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2022 (9) TMI 1734
Case Laws Income Tax
Interest deductions remain available when payees report income and pay tax, even if their returns follow the payer's.
Where payees report interest income in their returns and pay the tax due, the proviso to section 201(1) prevents the payer from being deemed an assessee in default. The second proviso to section 40(a)(ia) deems tax deducted and paid on the date the payee files its return. The interest deduction is not disallowed merely because the payee files its return under section 139(1) after the payer. The extent of disallowance for insufficiently vouched travel, repair and other expenditure is considered alongside the corporate taxpayer's audited accounts.

Notification No. 28215-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
The nominated agency definition in the Explanation to the Odisha GST measure dated 31 December 2018 is replaced. It now covers entities listed in Appendix 4B of the Handbook of Procedures, as amended by the Directorate General of Foreign Trade from time to time. The substitution takes effect on 1 November 2026.

Circular No. PUBLIC NOTICE No. 17/2018-19 Dated:- 21-8-2018 Trade Notice Dated:- 21-8-2018 Trade Not...
Courier exports of goods listed in Appendix 3C of the Foreign Trade Policy 2015-2020 under the Merchandise Exports from India Scheme are exempt from the exclusion in regulation 2(2)(e)(iii) of the Courier Imports and Exports (Clearance) Regulations, 1998, where the consignment value is up to Rs. 5 lakh and the transaction involves foreign exchange. The regulations do not apply to exports where the consignment value exceeds Rs. 5 lakh and the transaction involves foreign exchange. Courier Shipping Bill CSB-V is required for Appendix 3C goods and other commercial goods not covered by the exclusion in regulation 2(2)(e), where the consignment value is up to Rs. 5 lakh and the transaction involves foreign exchange.

Notification No. 28211-FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Reverse charge under the Odisha Goods and Services Tax Act, 2017 will apply from 1 November 2026 to specified goods supplied by any unregistered person to any registered person. The registered recipient is liable to pay the tax on those supplies. The new entries are serial number 2A for used cooking oil under tariff heading 1518; 3B for waste and scrap of plastics under heading 3915; 3C for waste and scrap of tyres under heading 4004; and 9 for electrical and electronics waste and scrap under heading 8549.

Notification No. 28206- FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Psyllium seeds, also known as Isobgul or Isobgol, are added as entry 87A to the Schedule of the Odisha Finance Department measure dated 17 September 2025. The entry follows serial number 87 and specifies tariff code 1211 9013. It does not itself state a tax rate or specific tax treatment for the goods. The amendment is made under section 11(1) of the Odisha Goods and Services Tax Act, 2017. The addition takes effect on 1 November 2026.

GST PAID RCM TO HOUSING AND URBAN DEVELOPMENT FOR BUILDING PLAN
Discussion Forum Goods and Services Tax - GST
Input tax credit eligibility is questioned for goods and services tax paid under the reverse charge mechanism in connection with a building construction plan involving Housing and Urban Development of the Tamil Nadu Government. The question concerns whether the tax so paid qualifies for input tax credit. No answer or legal basis for eligibility is provided.

Circular No. PUBLIC NOTICE NO. 28/2018 Dated:- 10-12-2018 Trade Notice Dated:- 10-12-2018 Trade Noti...
Imports of saccharin covered by the anti-dumping notifications concerning goods originating in and exported from China are to be treated as provisional and finalised after the pending petition is decided. Goods cleared must be accounted for, and importers informed of the pending litigation and that clearances are subject to its outcome.

2020 (1) TMI 1760
Case Laws Companies Law
Marine insurance notice conditions require strict compliance, with the policy's specified deduction applying to failure to notify the agent.
An express marine insurance policy condition requiring notice to both underwriters and the nearest Lloyd's Agent for an accident abroad must be strictly construed. Notice to underwriters and their appointment of surveyors do not replace notice to the agent; the specified 15% deduction applies to non-compliance rather than rejection of the entire claim. Classification with a society specified in the policy can satisfy a classification condition. Seaworthiness and rough weather alone do not establish that all damage resulted from an insured peril; evidence of corrosion and wear may affect attribution. Corporate secretaries and other qualifying principal officers may sign and verify company pleadings by virtue of office, while maintainability objections raising factual issues must be pleaded.

Notification No. 28199- FIN-CTGST-TAX-1/2026 Dated:- 31-10-2026 Orissa SGST
Odisha State GST rate schedules are amended to provide a 2.5% rate for pre-packaged and labelled animal or vegetable fertilisers and organic fertilisers. This category expressly includes seaweed-extract-based bio-stimulants registered under Schedule VI to the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985. Retreaded tractor tyres, classified under heading 4012, are also added to the 2.5% schedule. The 9% schedule covers retreaded or used pneumatic rubber tyres other than retreaded tractor tyres, together with solid or cushion tyres, tyre treads and tyre flaps made of rubber. Entry 637 and its associated particulars are omitted from that schedule.

The listing rules define equity instruments to include equity shares, convertible debentures and preference shares issued by Indian companies. Unlisted public companies in International Financial Services Centres fall within the rules subject to compliance with applicable IFSC law and regulations, while public companies in that jurisdiction are excluded from rule 3(a). Companies with negative net worth may issue instruments for listing if they undertake to allot at least 75% of the net offer to qualified institutional buyers under the relevant jurisdiction's securities regulations. Rule 5(e) replaces "two years" with "more than six months", and rule 5(g) adds that the specified default must remain unremedied. The replacement Form LEAP-1 req.....

