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Notification No. 40/2026 Dated:- 3-8-2026 Central Excise - Tariff
Special additional excise duty on exports of petrol and diesel is amended under the Central Excise exemption framework. The rate against serial number 1 is substituted with Rs. 3.5 per litre, while the rate against serial number 2 is substituted with Rs. 24 per litre. The amendments take effect from publication in the Official Gazette on 3 August 2026.
News and Press Release
Dated:- 4-8-2026
Quality statistics are advanced through modernised national statistical systems, administrative data, digital public infrastructure, and stronger data-governance and privacy standards. Cooperation among national statistical offices is intended to address data gaps through knowledge sharing, methodological harmonisation and statistical innovation. Discussions also emphasised digital dissemination, transformational statistical reforms, and the use of administrative data for timely, cost-effective and granular official statistics, supported by harmonised metadata, interoperable systems and institutional collaboration.
News and Press Release
Dated:- 4-8-2026
National statistical modernisation uses digital survey platforms with validation checks, AI-enabled support and multilingual interfaces, alongside short-duration surveys and administrative data to improve sampling and timely official statistics. Reforms include base revisions for Gross Domestic Product, Consumer Price Index and Index of Industrial Production; adoption of metadata, quality-assessment and classification standards; and alignment with international statistical principles and methodologies. Sustainable development indicators and infrastructure monitoring are supported through a national indicator framework, PAIMANA and a standardised performance dashboard.
By: - K Balasubramanian
GST exemption for unbranded goods is discussed in relation to packages bearing a supplier's company name for identification or statutory compliance. The article distinguishes such printing from affixing a brand name and addresses the treatment of institutional-consumer packages under the "pre-packaged and labelled" framework. It contends that a dispute based on interpretation of an exemption notification, where disclosures are available in GST returns, should be examined under the ordinary demand provision rather than the extended-period fraud or suppression provision. It advocates consistent use of GST Appellate Tribunal decisions to reduce litigation.
By: - Ca Aman Rajput
Section 10(14)(i) exempts employer-granted allowances covered by Rule 2BB only to the extent of expenditure actually incurred wholly, necessarily and exclusively for official duties. It is not a general deduction for salaried employees or routine personal commuting costs. Bank statements, fuel bills, Form 16, or an entry in the income-tax return utility do not independently establish eligibility. The claimant must show that an eligible allowance was granted and that qualifying official expenditure was actually incurred. Unsupported refund claims remain open to verification and scrutiny.
By: - DEV KUMAR KOTHARI
Section 14A disallows expenditure related to income excluded from total income and permits prescribed computation where the Assessing Officer is dissatisfied with the assessee's accounts-based claim. Rule 8D provides for direct expenditure and a prescribed investment-based amount, subject to a cap of total expenditure claimed. The commentary identifies ambiguity, extensive litigation, and potentially disproportionate compliance costs where exempt income is incidental or economically offset by lower returns or alternative taxation. It proposes evaluating revenue efficacy and either omitting or narrowly confining the disallowance mechanism.
By: - Raj Jaggi
GST adjudication under Section 74 must rest on reliable, tested evidence and a fair opportunity to contest relied-upon statements and documents. Cross-examination of ordinary witnesses should ordinarily be allowed where their statements influence the demand; non-retraction or presumed witness bias does not by itself justify refusal. Documents requiring explanation from their authors or custodians must be properly proved. Multi-year GST demands cannot be determined through a composite block assessment, as liability, credit, interest, limitation and compliance are tax-period-wise. Confiscation proposals likewise require a sound evidentiary and procedural foundation.
By: - Bimal jain
The six-month notice interval under Section 74(2) of the CGST Act is under examination as a potentially mandatory jurisdictional limitation or a directory procedural timeline. The provision requires a show cause notice to be issued at least six months before the outer deadline for an adjudication order under Section 74(10). The competing views turn on whether statutory silence on the consequence of breach permits non-compliance, or whether the interval protects natural justice by ensuring meaningful time for reply and hearing. The issue remains unsettled, with interim protection operating in the reported proceedings.
By: - Vivek Jalan
Transfer pricing tolerance range under the second proviso to section 92C(2) deems the actual transaction price to be the arm's length price where its variation from the determined arm's length price is within the notified limit. The expression "so determined" covers an arm's length price determined under both the main provision and the first proviso. The tolerance benefit therefore applies whether the arm's length price arises from multiple comparable prices or from a single remaining comparable in the comparable set.
By: - Raj Jaggi
The recurring nature exception under the GST departmental litigation policy applies where substantially the same question of law can arise repeatedly under substantially similar facts, notwithstanding monetary limits. It is not determined by the number of disputes, taxpayers affected, or prospective revenue. In GST, classification, valuation, exemption eligibility, place of supply, taxability of continuing arrangements, refunds and input tax credit may be recurring where the same statutory principle governs successive transactions or tax periods. Disputes dependent on evidence unique to an individual transaction ordinarily remain fact-specific and are not recurring merely because similar litigation may arise again.
By: - Vivek Jalan
Agricultural land outside the prescribed municipal or cantonment limits and aerial-distance criteria is excluded from capital assets under section 2(14)(iii). Agricultural activity or agricultural income is not a stated condition where revenue records classify the land as agricultural, no conversion to non-agricultural use has occurred, and location requirements are satisfied. Profit on transfer of such land is presented as outside income for tax purposes rather than exempt income and as not requiring disclosure in the income-tax return.
