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GST Order Invalid Due to Inadequate SCN Reply Time | HC

SCN reply period

Case Details: Golden Cryo (P.) Ltd. vs. Union of India - [2026] 185 taxmann.com 133 (Bombay)

Judiciary and Counsel Details

  • G. S. Kulkarni & Aarti Sathe, JJ.
  • Dr Sujay KantawalaAnupam DigheMs Renita AlexMs Chandni Tanna for the Petitioner.

Facts of the Case

The petitioner, an exporter, filed a refund application for accumulated ITC on zero-rated supplies without payment of tax. It was submitted that a show cause notice (SCN) was issued in Form GST RFD-08 alleging fake invoices by suppliers but granted only seven days to reply instead of the prescribed period. It submitted a preliminary reply via email and sought a personal hearing; however, the proper officer passed an order in Form GST RFD-06 on the next day rejecting the refund without issuing any hearing notice or considering the reply. It was contended that such action violated the relevant GST provisions, which mandate a fifteen-day reply period and grant of hearing before adjudication. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that under Section 54 of the CGST Act and Maharashtra GST Act read with Rule 92(3) of CGST Rules, a minimum period of fifteen days must be granted to reply to a SCN, and adjudication can be undertaken only after considering such reply and granting an opportunity of hearing. It held that curtailment of the reply period to seven days rendered the notice contrary to the statutory mandate. The Court further held that the denial of a personal hearing and the failure to consider the reply violated the requirement of fair procedure embedded in Section 75. Accordingly, the impugned rejection order was quashed with a direction to issue a fresh notice.

List of Cases Reviewed

List of Cases Referred to

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IFSCA Bars Multiple Fiduciary Roles in Same Scheme

IFSCA fiduciary role

Circular F. No. IFSCA-IF-10PR/7/2024-Capital Markets/10042026, Dated 10.04.2026

The International Financial Services Centres Authority (IFSCA) has issued a clarification on governance of schemes in IFSCs, mandating strict segregation of fiduciary roles to strengthen oversight and prevent conflicts of interest.

1. Segregation of Fiduciary Functions

The clarification provides that:

  • Fund Management Entities (FMEs) shall not appoint the same fiduciary to perform multiple roles for a single scheme
  • Specifically, a fiduciary cannot simultaneously provide:
    1. Fund administration
    2. Valuation services
    3. Audit services
    4. Financing services

2. Objective of the Clarification

The measure aims to:

  • Prevent conflict of interest
  • Ensure independent functioning of key service providers
  • Strengthen governance and investor protection

3. Compliance Requirement for Existing Schemes

  • Existing schemes must align with the new requirements
  • The deadline for compliance is 30th September 2026

4. Regulatory Impact

The clarification ensures:

  • Greater transparency and accountability
  • Improved checks and balances in fund operations
  • Enhanced trust in IFSC fund structures

5. Conclusion

This clarification reinforces IFSCA’s focus on robust governance standards, ensuring that fiduciary roles remain independent and conflict-free, thereby safeguarding investor interests in IFSC schemes.

Click Here To Read The Full Circular

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IFSCA Mandates Approval for PSPs in RDA

Approval for PSPs in RDA

Circular No. IFSCA-FMPP0BR/3/2023-Banking 2026-27/01, Dated 10.04.2026

The International Financial Services Centres Authority (IFSCA) has clarified that Payment Service Providers (PSPs) must obtain prior approval to participate in Rupee Drawing Arrangements (RDA) as non-resident Exchange Houses.

1. Requirement of Prior Approval

  • PSPs intending to participate in RDA must seek prior approval from IFSCA
  • This aligns PSP participation with existing regulatory controls applicable to cross-border payment arrangements

2. Submission of Compliance Framework

PSPs are required to submit a detailed framework demonstrating compliance with:

  • Anti-Money Laundering (AML) norms
  • Combating Financing of Terrorism (CFT) requirements
  • Know Your Customer (KYC) guidelines
  • Other applicable legal and regulatory provisions

3. Extension of Existing Framework

  • The clarification extends existing approval requirements applicable to international payment systems within IFSC
  • Ensures uniform regulatory oversight across all such participants

4. Objective of the Clarification

The measure aims to:

  • Strengthen regulatory control over cross-border remittance channels
  • Ensure robust compliance and risk management
  • Enhance integrity and security of payment systems in IFSC

5. Conclusion

The mandate reinforces IFSCA’s commitment to a secure, compliant, and well-regulated payment ecosystem, ensuring that PSP participation in RDA is subject to stringent approval and oversight standards.

