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Gravity Factor (G)
Act Rules SEBI
Regulation 14 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL ...
Regulation 14 prescribes gravity factors for settlement applications in administrative and civil securities proceedings. A reputation-risk factor of 0.25 applies to applications made without admission of securities-law violations. Additional factors apply for failure to make an open offer, offer-document violations without fraudulent-trade-practice allegations, insider-trading violations, and fraudulent and unfair trade practice violations. Applicable additional factors are added to the reputation-risk factor.

Regulation 13 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL ...
Regulatory action factor (R) equals the aggregate of values assigned to administrative warnings and orders issued against an applicant. It assigns zero where no prior order exists, 0.10 for each administrative warning, 0.20 for each settlement order, and 0.30 for each adverse order. Orders stayed by a tribunal or court remain included in calculating R.

Regulation 12 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL ...
Stage of proceeding factor (S) is assigned according to the procedural stage of an enforcement proceeding when a settlement application is filed. The value increases from voluntary suo motu applications, through pre- and post-show cause notice stages, to matters pending before a Designated Member, the Board, the Tribunal, or the Supreme Court. For multiple enforcement proceedings arising from the same cause of action, the factor for the most advanced proceeding applies.

Base Amount (BA)
Act Rules SEBI
Regulation 11 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL ...
Base Amount for settlement is determined by applying the minimum statutory penalty for the relevant default and the applicable applicant-category multiplier. It is calculated for each count of default and aggregated, with the highest amount used where one default triggers multiple violations and separate amounts added for distinct defaults. The amount is doubled for a lead conspirator, and an independent director may be treated as an executive director where alleged or found to have benefited from or actively participated in fraud. The Base Amount cannot be below an imposed penalty.

Settlement Amount
Act Rules SEBI
Regulation 10 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL ...
Settlement amount is calculated by multiplying the base amount by combined factors relating to the proceeding stage, regulatory action, gravity, aggravating circumstances and mitigating circumstances, subject to a minimum factor of one. Minimum amounts differ between first-time applicants and other applicants. Each applicant's amount is separately calculated and may include legal costs. An additional amount applies to specified related proceedings arising from the same cause of action, while the Panel of Whole Time Member may determine the amount where the formula cannot be applied.

Settlement Term
Act Rules SEBI
Regulation 9 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement terms may include a settlement amount, disgorgement of wrongful gains or losses, and remedial and regulatory terms, except where proceedings concern only penalties. Applicants subject to joint and several liability may be required to pay disgorgement and interest jointly or severally, while applicable disclosures form part of every settlement term. Settlement amounts are credited to the Consolidated Fund of India; application fees and legal costs go to the General Fund, and disgorged amounts with interest go to the Investor Protection and Education Fund.

Regulation 8 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement applications filed after a show cause notice permit the specified proceeding to continue while the final order remains in abeyance until disposal or withdrawal. Applications filed before a show cause notice keep its issuance in abeyance. The Board retains power to issue interim civil and administrative directions for investor protection and market integrity. Applications by some entities do not affect enforcement proceedings against non-applicants, and adverse observations against an applicant remain subject to its settlement outcome.

Regulation 7 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement applications may be rejected for non-response, delayed or incomplete submissions, repeated non-appearance, breach of undertakings or waivers, non-payment, or failure to meet settlement conditions. Withdrawal is permitted before communication of the Panel's decision. Refiling after rejection is allowed only at a subsequent stage if the earlier ground no longer applies, while withdrawn applications may be refiled at the same or a subsequent stage, subject to an additional settlement amount. Undertakings and waivers concerning limitation and laches remain valid.

Regulation 6 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement proceedings are unavailable for previously rejected applications concerning the same alleged default, pending examinations or investigations except confidentiality applications, and applicants classified as wilful defaulters, fraudulent borrowers or fugitive economic offenders. Settlement may also be declined for defaults with market-wide impact, widespread investor losses or effects on market integrity. The Panel of Whole Time Members retains discretion to accept or reject applications in investors' interests and for securities-market development and regulation.

Settlement Notice
Act Rules SEBI
Regulation 5 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement notices must be issued before a show-cause notice, identifying probable charges and proposed enforcement action and allowing sixty days for a settlement application. The mechanism does not apply where interim directions or prosecution are contemplated, or where matters fall within regulation 27. The Board may modify the probable charges or proposed enforcement action, and the notice neither creates an entitlement to settlement nor prevents subsequent enforcement.

Limitation
Act Rules SEBI
Regulation 4 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement applications for specified proceedings pending before the Board must be filed within ninety days of the later service of the show cause notice or supplementary show cause notice. The time bar does not apply to proceedings pending before the Tribunal or Supreme Court. Transitional applications for proceedings pending on commencement have a ninety-day filing period and carry a twenty percent increase in the settlement amount calculated under regulation 10.

