Gujarat High Court Quashes Stamp Duty Order, Says Mere Reference To Submissions Is Not Consideration

The Gujarat High Court has quashed an order directing recovery of deficit stamp duty and fine from Metalloys Recycling Ltd, holding that the authority failed to deal with the company's written submissions before passing the decision. Allowing the Special Civil Application, Justice Aniruddha P. Mayee held that the order dated May 24, 2023 passed by the Dy. Collector, Stamp Duty Valuation Department, Valsad was not in consonance with the principles of natural justice. The Court found that...

No CST If State Tax Already Paid On Inter-State Movement Of Goods: Andhra Pradesh High Court

The Andhra Pradesh High Court on 9 February held that once tax is levied and collected on goods under the Andhra Pradesh General Sales Tax Act (APGST Act), no Central Sales Tax (CST) can be imposed on their inter-State movement, even if statutory declaration forms such as C-Forms or F-Forms are not furnished or are defective. A Division Bench of Justice R Raghunandan Rao and Justice T.C.D. Sekhar allowed a petition challenging the CST assessment for the assessment year 2004–05, filed by Gourav...

Andhra Pradesh High Courts Rejects Sales Tax Exemption Claim Over Defective Form A-5

The Andhra Pradesh High Court on 9 February, refused to interfere with orders withdrawing sales tax exemption on commission sales, holding that Form A-5 declarations not bearing the official seal of the assessing authority cannot be treated as valid under the Andhra Pradesh General Sales Tax Rules, 1957. A dealer files Form A-5 to claim sales tax exemption on commission sales. A Division Bench of Justice R. Raghunandan Rao and Justice T.C.D. Sekhar was hearing a tax revision case filed by ...

Sales Directly Linked To Export Cannot Be Taxed Under Central Sales Tax: Andhra Pradesh High Reaffirms

The Andhra Pradesh High Court has recently reiterated that where export is the direct result of a sale and the two form an integrated transaction that cannot be dissociated, such a sale is protected under Article 286 of the Constitution and cannot be subjected to State taxation. Explaining the law, the Division Bench of Justice R. Raghunandan Rao and Justice T.C.D. Sekhar held that a sale is “in the course of export” under Section 5(1) of the Central Sales Tax Act, 1956, when the sale itself...

DGFT Invites Comments On Draft Digital Trade Facilitation Bill, 2026

On Monday, 9 February, the Directorate General of Foreign Trade (DGFT) issued a trade notice inviting stakeholder comments on the draft Digital Trade Facilitation Bill, 2026, which aims to give statutory recognition to electronic trade documents and regulate digital identity and trust services for cross-border trade. The notice follows the Union Budget announcement on implementing BharatTradeNet as a digital public infrastructure for trade. The Ministry of Commerce noted that the current legal...

Bombay High Court Directs Mumbai Stamps Collector To Expedite Decision On Developer's Representation

The Bombay High Court has directed the Additional Collector of Stamps, Mumbai, to expeditiously decide a representation filed in 2022 by a Mumbai-based developer seeking reconsideration of the Ready Reckoner rates applicable to its residential project. A Division Bench of Justice M. S. Karnik and Justice S. M. Modak granted the Additional Collector twelve weeks from the date of communication of the order to hear the developer and decide the representation on merits. The Court also directed the...

Supreme Court Lets LG Electronics Withdraw Challenge To Rajasthan HC Entry Tax Ruling

The Supreme Court on Wednesday permitted LG Electronics India Pvt. Ltd. to withdraw its Special Leave Petitions challenging a Rajasthan High Court ruling on entry tax, granting it liberty to seek a review before the High Court as the constitutional validity of the provision remains pending. A Bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe recorded the submission that the vires of the provision had not been examined in the proceedings leading to the impugned judgment, since...

Kerala High Court Quashes Panchayat Prosecution Over Tax Dues, Reiterates Recovery Must Fail First

The Kerala High Court has quashed criminal proceedings initiated by a grama panchayat against the General Manager of GTL Infrastructure Ltd. over alleged non-payment of panchayat tax in respect of mobile towers, holding that prosecution under the Kerala Panchayat Raj Act can be launched only after statutory recovery proceedings are first exhausted. A Single Bench of Justice C. S. Dias allowed a criminal miscellaneous case filed by the General Manager, who was the first accused in a complaint...

Joint Commissioner's VAT Revision Cannot Be Revisited By Senior Officer: Calcutta High Court

The Calcutta High Court on 2 February held that once an order is revised by a Joint Commissioner under Section 86 of the West Bengal Value Added Tax Act, 2003, it cannot be subjected to a further suo motu revision under Section 85 by a Senior Joint Commissioner, as both officers act as delegates of the Commissioner and exercise the same revisional authority. A Bench of Justice Kausik Chanda, while dismissing a review petition filed by the West Bengal Tax Department, wrote: "Once an order has...

Budget 2026: No Prosecution For Non-Disclosure Of Foreign Assets Up To ₹20 Lakh Under Black Money Law

The Union Government has proposed easing prosecution under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, in cases involving non-disclosure of foreign assets, other than immovable property, with an aggregate value of up to ₹20 lakh. Clause 144 of the Finance Bill, 2026, proposes amendments to the provisos of Sections 49 and 50 of the Black Money Act to provide further that the prosecution provisions “shall not apply in respect of an asset or...

Budget 2026-27 Proposes Penalty Relief, Decriminalisation And Litigation Reduction In Income Tax Law

The Union Budget 2026–27 on Sunday proposed wide-ranging changes to the income tax penalty and prosecution framework, including immunity schemes, decriminalisation of certain offences and procedural measures to reduce litigation.Presenting her direct tax proposals, Finance Minister Nirmala Sitharaman said, “Multiplicity of proceedings are a hindrance to the ease of doing business.” She proposed to “integrate assessment and penalty proceedings by way of a common order for both.” The Finance...

Stamp Duty on DRT-Monitored Auction Sales To Follow Auction Price, Not Market Price: Bombay High Court

The Bombay High Court has reaffirmed that stamp duty on a sale certificate issued pursuant to a court-monitored auction, including auctions conducted by the Debt Recovery Tribunal, must be levied on the auction price and not on a higher market value independently assessed by stamp authorities.A Single Judge Bench of Justice N.J. Jamadar held that once a property is sold through a transparent, court-supervised auction process, stamp authorities cannot reassess its value by applying independent...