Click Here To Read The Full Circular

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DRC-01 Summary Not a Substitute for Statutory SCN | HC

DRC-01 vs SCN

Case Details: Arnab Kumar vs. State of Assam - [2026] 185 taxmann.com 107 (Gauhati)

Judiciary and Counsel Details

  • Soumitra Saikia, J.
  • A K GuptaMs M DeyMs B SarmaR S Mishra, Advs. for the Petitioner.

Facts of the Case

The petitioner challenged demand proceedings on the ground that no proper show cause notice (SCN) was served, and only a summary in GST DRC-01 with an attachment showing tax determination was issued. It was submitted that such summary could not substitute a statutory notice under Section 73 of the CGST Act. The petitioner further contended that attachments to GST DRC-01 and GST DRC-07 lacked the digital signature or e-authentication as required, rendering them invalid. It was also submitted that despite requesting a personal hearing in GST DRC-06, no such opportunity was granted before passing the adverse order in GST DRC-07. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that the issuance of a proper SCN specifying the reasons is a mandatory prerequisite for the initiation of proceedings under Section 73 of the CGST Act, and a summary in the GST DRC-01 cannot substitute for this statutory requirement. It held that the statutory scheme clearly distinguishes between a SCN and its summary, and both are required to be issued independently in accordance with Rule 142 of the CGST Rules. The Court also held that the requirement of granting a personal hearing under Section 75 is mandatory where requested or where adverse action is contemplated, and denial of such an opportunity vitiates the proceedings. Accordingly, the Court set aside the impugned order and granted liberty to the jurisdictional officer under CGST to initiate proceedings afresh in accordance with due process of law.

List of Cases Referred to

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GST on Canteen Recovery from Employees | AAR

GST canteen recovery employees

Case Details: Carraro India (P.) Ltd., In re [2026] 185 taxmann.com 253 (AAR-MAHARASHTRA)

Judiciary and Counsel Details

  • D.P. Gojamgunde & Ms Himani Dhamija, Member

Facts of the Case

The applicant operated a factory employing approximately 900 workers and maintained a statutory canteen facility in compliance with Section 46 of the Factories Act, 1948. For this purpose, a third-party contractor was engaged, who supplied ready-to-eat meals within the factory premises and raised GST invoices upon the applicant, which were duly paid. The applicant recovered a fixed nominal amount from employees through salary deductions. It was submitted that no direct contractual relationship existed between the contractor and employees, and the recovery was only partial reimbursement. It was further contended that GST should not apply on the subsidised portion borne by it and that input tax credit (ITC) should be available as the provision of canteen facility was statutorily mandated. The matter was accordingly placed before the Authority for Advance Ruling (AAR).

AAR Held

The AAR held that the arrangement constituted two distinct supplies, one from the contractor to the applicant and another from the applicant to its employees, and that recovery from employees represented consideration for supply in the course or furtherance of business under Section 7 read with Section 9 of the CGST Act and Maharashtra GST Act. It was held that GST was leviable only on the amount recovered from employees, whereas the subsidized portion borne by the applicant qualified as a perquisite and was not taxable. On the issue of ITC, It was held with reference to Section 16 and Section 17(5) that although provision of canteen facility was obligatory under law, the contractor supplied services taxable at concessional rate which imposed a restriction on ITC, thereby barring the applicant from availing credit irrespective of statutory obligation or mode of operation of canteen. It was further held that such deductions did not qualify as supply.

List of Cases Reviewed

  • M/s Hindustan Coca Cola Beverages Pvt. Ltd. v/s CCE, Nashik (para 5.5.9)
  • Cema Electric Lighting Products India Private Limited v. CCE 2015 (37) STR 718 (Guj.) (para 5.5.9)
  • Cinemax India Limited v. Union of India MANU/GJ/1053/2011(para 5.5.9)
  • Indian Institute of Technology v. State of Uttar Pradesh & Ors. (para 5.5.9) distinguished

List of Cases Referred to

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[World Tax News] Brazil Releases Guidance on 10% Increase in Presumed Profit Rates and More

global tax news

Editorial Team – [2026] 185 taxmann.com 360 (Article)

World Tax News provides a weekly snippet of tax news from around the globe. Here is a glimpse of the tax happening in the world this week:

1. Brazil Releases Guidance on 10% Increase in Presumed Profit Rates

Brazil has issued Normative Instruction No. 2.306 dated 22 January 2026, providing guidance on the application of the 10% increase in presumed profit rates for companies with gross revenue exceeding BRL 5 million, as introduced by Complementary Law No. 224 of 26 December 2025.