Regulation 3 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
Settlement of specified proceedings may be sought at any stage through the prescribed application, undertaking and waiver, settlement amount computation basis, and applicable non-refundable fee. Facts established or admitted in proceedings in India or abroad concerning the same cause of action are deemed admitted for settlement purposes. A single application must cover all specified proceedings arising from that cause of action. Incomplete or non-compliant applications may be returned and must be revised within fifteen days, failing which they are deemed withdrawn.

Definitions
Act Rules SEBI
Regulation 2 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
For settlement of administrative and civil proceedings, alleged default means an act or omission contravening securities laws that attracts a specified proceeding. A specified proceeding includes proceedings capable of initiation by the Board, pending proceedings before it, and pending appeals for violations of securities laws. Securities laws include the principal securities enactments, other laws administered by the Board, and related subordinate instruments. Settlement amount, settlement terms, stage of proceeding, committees, reports and the Tribunal are defined for settlement purposes.

Regulation 1 of the Securities and Exchange Board of India (Settlement of Administrative and CIVIL P...
The Securities and Exchange Board of India (Settlement of Administrative and Civil Proceedings) Regulations, 2026 govern the procedure and terms for settlement of administrative and civil proceedings, including connected and incidental matters. Made under settlement-related and rule-making powers in the securities, securities contracts and depositories laws, they take effect on the day following expiry of 30 days from notification in the Official Gazette.

2024 (9) TMI 1977
Case Laws VAT / Sales Tax
Branch-transfer exemption protects declared stock transfers absent evidence that later movements were inter-State sales rather than genuine transfers.
Section 6A of the Central Sales Tax Act places the burden on a dealer to establish that inter-State movement occurred otherwise than by sale. Before mandatory Form F declarations took effect on 11 May 2002, that burden could be discharged through Form F or other available evidence. Verification under Section 6A(2) is limited to declaration particulars; unsupported presumptions, common parties, or an alleged common modus cannot establish disguised inter-State sales. Inspection material confined to an earlier period cannot support disallowance for subsequent transfers where no further records were sought and depot receipts were treated as stock transfers and taxed locally.

Notification No. S.O. 442(E) Dated:- 27-1-2023 Information Technology
Three Grievance Appellate Committees are established under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Each Committee has an ex officio chairperson drawn from designated government offices and two appointed whole-time members. Ashutosh Shukla, Sunil Soni, Commodore Sunil Kumar Gupta (Retired), Kavindra Sharma, Sanjay Goel, and Krishnagiri Ragothamarao Murali Mohan are appointed as whole-time members. Their tenure is three years from assumption of office or until further orders, whichever is earlier.

Circular No. Advisory No: 37/2026 Dated:- 18-9-2026 Trade Notice Dated:- 18-9-2026 Trade Notice
Sea Entry Inwards determines the amendment route for Cargo Summary Notifications and Sea Arrival Manifests. Before SEI, a CSN may be amended directly before SAM filing, except for VCN or rotation number changes. Where SAM has already been filed, the CSN submitter files an SCA and the shipping line follows with an SAA. Direct SAM amendments before SEI require no officer approval. After SEI, CSN changes require SCA followed by SAA, and direct SAM amendments also require officer approval before taking effect.

2013 (4) TMI 1024
Case Laws Indian Laws
Article 226 review of an auction was unavailable where the bidder's aggregated offers remained below the successful consolidated bid.
Article 226 writ jurisdiction could not be invoked to set aside an auction merely on a bidder's claimed confusion over its terms. Separate bids for the land and tower, even when aggregated, remained lower than the successful consolidated bid, undermining the claim of confusion or disturbance. The secured creditor and borrowing company did not challenge the auction process. These circumstances provided no basis to set aside the auction.

2021 (1) TMI 1369
Case Laws Central Excise
Sabka Vishwas declaration results in withdrawal of a central excise appeal on the applicant's request.
Filing a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, formed the basis for withdrawing a central excise appeal. The applicant requested dismissal of the appeal as withdrawn after making the declaration. The withdrawal application was allowed, and the appeal was dismissed as withdrawn, bringing the appellate proceedings to an end without determination of the underlying central excise dispute.

Circular No. PUBLIC NOTICE NO. 53/2026 (PORT) Dated:- 8-10-2026 Trade Notice Dated:- 8-10-2026 Trade...
Accepted CSNs cannot be directly edited and permissible changes must use SCA; VCN and Rotation Number cannot be altered through SCA. If a SAM is filed, changes affecting SAM particulars require corresponding SAA action. After Sea Entry Inwards, CSN and related SAM amendments require jurisdictional Customs officer approval before system reflection. Structural changes involving Straight or Consolidated Bills of Lading, Consolidator PAN, or reference identifiers require deletion of the existing Bill of Lading line and re-addition through SAA.

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