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    July 24, 2026   Case LawsIncome Tax
    Revenue expenditure and software royalty principles protect operational marketing costs and cloud-service subscriptions from disallowance.
    July 24, 2026   Case LawsIncome Tax
    Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
    July 24, 2026   Case LawsIncome Tax
    Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
    July 24, 2026   Case LawsIncome Tax
    Penalty jurisdiction under the Black Money Act fails where the approving authority imposes it or the assessment year is wrong.
    July 24, 2026   Case LawsIncome Tax
    Electronic reassessment notice issuance requires ITBA dispatch, section 148A compliance and sanction from the competent specified authority.
    July 24, 2026   Case LawsIncome Tax
    Undisclosed foreign income interest requires source non-disclosure, while advance-tax exemptions and merger limit rectification-based liability challe...
    July 24, 2026   Case LawsIncome Tax
    Documented penny-stock share gains cannot be rejected without evidence linking the taxpayer to price manipulation or accommodation entries.
    July 24, 2026   Case LawsIncome Tax
    Charitable Medical Relief exemption applies despite insurer payments, while expenditure and tax deduction claims require evidence verification.
    July 24, 2026   Case LawsIncome Tax
    Gross profit estimation on rejected books applies a comparable industry rate to declared and undisclosed sales after diary adjustments.
    July 24, 2026   Case LawsCustoms
    Retail-ready dog and cat feed in 20 kg packs falls under the specific retail-sale tariff classification.
    July 24, 2026   Case LawsCustoms
    Persuasive value of customs advance rulings supported raisin classification and exemption where statutory certificates remained unrebutted.
    July 24, 2026   Case LawsCustoms
    Airport security screening outside customs areas remains valid where Customs officers subsequently conduct seizure using prescribed safeguards.
    July 24, 2026   Case LawsCustoms
    Network-capable facsimile machine classification requires tariff-based analysis, technical proof for reclassification, and limits extended-period dema...
    July 24, 2026   Case LawsCustoms
    Integral software licences form part of imported hardware value, supporting extended limitation for non-disclosure and undervaluation.
    July 24, 2026   Case LawsCustoms
    Transferable DFIA licence exemption survives where alleged exporter irregularities and importer fraud remain unproved, defeating extended limitation.
    July 24, 2026   Case LawsCustoms
    Section 108 statements require section 138B compliance, including examination and cross-examination, before supporting export-related penalties.
    July 24, 2026   Case LawsCustoms
    Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
    July 24, 2026   Case LawsCustoms
    Sequential customs valuation restricts residual methods, while related-party imports can justify rejecting declared transaction values and combined pe...
    July 24, 2026   Case LawsCompanies Law
    Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
    July 24, 2026   Case LawsMoney Laundering
    Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
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    July 24, 2026   Case Laws Income Tax
    Revenue expenditure and software royalty principles protect operational marketing costs and cloud-service subscriptions from disallowance.
    July 24, 2026   Case Laws Income Tax
    Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of consequential penalty.
    July 24, 2026   Case Laws Income Tax
    Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciation block.
    July 24, 2026   Case Laws Income Tax
    Penalty jurisdiction under the Black Money Act fails where the approving authority imposes it or the assessment year is wrong.
    July 24, 2026   Case Laws Income Tax
    Electronic reassessment notice issuance requires ITBA dispatch, section 148A compliance and sanction from the competent specified authority.
    July 24, 2026   Case Laws Income Tax
    Undisclosed foreign income interest requires source non-disclosure, while advance-tax exemptions and merger limit rectification-based liability challenges.
    July 24, 2026   Case Laws Income Tax
    Documented penny-stock share gains cannot be rejected without evidence linking the taxpayer to price manipulation or accommodation entries.
    July 24, 2026   Case Laws Income Tax
    Charitable Medical Relief exemption applies despite insurer payments, while expenditure and tax deduction claims require evidence verification.
    July 24, 2026   Case Laws Income Tax
    Gross profit estimation on rejected books applies a comparable industry rate to declared and undisclosed sales after diary adjustments.
    July 24, 2026   Case Laws Customs
    Retail-ready dog and cat feed in 20 kg packs falls under the specific retail-sale tariff classification.
    July 24, 2026   Case Laws Customs
    Persuasive value of customs advance rulings supported raisin classification and exemption where statutory certificates remained unrebutted.
    July 24, 2026   Case Laws Customs
    Airport security screening outside customs areas remains valid where Customs officers subsequently conduct seizure using prescribed safeguards.
    July 24, 2026   Case Laws Customs
    Network-capable facsimile machine classification requires tariff-based analysis, technical proof for reclassification, and limits extended-period demands.
    July 24, 2026   Case Laws Customs
    Integral software licences form part of imported hardware value, supporting extended limitation for non-disclosure and undervaluation.
    July 24, 2026   Case Laws Customs
    Transferable DFIA licence exemption survives where alleged exporter irregularities and importer fraud remain unproved, defeating extended limitation.
    July 24, 2026   Case Laws Customs
    Section 108 statements require section 138B compliance, including examination and cross-examination, before supporting export-related penalties.
    July 24, 2026   Case Laws Customs
    Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving finality.
    July 24, 2026   Case Laws Customs
    Sequential customs valuation restricts residual methods, while related-party imports can justify rejecting declared transaction values and combined penalties.
    July 24, 2026   Case Laws Companies Law
    Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness.
    July 24, 2026   Case Laws Money Laundering
    Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and attendance.

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      Home› Highlights › SEBI › 2023 › January, 2023 › This
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      SEBI

      Inquiring into complaints by SEBI - Power conferred on the...

      SEBI Can Impose Penalties u/s 11C(6) Only After Court Complaint; Safeguards Against Misuse Included.

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      SEBIJanuary 12, 2023Case LawsHC
      Inquiring into complaints by SEBI - Power conferred on the investigating authority - The punishment of imprisonment or fine will be imposed under Sec.11C(6) only after a complaint is lodged before a competent criminal court by SEBI against the person refusing to cooperate in the investigative process and the said court will consider whether in the facts and circumstances of the case, such refusal is bonafide and whether punishment ought to be imposed and if so, to what extent. - There are, thus, adequate safeguards provided in the enactment itself against any misuse of the power. - HC
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      ActsIncome Tax
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