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2024 (10) TMI 1843
Case Laws Customs
Documentary proof of gold purchase must be examined before confiscation or penalties for alleged smuggling can stand.
Documentary evidence supporting the stated lawful purchase of seized gold must be verified and analysed before determining whether it is of foreign origin or smuggled. Acknowledgement of invoices without specific findings on their evidentiary value does not address the defence concerning the gold's source. Failure to examine material purchase evidence renders absolute confiscation and the related penalty determination unsustainable; no conclusion on the merits of the alleged smuggling follows without that assessment.

2026 (5) TMI 1864
Case Laws Income Tax
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Admission of additional evidence in appellate proceedings - Natural justice in appellate adjudication Refusal to admit additional evidence supporting the source of investment in jointly purchased residential property merely because Rule 46A had not been specifically invoked, coupled with failure to decide the appeal on merits - HELD THAT: - The appellate authority rejected the additional evidence on a procedural ground and did not adjudicate the grounds on merits, which was contrary to natura... ... ...

2025 (12) TMI 1911
Case Laws GST
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Regular bail in GST prosecution - Grant of regular bail to an accused prosecuted for alleged wrongful availment of input tax credit under the CGST Act HELD THAT: - The alleged offences were neither punishable with death nor with imprisonment for life and were exclusively triable by the Magistrate. As the petitioner was not required for further investigation and the complainant was a public servant, the apprehension of witness intimidation or tampering with evidence did not arise. Consideri... ... ...

FEMA / RBI
Dated:- 22-9-2026
PTI
New Delhi, Sep 22 (PTI) United Forum of Bank Unions (UFBU) has said they would go ahead with the three-day nationwide strike beginning September 28, as a conciliation meeting before the Deputy Chief Labour Commissioner on Tuesday remained inconclusive. The conciliation meeting was held a day after the Finance Ministry appealed to bank employees to refrain from resorting to strikes and resolve their remaining demands through dialogue. UFBU, which claims to represent 90 per cent of the ban... ... ...

PMLA / Black Money
Dated:- 22-9-2026
PTI
Maintainability of PMLA proceedings is contested where the alleged scheduled offence originates in a private complaint rather than an FIR. Respondents contend that a private complaint cannot form the basis for an Enforcement Case Information Report, money-laundering investigation, or prosecution, because the statutory framework recognises predicate-offence action through an FIR or a complaint by a person authorised to investigate.

Corp. Laws / SEBI / IBC
Dated:- 22-9-2026
PTI
Securities-market settlement proceedings concerning five Adani group companies addressed alleged non-compliance with listing-related disclosure and audit-report requirements. Allegations included failure to disclose certain related-party transactions and audit or limited-review reports signed by firms lacking a valid peer review certificate. While adjudication remained pending, the companies proposed settlement without admitting or denying the findings of fact or conclusions of law.

PMLA / Black Money
Dated:- 22-9-2026
PTI
Use of court-related affidavits in pending money-laundering proceedings must remain within the judicial process. The Bombay High Court cautioned Vijay Mallya against publishing on social media an Enforcement Directorate affidavit served on his legal team before its submission to the court, stating that parties should place their submissions before the court and that such publication undermines the efficacy of judicial proceedings.

The Central Government de-notifies 10.23 hectares from the IT/ITES Special Economic Zone at Kattigenahalli and Venkatala villages after statutory and related requirements were fulfilled. The removed land comprises specified survey numbers in Kattigenahalli village. The SEZ's notified area is consequently reduced from 12.14 hectares to 1.91 hectares, limiting its notified territorial extent accordingly.

Interim moratorium under the Insolvency and Bankruptcy Code no longer applies to personal guarantors of corporate debtors from 26 May 2026, including where insolvency applications were already pending before the Adjudicating Authority. The amendments inserting sub-sections (4) to sections 96 and 124 apply to pending applications: the phrase "is filed" includes applications filed before the effective date that remained under adjudication. Consequently, the moratorium previously protecting such guarantors ceased, and proceedings otherwise barred by section 96 may continue.