Under the Presumed Profit (Lucro Presumido) regime, a simplified method for computing the tax base for Corporate Income Tax (IRPJ) and Social Contribution on Net Profit (CSLL) tax liability is determined by applying prescribed profit margins based on industry, rather than actual profits.

The Instruction clarifies that the 10% increase applies only to the portion of gross revenue exceeding BRL 5 million in a calendar year. This threshold is apportioned across quarterly periods, effectively applying the increase to quarterly revenues exceeding BRL 1,250,000.

In the final quarter, total annual gross revenue must be reassessed, and corresponding adjustments to IRPJ and CSLL are made in accordance with the prescribed procedures. These adjustments account for the application of the increased rate in earlier quarters and whether the annual threshold is ultimately exceeded.

Where excess IRPJ and CSLL have been paid in prior quarters and cannot be fully offset against the final quarter liability, the taxpayer may claim a refund of the surplus.

Source – Complementary Law No. 224

2. Belgium Approves New Capital Gains Tax on Financial Assets

On 2 April 2026, the Belgian Chamber of Deputies approved legislation introducing a new capital gains tax on financial assets. The scope covers financial instruments such as shares and bonds, as well as crypto-assets, savings-oriented insurance contracts, currencies, and investment gold.

The tax applies to individuals, certain non-profit entities, and private foundations that are tax resident in Belgium. It is levied at varying rates based on the category of gain:

  • Category A – 33% on internal capital gains, including transfers of shares to companies controlled by the transferor and/or their family;
  • Category B – Progressive rates ranging from 1.25% to 10% on gains from substantial shareholdings (at least 20%), with an exemption for gains up to EUR 1 million over a five-year period. Where shares are sold to a non-EEA entity, a flat rate of 16.5% applies, along with the EUR 1 million exemption;
  • Category C – 10% on gains from other financial assets, subject to an annual exemption of EUR 10,000, indexed up to EUR 15,000 for taxpayers with no capital gains in the preceding five years.

The law also provides that the tax applies only to gains accruing from 1 January 2026, with specific rules to determine the valuation of assets held as of 31 December 2025.

The legislation will enter into force upon publication in the Official Gazette and will apply retroactively from 1 January 2026. Withholding obligations for intermediaries will be effective from 1 June 2026, although taxpayers may opt out of withholding and instead self-assess their taxable gains.

Source – Sessional Paper 56K1244

Click Here To Read The Full Article

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SEBI Clarifies Broad-Based Fund Norms for AIFs

SEBI broad-based fund

Issue No.:1/9052/2026, Dated: 09.04.2026

The Securities and Exchange Board of India (SEBI) has provided clarification regarding the applicability of the broad-based fund requirement to Alternative Investment Funds (AIFs) and their schemes under the Mutual Fund (MF) Regulations.

1. Applicability to Advisory/Management Services

SEBI clarified that:

  • The broad-based fund requirement applies to entities providing management or advisory services to AIFs
  • This ensures that such services are extended only to funds meeting prescribed diversification criteria

2. Assessment at Scheme Level

  • Compliance with the broad-based requirement shall be evaluated at the scheme level, and not merely at the fund level

This ensures granular compliance across different investment strategies within a fund.

3. Independent Compliance by Each Fund

  • Each fund, including feeder funds
  • Must independently satisfy the broad-based criteria

This prevents reliance on compliance at a group or umbrella level.

4. No Exemption for Domestic Entities

  • SEBI has clarified that domestic entities are not eligible for any exemption from this requirement

5. Conclusion

The clarification reinforces SEBI’s focus on investor diversification and regulatory consistency, ensuring that AIF structures and their schemes adhere to broad-based participation norms at an individual level.

Click Here To Read The Full Update

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RBI Circular on Faster Cross-Border Inward Payments

RBI cross-border inward payments

PR No. 2026-2027/56; Dated: 09.04.2026

The Reserve Bank of India (RBI) has issued a circular on guidelines to facilitate faster cross-border inward payments, addressing operational inefficiencies and delays in processing such transactions.

