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2026 (7) TMI 250 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI AT
This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court. 2026 (7) TMI 250 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI At a Glance • A body corporate may be a related party of a corporate debtor under Section 5(24)(i) of the Insolvency and Bankruptcy Code, 2016 even where it holds no shares directly in the corporate debtor. • The statutory inquiry... ... ...
Notification No. IFSCA/GN/2026/5 Dated:- 7-1-2026 Indian Law
IFSC capital market intermediary regulation permits unified registration for a unit undertaking multiple activities. Educational eligibility is expanded to include fintech, science, technology, engineering and mathematics, while the recognition requirement for a foreign university is removed and the specified period is reduced from ten to five. One principal officer may serve across specified intermediary activities, but distribution business must have a separate vertical head. Custodian recognition requirements are superseded, and custodians must meet revised net worth requirements, with transitional compliance for existing registrants.
Notification No. S.O. 4769(E) Dated:- 21-10-2025 Information Technology
Information-blocking administration under section 69A of the Information Technology Act, 2000 is assigned to a designated officer under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. Ajit Kumar is authorized and designated for that role, while Sushil Pal is designated to act as alternate Designated Officer during Ajit Kumar's absence due to leave, tour, or other circumstances.
Schedule of the International Financial Services Centres Authority (Performance Review Committee) Re...
^1[SCHEDULE (see regulation 3A) FORM OF DECLARATION OF FIDELITY AND SECRECY I, ______________________, on becoming a member of the Committee, do solemnly and sincerely declare that I will faithfully perform the duties to the best of my ability and that I will uphold the dignity of the position and that I will observe secrecy and will not directly communicate or divulge any of the matters or any information which may come to my knowledge in the discharge of my duties, except when require... ... ...
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SHRI R.K. PANDA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER FOR THE ASSESSEE : SHRI S. VIJAY ADITYA, ADVOCATE FOR THE REVENUE : SHRI KPRR MURTHY, CIT(DR) ORDER Per R.K. Panda, A.M This appeal filed by the Revenue is directed against the order dated 11/08/2022 of the learned CIT (A)-10, Hyderabad relating to A.Y.2018-19. 2. Facts of the case, in brief, are that the assessee is an individual and was employed with Amazon Development Centre (India) Pvt. Ltd for the im... ... ...
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SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER For the Applicant : Shri Mukesh Singhal, Advocate For the Respondent : Shri Jatender Kumar Kale, CIT-DR ORDER PER PRADIP KUMAR KEDIA - A.M.: The captioned appeal has been filed by the assessee against the order of the Additional / Joint Commissioner of Income Tax (Appeals)-3, Hyderabad ('CIT(A)' in short) dated 10.01.2024 arising from the assessment order dated 16.03.2023 passed by the Assessing O... ... ...
Benami character under Section 2(9)(A) depends on the real relationship between consideration, holding and the direct or indirect benefit of the person providing funds, rather than transaction form. Bank funds and their proceeds may constitute property. A cash-to-bank trail through entities controlled by an alleged benamidar, supported by a sworn statement and surrounding commercial circumstances, may outweigh invoices and ledgers lacking independent substantiation. Procedural fairness requires disclosure of relied-upon material and a meaningful opportunity to respond; denial of cross-examination requires demonstrable prejudice. Provisional attachment remains subject to adjudication, hearing and appeal, while temporal application of amended definitions turns on whether property was transferred or continued to be held after commencement.
Entry 34 of List II permits State legislation regulating or prohibiting betting on uncertain outcomes, including outcomes of predominantly skill-based games. The constitutional distinction is between the skill game itself and a wager placed on its uncertain result: a stake, uncertainty and expectation of gain bring the activity within betting and gambling, regardless of the game's skill classification. Genuine participation fees for skill competitions may remain distinct from outcome-linked stakes, requiring examination of the payment's function and the event's structure. Statutory exemptions for wagering on games of skill are matters of legislative policy and may be withdrawn. Online money-gaming restrictions may additionally rely on publi.....
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MANISH PITALE, J. For the Applicant : Adv. Ratnadeep Meshram a/w Adv. Harshad Meshram a/w Ms. Shweta Khakare For the State-Respondent : Ms. Tanveer G. Khan, APP Ms. Ameeta Kuttikrishnan for respondent No.2-NCB Spl. P.P PC.: 1. Heard Mr. Meshram, learned counsel for the applicant, and Ms. Kuttikrishnan, Special Public Prosecutor appearing for the contesting respondent No.2, i.e. Narcotics Control Bureau. 2. The applicant in the present case is seeking bail in connection with C.R. N... ... ...
Section 107 of the CGST Act confines GST appeals to a three-month filing period, with condonation by the Appellate Authority limited to one further month upon sufficient cause. Section 5 of the Limitation Act cannot enlarge that statutory ceiling. Limitation runs from communication; portal availability and postal service under Section 169 may require factual scrutiny, while Rule 108 governs electronic or permitted manual filing where an order is unavailable on the portal. Statutory pre-deposit triggers a deemed stay of recovery for the balance demand. Article 226 may exceptionally restore an unheard appeal where defective communication, prompt action after knowledge and material procedural unfairness justify relief, but is not a routine cure for delay or inaction.
