services imported without consideration by Indian establishments of foreign shipping companies from overseas related persons or establishments are exempt from 1 November 2026; GST payments for 1 July 2017 to 31 October 2026 are regularised on an as-is-where-is basis. Vehicle lessors' recoveries for registration, insurance and incidental costs form part of the composite lease supply and attract its GST rate. TRAI is not Government under GST law. Notional interest on loans or advances under banks' fund transfer pricing qualifies for the interest exemption. NBFC lending services to banks under co-lending arrangements are taxable at the value specified in the contract.

Customs procedures and practices followed by Jawaharlal Nehru Custom House (JNCH) apply, with necessary adaptations, at Mundra Customs to promote uniformity in clearance processes. Exceptions apply where specific local requirements, including infrastructure or geographical constraints, necessitate a different process. Importers, exporters, customs brokers, shipping lines, terminal operators, custodians and other stakeholders may report processes inconsistent with JNCH's documented procedures for examination and appropriate action.