1. Objective of the Circular

The circular aims to:

  • Address frictions in inward cross-border payments
  • Ensure timely intimation of payment details to beneficiaries
  • Enable faster credit of funds to customer accounts

2. Key Focus Areas

The guidelines emphasise:

  • Prompt communication of inward remittance information
  • Reduction in processing delays at bank level
  • Improved coordination between messaging and credit systems

3. Enhancing Customer Experience

By streamlining processes, the RBI seeks to:

  • Improve transparency for customers
  • Reduce waiting time for receipt of international funds
  • Strengthen trust in the cross-border payment ecosystem

4. Conclusion

The circular reflects RBI’s continued push towards a faster, more efficient and customer-centric payment framework, ensuring that cross-border inward remittances are processed with greater speed and reliability.

Click Here To Read The Full Press Release

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Practical Insights on Ind AS and SAs | Elements of Financial Statements and Their Application

Ind AS elements of financial statements

Taxmann presents Practical Insights on Ind AS and SAs, a weekly series exclusively for Accounts and Audit Module subscribers of Taxmann.com, focusing on the practical application of Ind AS and Standards on Auditing through structured, issue-based analysis.

Each week features a focused topic with real-world relevance. This edition explains the elements of financial statements under the Conceptual Framework, covering their meaning, classification, and key principles. Financial statements are not just numbers; they reflect an entity’s economic reality, making their understanding essential for sound analysis and decision-making.

1. Introduction

The Conceptual Framework for Financial Reporting under Indian Accounting Standards (Ind AS) establishes the fundamental principles that govern the preparation and presentation of financial statements. At its core, it identifies the elements of financial statements as the essential building blocks of financial reporting.

These elements, i.e. assets, liabilities, equity, income, and expenses, provide a structured and systematic basis for capturing and presenting the financial effects of transactions and events. By clearly defining these elements, the Framework ensures consistency in the recognition, measurement, and presentation of financial information across entities.

Together, these elements form the backbone of financial reporting, enabling users to understand an entity’s financial position and performance. Accordingly, a clear understanding of these concepts is crucial for preparers, auditors, and users in interpreting financial statements effectively.

The Framework emphasises that financial statements should reflect the economic substance of transactions, not merely their legal form. A key conceptual shift introduced by the Framework is the focus on:

  • Economic resources (rights with potential benefits)
  • Claims (obligations and equity interests)
  • Changes in these over time

A clear understanding of these elements ensures that financial statements are:

  • Consistent across entities
  • Comparable over time
  • Useful for economic decision-making

2. Elements of Financial Statements

Financial statements are built on certain fundamental components known as elements. These elements form the backbone of accounting and provide a structured way of presenting financial information to users. By classifying financial information into defined elements, the Conceptual Framework ensures consistency, comparability, and clarity in financial reporting.

Broadly, these elements are divided into two categories: those that describe the financial position of an entity at a point in time and those that explain its financial performance over a period.

2.1 Financial Position (Position at a Point in Time)

Elements relating to financial position provide a snapshot of the entity’s financial standing as at a specific date, typically the balance sheet date. They help users understand the resources available to the entity and the obligations it must meet.

  • Assets represent economic resources controlled by the entity that are capable of generating future economic benefits. These benefits may arise through use in operations, sale, or exchange.
  • Liabilities represent present obligations of the entity that arise from past events and require the entity to transfer economic resources in the future.
  • Equity represents the residual interest in the assets after deducting liabilities and reflects the owners’ claim on the entity’s net resources.

2.2 Financial Performance (Performance Over a Period)

Elements relating to financial performance explain how an entity’s financial position has changed during a reporting period. These are typically reflected in the Statement of Profit and Loss.

  • Income represents increases in economic benefits during the period, either through inflows of assets or reductions in liabilities.
  • Expenses represent decreases in economic benefits, either through outflows of assets or increases in liabilities.

2.3 Other Changes in Equity

It is important to note that not all changes in equity arise from income or expenses. Certain transactions directly affect equity without passing through the profit and loss statement. These include:

  • Contributions from owners, for example, the issue of shares
  • Distributions to owners, for example, dividends
  • Certain exchanges of assets or liabilities that do not change total equity

These changes are essential for understanding the complete movement in equity but are conceptually distinct from performance-related changes.

