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2025 (6) TMI 2175
Case Laws IBC
Insolvency forum exclusivity bars civil-court injunctions over pending company liquidation disputes under the Insolvency Code.
Liquidation-related claims and questions concerning a company undergoing insolvency proceedings fall within the exclusive statutory jurisdiction of the NCLT. The Insolvency and Bankruptcy Code bars civil-court jurisdiction over such matters and requires the civil court to determine suit maintainability before issuing interim protection. Accordingly, an ad interim injunction affecting pending liquidation proceedings cannot be granted by a civil court. Supervisory jurisdiction under Article 227 remains available notwithstanding alternative remedies under the Code of Civil Procedure.

2025 (4) TMI 2241
Case Laws Income Tax
Form 10AB filing deadline protects regular charitable registration applications from rejection based solely on alleged delay.
Form 10AB applications for regular charitable registration cannot be rejected solely for alleged delay where the applicable extended filing deadline covers the filing. Registration must be reconsidered on merits when charitable activities are not in doubt and the applicant received inadequate opportunity to respond to a proposed rejection, including a short response period and portal-only notice without registered-email communication. Minor delay alone should not defeat a regular registration application; the application requires fresh consideration under the extended time limit and applicable law.

2025 (4) TMI 2242
Case Laws Income Tax
Section 68 proof of creditor identity, creditworthiness and genuine transactions supported deletion of unsecured loan and remuneration-creditor additions.
Section 68 additions for an unsecured loan and a sundry creditor were deleted because the evidentiary record established the requisite identity, creditworthiness and genuineness. Confirmations, lender bank statements, income-tax returns, statements of affairs and other supporting records substantiated the unsecured loan. The sundry creditor arose from director remuneration offered to tax by the recipient, and supporting material established its genuineness. As the evidence and findings remained uncontroverted, no basis remained for sustaining either addition.

2025 (1) TMI 1858
Case Laws GST
Input tax credit cross-head utilisation requires pooled electronic credit ledger treatment, requiring reassessment of wrongful-availment findings.
For CGST Act assessments concerning input tax credit, the electronic credit ledger is treated as a pooled wallet containing IGST, CGST and SGST credit rather than separate tax-head compartments. Cross-head utilisation of IGST credit towards CGST and SGST liabilities cannot be treated as wrongful availment without applying that pooled-wallet principle. Findings that treated such utilisation as wrongful were set aside and require fresh determination under the correct ledger treatment.

2025 (6) TMI 2176
Case Laws GST
IGST credit head-wise utilisation does not alone establish excess input tax credit under GST adjudication.
Inadvertent head-wise utilisation of available IGST credit towards CGST and SGST liabilities does not, by itself, constitute unlawful availment of excess input tax credit in adjudication under Section 73. Where the alleged excess credit arises solely from such utilisation, the applicable rules governing IGST credit set-off must be applied before treating the credit as excessive. The excess-input-tax-credit component requires fresh determination, and the assessee is entitled to the applicable treatment of IGST credit utilisation.

2025 (10) TMI 1488
Case Laws GST
Input tax credit utilisation across CGST, SGST and IGST requires reassessment where credit was rejected for adjustment sequence.
Input tax credit utilisation across CGST, SGST and IGST must be assessed under the governing rules and the binding Division Bench position on cross-utilisation. Rejection solely because credit was adjusted against CGST and SGST rather than IGST is unsustainable. The assessment requires fresh determination in accordance with that binding position after the assessee is heard.

See Regulation 12
Act Rules SEBI
Schedule of the Securities and Exchange Board of India (Certification of Specified Persons in the Se...
"Specified Persons" replaces "Associated Persons" in regulation 17A(4) of the Securities and Exchange Board of India (Debenture Trustees) Regulations, 1993, and in regulations 2(1)(ea) and 2(1)(ha) of the Securities and Exchange Board of India (Self Regulatory Organizations) Regulations, 2004. These terminology amendments took effect on 8 October 2026.

Regulation 12 of the Securities and Exchange Board of India (Certification of Specified Persons in t...
Regulation 12 provides for amendment of the regulations specified in the Schedule to the Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007. Each scheduled regulation is to be amended only in the manner and to the extent set out in that Schedule.

Circular No. Policy Circular No. 2/2026-27 Dated:- 9-10-2026 Circular Dated:- 9-10-2026 Circular
Silver classified under ITC(HS) 71069221 may be imported only against a valid DGFT Import Authorisation, except where Policy Condition No. 7 exemptions apply. Nominated Agency, IFSCA Qualified Jeweller, or EOU status is not an additional eligibility condition unless expressly imposed by the Authorisation. The holder may import directly in its own name, subject to endorsed conditions. Import through IIBX is not mandatory for this classification unless specifically required by the Import Authorisation.

Notification No. S.O. 1413(E) Dated:- 26-3-2018 Information Technology
The Computer Forensic and Data Mining Laboratory under the Serious Fraud Investigation Office, Ministry of Corporate Affairs, New Delhi, is designated as an Examiner of Electronic Evidence within India for electronic-evidence examination. Its specialised forensic role covers Computer (Media) Forensics and expressly excludes Floppy Disk Drive examination from its designated scope.