Wrong-head GST remittances, where a taxpayer timely pays the full aggregate liability but selects an incorrect tax head, are distinct from a later correction of a supply's inter-State or intra-State character. Sections 19 of the IGST Act and 77 of the CGST Act, with Rule 89(1A), address classification errors and the related refund framework, not a pure allocation error. An identifiable wrong-head payment may be appropriated against the correct CGST and SGST liabilities rather than requiring duplicate payment followed by refund. Where funds remain in the electronic cash ledger, Section 49(10) and Rule 87(13) permit inter-head transfer through FORM GST PMT-09; refund may be procedurally necessary if transfer is unavailable.
Regulation 3A of the International Financial Services Centres Authority (Performance Review Committe...
Performance Review Committee members must sign the prescribed declaration and comply with a code of conduct intended to enhance public trust. Members must uphold the integrity, dignity and reputation of their office, maintain high standards of probity, disclose conflicts of interest, and recuse themselves where necessary. Information received in their capacity as members must be kept confidential and must not be disclosed knowingly or inadvertently.
Notification No. S.O. 5199(E) Dated:- 17-11-2025 Information Technology
Under section 69A(1) of the Information Technology Act, 2000, read with rule 3 of the blocking procedure and safeguards Rules, Shri Akhil Kumar is designated as the primary Designated Officer. Shri Sushil Pal is designated to act as Designated Officer during the primary officer's absence owing to leave, tour, or similar circumstances. The appointment supersedes the earlier designation issued in October 2025.
Notification No. S.O. 5198(E) Dated:- 14-11-2025 Information Technology
Designation of a Nodal Officer assigns the Joint Secretary, IT Cell in the Ministry of Labour and Employment responsibility for intermediary-related matters involving misinformation about the Ministry and its schemes or initiatives. The role also covers fake websites and URLs claiming affiliation, impersonation including fraudulent job offers, and unauthorised use of the Ministry's name, logo, or digital content.
Notification No. F. No. IFSCA/GN/2025/9 Dated:- 29-9-2025 Indian Law
Independent-expert nomination is barred where a proposed member is 75 or older on appointment, insolvent, convicted of an offence punishable by at least 180 days' imprisonment, incapable of duty, or has an unresolved material conflict of interest. Members must sign a fidelity and secrecy declaration, disclose conflicts and recuse where necessary, preserve confidentiality, and maintain probity. Quorum is half the Committee's strength, including at least one Authority member and one independent expert; each member has one vote and the Chairperson has a casting vote.
Principal-to-principal discounts avoid TDS characterisation, while interconnected marketing support and distribution transactions require aggregated transfer-pricing benchmarking.
Conditional and volume discounts, octroi and insurance reimbursements, and sales rebates arising from completed principal-to-principal sales do not attract tax deduction at source as contractual payments or commission absent a contract for work or an agency relationship. Characterisation of rebates for defective products under TDS provisions depends on specific factual findings regarding actual repairs, dealers' obligations, independent repair activity, and possible reimbursement of expenditure. Marketing support services and distribution functions that are interlinked and interdependent in promoting and selling products should be aggregated for transfer-pricing benchmarking rather than evaluated as separate international transactions.
Notification No. F. No. IFSCA/GN/2025/10 Dated:- 29-9-2025 Indian Law
Definition of "Board" in the payment and settlement systems framework is substituted to mean the Payments Regulatory Board constituted under sub-section (2) of section 3 of the Act. This replaces the earlier clause (d) of regulation 3(1), making the statutory constitution of the Payments Regulatory Board the controlling basis for the term's meaning.
Notification No. 11(6)/2012-CLFE Dated:- 16-11-2012 Information Technology
Cyber Regulations Advisory Committee is constituted under section 88 of the Information Technology Act, 2000, replacing the earlier committee constitution while preserving prior acts and omissions. Its membership combines ministers, senior government officials, rotating State and technical representatives, law-enforcement, certifying-authority, industry, internet-service-provider and trade-body representation. Non-official members may receive travelling and dearness allowances under Central Government rules, and persons may be co-opted for specified meetings.
Notification No. F. No. IFSCA/GN/2025/11 Dated:- 13-10-2025 Indian Law
Listed entities must disclose financial statements for the first half of the financial year to recognised stock exchange(s) immediately after board approval and no later than forty-five days after the first half-year ends. The amendments also replace one hundred and thirty five with one hundred and eighty in regulation 16(8), and replace five with eight in regulation 25(2), regulation 52(3), and regulation 65.
Notification No. IFSCA/GN/2025/5 Dated:- 8-7-2025 Indian Law
TechFin and Ancillary Service Providers must obtain registration before operating in an IFSC and may provide only permitted support and technology services that facilitate specified financial services. Applicants must meet prescribed legal-form, jurisdictional and fit-and-proper requirements, complete the application process, and report material changes. Providers must appoint required officers, serve eligible Intermediaries or Service Recipients, operate principally in Specified Foreign Currency, maintain records and submit required reports. The Authority may seek information, inspect operations, relax requirements on recorded reasons, and take action for contraventions after written submissions.