3. Meaning of Elements of Financial Statements

To ensure uniform application across entities, the Conceptual Framework provides precise definitions of each element:

3.1 Meaning of Assets

Assets are defined as present economic resources controlled by the entity as a result of past events.

  • An economic resource is a right that has the potential to produce economic benefits.
  • These benefits may arise in various ways, such as generating cash inflows, reducing costs, or being exchanged for other valuable resources.

For Example, cash, receivables, inventory, machinery, and intangible assets, etc.

3.2 Meaning of Liabilities

Liabilities are defined as present obligations of the entity to transfer economic resources as a result of past events.

  • The obligation must exist at the reporting date.
  • Settlement typically involves payment of cash, transfer of goods or services, or other economic resources.

For Example, loans, trade payables, provisions, and accrued expenses, etc.

3.3 Meaning of Equity

Equity represents the residual interest in the assets of the entity after deducting all liabilities.

  • It reflects the owners’ claim on the net assets of the business.
  • It may include share capital, retained earnings, and other reserves.

In Simple Terms – Equity = Assets – Liabilities

3.4 Meaning of Income

Income refers to increases in economic benefits during a reporting period, which result in an increase in equity, excluding contributions from owners.

  • It may arise from core operations (revenue) or incidental activities (gains).
    For Example, sales revenue, interest income, and gains on disposal of assets.

3.5 Meaning of Expenses

Expenses refer to decreases in economic benefits during a reporting period, which result in a decrease in equity, excluding distributions to owners.

  • Expenses include both operating costs and losses.

For Example, salaries, rent, depreciation, and losses on sale of assets.

3.6 Other Changes in Equity

Certain transactions affect equity but are not considered income or expenses:

  • Contributions from owners, such as the issue of shares.
  • Distributions to owners, for example, dividends.
  • Certain exchanges that do not impact total equity.

These are presented separately to maintain clarity between operational performance and owner-related transactions.

Click Here To Read The Full Article

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Section 54GB Deduction Allowed on Proportionate Investment | ITAT

Section 54GB proportionate investment

Case Details: Jyotsna Kunwar vs. Income-tax Officer [2026] 185 taxmann.com 93 (Mumbai-Trib.)

Judiciary and Counsel Details

  • Rahul Chaudhary, Judicial Member & Bijayananda Pruseth, Accountant Member
  • S. Krishnan for the Appellant.
  • Nakul Agrawal for the Respondent.

Facts of the Case

The assessee, an individual, filed her return for A.Y. 2022-23 declaring a total income of about Rs. 23.80 lakhs. During scrutiny, it was noticed that the assessee had sold a residential property for about Rs. 4.40 crores and earned long-term capital gain of about Rs. 1.76 crores. Out of the net consideration, the assessee invested about Rs. 3.69 crores in equity shares of an eligible start-up and claimed a deduction of about Rs. 1.48 crores under section 54GB on a proportionate basis.

The Assessing Officer disallowed the deduction on various grounds, including that the entire net consideration was not invested, section 54GB did not apply to transfers after 31-03-2017, and there was a cap of Rs. 50 lakhs, and that the conditions regarding utilisation of funds were not satisfied. The Commissioner (Appeals) upheld the disallowance. Aggrieved, the assessee filed an appeal before the Tribunal.

ITAT Held

The Tribunal held that the benefit of section 54GB was extended by the Finance Act 2021 to eligible start-ups until 31-3-2022. The AO’s belief that the benefit of section 54GB could not be availed for the transfer of residential property after 31-3-2017 was incorrect, and, therefore, the objection of the Assessing Officer regarding the applicability of the provision was incorrect. It was further held that section 54GB does not prescribe any limit of Rs. 50 lakhs on investment, and the view taken by the Assessing Officer was without legal basis.

The Tribunal also noted that the investee company had furnished confirmation and financial statements establishing that the amount invested was utilised to purchase plant and machinery. It was observed that the Assessing Officer had not conducted further enquiry despite the availability of such material and that the findings of the lower authorities were contrary to the record.

Accordingly, the assessee had satisfied the conditions prescribed under section 54GB and was entitled to claim a deduction on a proportionate basis. The Commissioner (Appeals )’s order was set aside, and the Assessing Officer was directed to allow the deduction. The assessee’s appeal was allowed.

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