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    September 4, 2026   Case Laws SEBI
    Leave to Appeal Against Acquittal: Arguable Points Justify Merits Review, While Certified-Copy Time Is Excluded
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September 4, 2026   Case Laws SEBI
Leave to Appeal Against Acquittal: Arguable Points Justify Merits Review, While Certified-Copy Time Is Excluded
September 4, 2026   Case Laws IBC
Interim Moratorium Exclusion applies to pending personal-guarantor insolvency proceedings, permitting limited asset-preservation measures pending arbitration.
September 4, 2026   Case Laws IBC
Section 10A protection bars CIRP where cash-credit and ad hoc facility defaults arise during the protected period.
September 4, 2026   Case Laws Money Laundering
PMLA retention safeguards require recorded reasons, evidentiary nexus and fair hearing; non-compliance invalidates continued seizure.
September 4, 2026   Case Laws Indian Laws
Assigned secured debts permit banks to use SARFAESI, while borrowers retain merits review of remaining challenges before the Tribunal.
September 4, 2026   Case Laws Indian Laws
Codeine cough syrup exemption turns on medicinal dealing, while intoxication diversion triggers NDPS liability and whole-mixture quantification.
September 3, 2026   Case Laws GST
Input tax credit fraud permits Section 74 recovery where invoices and payments do not prove receipt of goods.
September 3, 2026   Case Laws Money Laundering
PMLA anticipatory bail requires satisfaction of twin conditions, while predicate-offence protection does not extend to independent money-laundering proceedings.
September 3, 2026   Notifications Customs
Sea cargo manifest compliance date is substituted in the Form XII table, effective upon Official Gazette publication.
September 3, 2026   Circulars DGFT
Raw sugar tariff-rate quota allocations move to daily batch processing, with pro-rata sharing when remaining quota is exhausted.
September 3, 2026   Circulars Customs
Sea cargo manifest electronic filing becomes mandatory through phased port implementation, with no penalties during the transition period.
September 3, 2026   Circulars GST
Omission of GST refund restriction rule ends its application to proceedings pending on its omission date.
September 3, 2026   Case Laws GST
Security-based bail conditions for alleged tax liabilities were modified when disclosed family assets could secure the alleged dues.
September 3, 2026   Case Laws GST
Reasonable cause protects service-tax defaulters from Section 78 penalties when departmental guidance creates genuine interpretational uncertainty.
September 3, 2026   Case Laws GST
GST refund restriction omission applies to pending proceedings, requiring related notices, orders and refund claims to be processed accordingly.
September 3, 2026   Case Laws GST
Input tax credit for leased construction requires binding precedent consideration; unlawful ledger recovery must be reversed.
September 3, 2026   Case Laws GST
Retrospective input tax credit protection overrides delayed-return limits, requiring reconsideration where statutory eligibility under Section 16(5) is met.
September 3, 2026   Case Laws GST
Electronic gift vouchers can validly pass GST rate-reduction benefits when unconditional, traceable e-wallet credits reach identified customers.
September 3, 2026   Case Laws GST
School-affiliation charges remain taxable where not directly connected with examinations, while extended limitation requires proof of deliberate tax evasion.
September 3, 2026   Case Laws Income Tax
Finality of tax liability required before criminal prosecution may be closed; premature closure was set aside for reconsideration.

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Income Tax

Transaction between foreign enterprise and its Indian Permanent...

Foreign Company's Transactions with Indian Permanent Establishment Subject to Transfer Pricing Rules u/s 92B and DTAA Article 7(2.

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Income Tax January 28, 2025 Case Laws AT
Transaction between foreign enterprise and its Indian Permanent Establishment (PE) falls within transfer pricing provisions u/s 92B. ITAT held PE must be treated as distinct and separate enterprise per Article 7(2) of India-China DTAA. Transactions between foreign HO and Indian PE qualify as international transactions since both parties are non-residents, satisfying Section 92B(1) requirement. PE's functional independence is supported by OECD Model Tax Convention commentary. The underlying philosophy of transfer pricing provisions and Article 7(2) align in analyzing third-party behavior under uncontrolled conditions. ITAT rejected argument of conflict between Article 9 of DTAA and domestic transfer pricing provisions, directing ALP adjustment application to HO-PE transactions. Matter remanded to Division Bench for implementation.
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Acts Income Tax
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