Dividends paid by an International Financial Services Centre (IFSC) unit primarily engaged in aircraft leasing to a company that is an IFSC unit primarily engaged in aircraft leasing are subject to no tax deduction at source under section 393(1) of the Income-tax Act, 2025, subject to a declaration. The payee must furnish and verify Form 1(N), identifying the tax year and confirming eligibility for the dividend exemption and continued IFSC and aircraft-leasing status. The payer must not deduct tax on payments made or credited after receipt of the declaration and must report those payments in its tax deduction statement. The measure applies retrospectively from 1 April 2026.

From 1 April 2027, mutual fund schemes may net funds for outright cash-market transactions within the same scheme and settlement cycle. An outright transaction is a purchase or sale, but not both, in the same security during that cycle; transactions involving both are excluded from netting and settled on a gross basis. Cross-scheme netting is prohibited, and excess outright sale proceeds cannot offset non-outright purchase obligations. Each scheme must fund any residual outright purchase obligation. Derivatives, securities lending and borrowing, and short-sale-related transactions are excluded. Securities remain subject to gross, delivery-backed settlement, with applicable securities transaction tax and stamp duty charged on delivery. AMCs .....

Domestic clients and foreign portfolio investors may hold long or short INR currency derivatives without establishing underlying exposure up to an aggregate outstanding notional limit of USD 5 million across all INR currency pairs and recognised stock exchanges. Foreign portfolio investors' short positions across foreign currency-INR contracts and stock exchanges must not exceed USD 5 million; long positions above that limit require underlying exposure to Indian debt or equity securities, including equity or debt mutual fund units. Domestic clients may exceed the limit subject to RBI risk-management requirements. Additional requirements address cancellation and rebooking of foreign exchange derivatives and documentation for hedging contracted exposures. Stock exchanges and clearing corporations must implement and communicate the changes.

Petroleum Wharf Budge Budge Jetty No-03 is designated a customs area under Section 8 of the Customs Act, 1962, exclusively for loading dry fly ash onto barges for export to Bangladesh through the riverine protocol route via Hemnagar LCS. The permission is limited to that export activity and requires strict compliance with the Customs Act, Public Notice No. 37/2018 and other applicable circulars, orders and public notices.

Supplementary import and export general manifest filings are permanently disabled at all remaining ports with effect from 12 August 2026. All adjustments, amendments and supplementary details must be submitted through standard Sea Cargo Manifest and Transhipment Regulations amendment messages, SAA or SDM. Legacy or manual supplementary formats are not accepted after that date. Trade stakeholders, shipping lines and agents must follow the standard amendment process and may report operational or technical difficulties to the customs office.

International transshipment of full-container-load cargo affected by maritime disruptions may move between the port terminal and designated container freight stations (CFS) at Kandla with customs permission and under a custodian-cum-carrier bond. Shipping lines must file the import manifest using the transshipment cargo code; container numbers and seal integrity must be verified at both ends of each movement. Containers must remain sealed in approved, demarcated storage without opening or reworking, and discrepancies must be reported immediately. Shipping lines or agents must ensure onward transshipment or re-export within 30 days of the importing vessel's entry inward, or seek an extension before expiry for reasons beyond the shipping line.....

Customs procedures and practices followed by Jawaharlal Nehru Custom House (JNCH) apply in the Jamnagar Customs (Preventive) jurisdiction, with necessary adaptations. Departures are permitted where specific local requirements, including infrastructural or geographical constraints, make them necessary. Stakeholders may report processes that differ from JNCH's documented practices to the headquarters technical section for examination and appropriate action. The adoption covers practices established through public notices, standing orders, trade notices, office orders and other instructions.

At Jawaharlal Nehru Customs House, temporary imports and re-exports under ATA Carnets require no separate bill of entry or shipping bill, although cargo details must be entered for sea manifest matching. Goods for display, demonstration or use at exhibitions and similar events qualify for duty-free temporary admission subject to applicable conditions. A Centralised Carnet Cell processes and monitors transactions, while customs officers physically examine goods on import and re-export. Closure after re-export through the customs house requires verified records, including the final bill of lading. For re-export through another port, proof and required documents must reach the cell within one month. Permitted domestic sales require payment of .....

GST prosecution restrictions do not apply to an entire FIR that also alleges offences under the Bharatiya Nyaya Sanhita. At the preliminary stage, alleged lack of prior sanction or non-compliance with the applicable notification cannot invalidate the whole FIR. Ad interim protection was refused, while objections to the inclusion of GST offences remain open for consideration at trial or another appropriate stage under the Bharatiya Nagarik Suraksha Sanhita. The parties may pursue their substantive contentions before the Writ Court and other appropriate forums.

Writ jurisdiction may be used to reopen a GST appeal dismissed solely for delay where the computation of tax remains unadjudicated. Condonation of delay allows the appeal under Section 107 of the J&K GST Act, 2017 to be treated as filed within time and returned to the appellate authority for a decision on merits. The authority considers the tax computation after hearing both parties; the merits remain for that authority to determine.

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