Circular No. 26 Dated:- 10-10-2026 Circular Dated:- 10-10-2026 Circular
Authorised Dealers must maintain a Foreign Exchange Risk Reserve for specified INR foreign exchange derivative contracts used to hedge current account transactions involving purchase of foreign currency against INR. The reserve equals 20 per cent of the INR-equivalent notional amount, must be maintained as cash in India with the Reserve Bank daily until termination, and must be reported daily through the Centralised Information Management System. Splitting transactions to circumvent the requirement constitutes a violation.

Circular No. 25 Dated:- 10-10-2026 Circular Dated:- 10-10-2026 Circular
Authorised Dealers may not permit rebooking of cancelled INR-linked foreign exchange derivative contracts, while rollover on maturity remains permissible subject to applicable requirements. The threshold for specified positions without establishing underlying exposure is USD 5 million equivalent. For INR-linked derivatives hedging contracted exposure, Authorised Dealers must obtain a user undertaking addressing prior hedging with other Authorised Dealers, including amounts booked elsewhere for partial hedges. They must verify underlying exposure and retain supporting documents for at least two years.

Notification No. SEBI/LAD-NRO/GN/2026/320 Dated:- 8-10-2026 SEBI
Educational eligibility for scheduled employee posts now includes a graduation degree of at least three years after Class XII, a master's degree or two-year postgraduate diploma after graduation, or recognised professional credentials. Graduation requires prescribed aggregate marks, with a reduced threshold for SC/ST/PwBD candidates where posts are reserved. The criteria standardise aggregate grade point conversion and full-course aggregation, recognise qualifying foreign postgraduate credentials supported by equivalence certification, omit the prior desirable legal-stream advocacy-experience requirement, and revise listed postgraduate qualification fields.

2017 (11) TMI 2092
Case Laws Income Tax
MAT tax liability bars concealment penalty where normal-provision additions do not create tax sought to be evaded.
MAT liability exceeding tax under the normal provisions meant that additions or disallowances under those provisions created no tax sought to be evaded for concealment-penalty purposes. For the relevant assessment year, the substituted Explanation 4 calculation mechanism for MAT cases operated prospectively from 1 April 2016 and did not apply. Penalty under section 271(1)(c) was therefore inapplicable, and deletion of the penalty was sustained.

Notification No. G.S.R. 111(E) Dated:- 8-2-2017 Information Technology
Digitally or electronically signed certificates or documents shared from subscribers' Digital Locker accounts may be issued and accepted at par with physical documents. Where an issuer pushes a certificate or document into the system and a requester accesses or accepts it through a URI, it is deemed directly shared by the issuer electronically. Links leading to an issuer repository as the single source of truth enable automatic verification.

Circular No. PUBLIC NOTICE No. 96 /2019 Dated:- 23-10-2019 Trade Notice Dated:- 23-10-2019 Trade Not...
Customs sample-testing arrangements at the DYCC, JNCH Laboratory identify goods that cannot presently be analysed because required facilities are unavailable, including certain feed additives affected by non-functional HPLC equipment. The exclusions cover specified agricultural products, food preparations, medicines, bio-fertilisers, pigments, plastics, wood articles, textile waste, glass and precious stones. Specific difficulties may be brought to the Joint Commissioner of Customs in charge, and the operational decisions are to be treated as a Standing Order for officers and staff.

2011 (7) TMI 1413
Case Laws Income Tax
MAT-based assessment prevents concealment penalty where a normal-computation adjustment does not increase the tax ultimately payable.
Penalty for concealment or furnishing inaccurate particulars is not leviable where an adjustment affects only normal taxable income but does not alter tax assessed on book profit under the minimum alternate tax regime. Tax under Section 115JB is payable on the higher of normal tax and prescribed book profit. Where the assessment is ultimately based on accepted book profit, an alleged excess deduction under normal provisions creates no tax sought to be evaded. Consequently, no penalty arises under Section 271(1)(c) when the disputed adjustment has no effect on book-profit tax liability.

Circular No. PUBLIC NOTICE NO. 69/2020 Dated:- 20-5-2020 Trade Notice Dated:- 20-5-2020 Trade Notice
Outside laboratory testing is temporarily permitted for import samples of animal feed additives/premix and edible-grade extra virgin oil at specified FSSAI-notified laboratories. The arrangement operates for six months. Importers or owners must bear the testing costs under section 145 of the Customs Act, 1962, and implementation directions have standing-order status for customs officers and staff.

2024 (8) TMI 1774
Case Laws Income Tax
Reassessment jurisdiction fails where recorded reasons reverse transaction facts and cannot be cured by later explanations or technical-defect protection.
Reassessment jurisdiction requires recorded reasons that accurately arise from the material available to the Assessing Officer. Where registered deeds showed that sales and purchases had been incorrectly reversed and a sale was treated as unexplained investment, the reasons disclosed non-application of mind and could not support a belief that income had escaped assessment. Jurisdiction must be assessed solely from the recorded reasons; later explanations cannot supplement or correct them. Such foundational factual errors are not technical defects protected by Section 292B. Consequently, the Section 148 notice was void from inception and the reassessment was invalid.

Circular No. PUBLIC NOTICE NO. 101/2020 Dated:- 18-8-2020 Trade Notice Dated:- 18-8-2020 Trade Notic...
UQC declarations in electronic Bills of Entry and Shipping Bills are standardised to improve import and export data quality. Statistical UQCs prescribed under the Customs Tariff Act are mandatory for every item in addition to invoice-based commercial units. Commercial UQC declarations must use only permitted codes for recognised measures; any other code will not be accepted. The restricted commercial-UQC framework takes effect from 20 August 2020.

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