By: - YAGAY and SUN
Appreciable Adverse Effect on Competition is the principal standard under the Competition Act, 2002 for evaluating whether agreements, dominant-enterprise conduct, or combinations significantly harm competition in India. Horizontal restraints are presumed harmful unless rebutted, while vertical restraints require case-specific assessment. Abuse concerns arise from exclusionary or unfair use of dominance, rather than dominance itself. Assessment requires defining the relevant product and geographic markets and balancing entry barriers, foreclosure, and exclusion against consumer benefits, production or distribution efficiencies, and technical or scientific development.
By: - YAGAY and SUN
ISO 9001:2015 provides a Quality Management System framework for consistently meeting customer, applicable legal and regulatory, and organisational requirements while pursuing continual improvement. It requires organisations to define their context, QMS scope and processes; demonstrate leadership commitment; identify risks and opportunities; set measurable quality objectives; provide competent personnel and documented information; and control operational processes, suppliers and nonconforming outputs. Performance is monitored through customer feedback, audits, measurements, inspections and management review, followed by corrective action and process improvement. Certification generally includes implementation, internal review, correction of nonconformities and staged external audits.
Statutory notice dispatch creates a presumption of service, supporting cheque dishonour liability where debt remains unrebutted.
Dispatch of a written demand notice by post to the accused's correct address raises a presumption of issuance under the General Clauses Act; actual service is not required for cheque-dishonour liability. Once the acknowledgment card is tendered, the accused must substantiate denial of receipt, including by postman evidence where appropriate. Signature comparison alone does not prove that notice was not issued. Unrebutted evidence of the loan's source, coupled with admitted prior dealings and issuance of the cheque as security, supports the statutory presumptions of consideration and liability under the Negotiable Instruments Act. Failure to prove discharge of the debt sustains conviction for cheque dishonour.
Assignment of debt with existing mortgage security attracts prescribed assignment duty, not fresh property-based Panchayat or Municipal stamp duty.
Assignment of a bank's loan, rights and existing mortgage security to a reconstruction company does not create a fresh mortgage, charge or encumbrance over immovable property. The Panchayat and Municipal stamp-duty provisions governing specified transfers or mortgages of immovable property therefore do not apply to such an assignment. A notification under the Indian Stamp Act separately prescribes duty on loan securitisation or assignment of debt backed by immovable security, calculated on the loan or debt assigned rather than property market value. Requiring further mortgage-related duty would duplicate recovery and result in unjust enrichment; no duty beyond that payable under the assignment-deed notification is chargeable.
Cheque dishonour liability excludes non-signatory family members of sole proprietorships without a legally recognised basis for vicarious liability.
Section 141 of the Negotiable Instruments Act does not extend vicarious criminal liability to family members of a sole proprietorship, which has no separate legal identity or recognised business structure comparable to a company, firm or association. Liability for cheque dishonour under Section 138 is confined to the account-holding drawer unless valid vicarious liability applies; a non-signatory family member who neither maintained nor signed on the account cannot be prosecuted, particularly where the account holder had died and the banking mandate was inoperative. The High Court's inherent jurisdiction may quash a prosecution that lacks essential statutory ingredients and is ex-facie an abuse of process.
Industrial unit classification under Rule 28C requires reconsideration where an existing unit never claimed tax concession benefits.
Classification of the Gurugram unit as an expansion of an existing industrial unit rather than a new industrial unit under Rule 28C required reconsideration. The text notes that the existing Sonepat unit had not claimed a tax concession and that the application was allowed on merits, not rejected for alleged suppression. These facts and the applicable definitions were material to determining eligibility for the concession. The Tribunal's order was set aside and the matter was remitted for fresh adjudication, with entitlement to the claimed benefit left open.
CENVAT credit on imported base oil remains available on documented duty despite factory receipt shortages.
CENVAT credit on imported base oil was available for the full Central Excise duty or CVD recorded in invoices and Bills of Entry, despite a shortage in the quantity physically received at the factory. Comparable earlier proceedings involving the same assessee had already accepted credit based on the duty shown in the prescribed documents notwithstanding short receipt. Applying that settled position, the demand denying proportionate credit for the shortage was unsustainable.
FOR destination freight enters assessable value, but prior departmental knowledge prevents extended limitation for duty demands.
Freight and transportation charges incurred up to buyers' premises under FOR destination sales form part of the assessable value for central excise duty because delivery occurs at that destination. However, the extended limitation period cannot be invoked where an earlier notice had already disclosed the same freight exclusion to the Department. Conflicting decisions on the place of removal may also support a bona fide belief that freight was not includible, negating suppression, wilful misstatement, fraud, or intent to evade duty. Consequently, a demand issued beyond the normal limitation period, along with related interest and penalty, cannot survive.
CENVAT credit remains available where substantive conditions are met and no pre-amendment prohibition restricts duty-paid inputs.
CENVAT credit on duty-paid inputs procured from units availing exemption was available before the Rule 12 amendment took effect, where the inputs suffered duty, were used for final products or output services, and were received under prescribed documents. In the absence of an express pre-amendment prohibition, a later express provision could not restrict credit for the earlier period. Extended limitation could not apply because returns were filed, audits and refund claims had been processed, and no suppression of facts with intent to evade duty was established. The disputed credit remained available and recovery was time-barred.