Recovery proceedings for fraudulently obtained duty-credit instruments under Section 28AAA must follow the nature of the alleged fraud. Where allegations concern misdeclaration in a shipping bill, Customs must investigate, adjudicate and, where warranted, amend the shipping bill before referring the matter for cancellation of the instrument. Policy interpretation, eligibility and entitlement issues must first be determined by the issuing trade authority, whose view governs Customs proceedings. Where cancellation is legally or technically unavailable, including because of a court order, adjudication must proceed on merits. In other cases where cancellation action has begun, adjudication must await cancellation of the instrument.

Corp. Laws / SEBI / IBC
Dated:- 22-9-2026
PTI
SEBI settled adjudication proceedings against five listed companies concerning alleged related-party transaction disclosure failures, corporate-governance compliance, and audit or limited-review reports signed without valid peer review certification. The companies sought settlement without admitting or denying the findings of fact or conclusions of law after a show-cause notice proposed inquiry and penalties. The settlement terms were recommended by the High Powered Advisory Committee, accepted by the Panel of Whole Time Members, and implemented upon receipt of the prescribed settlement amounts.

2026 (7) TMI 1153 - ITAT DELHI AT
Article 8 of the India-UK DTAA confines protection to profits derived from treaty-defined international aircraft operations and qualifying participation in air-transport pools. Engineering and ground-handling services supplied to other airlines are independently organised commercial services where they lack a direct nexus to the enterprise's own international transportation. A qualifying pool requires substantive evidence of its legal and commercial structure, including reciprocal arrangements and settlement mechanisms; industry arrangements or aviation-sector relevance alone are insufficient.

Repeal and Savings
Act Rules Indian Laws
Regulation 14 of the International Financial Services Centres Authority (Payment and Settlement Syst...
The Reserve Bank of India's Payment and Settlement Systems Regulations, 2008 cease to apply in an International Financial Service Centre from commencement. Earlier actions, including guidelines, circulars and directions, are preserved and deemed taken under corresponding provisions. Applicable existing instructions are deemed issued under the current framework until superseded or modified by the Authority.

Regulation 13 of the International Financial Services Centres Authority (Payment and Settlement Syst...
Regulation 13 confers implementation and clarification powers to prescribe norms, procedures, processes and additional requirements through circulars, guidelines or directions. Directions may also be issued through guidance notes or circulars to remove difficulties in interpreting or applying regulatory provisions. These mechanisms permit administrative specification of operational requirements and interpretive guidance.

Regulation 12 of the International Financial Services Centres Authority (Payment and Settlement Syst...
Relaxation of strict enforcement of payment and settlement system requirements may be granted in the interest of financial market development, with written reasons. Applicants must identify the requested relaxation and grounds, pay the prescribed non-refundable fee, and provide a complete application, including clarification responses. The application must be processed within sixty days of receipt, with recorded reasons for acceptance or refusal.

Regulation 11 of the International Financial Services Centres Authority (Payment and Settlement Syst...
System Providers must submit an audited annual balance sheet, profit and loss account, and Auditor's report within three months after annual accounts close. The filing period may be extended, on application, by up to a further three months. The same financial statements and Auditor's report submitted to the Authority must be published on the System Provider's website.

Regulation 10 of the International Financial Services Centres Authority (Payment and Settlement Syst...
Every System Provider is subject to a continuing regulatory reporting obligation to furnish returns, documents and other information required by the Authority. The obligation applies whenever the Authority requires such material and extends to each category of returns, documents or information requested. Submissions must be made in the form specified by the Authority, ensuring compliance with its prescribed reporting and information requirements.

Regulation 9 of the International Financial Services Centres Authority (Payment and Settlement Syste...
System participants must comply with regulations, guidelines, instructions and directions issued by the Authority concerning payment-instruction formats and other matters within specified statutory categories. The Authority's issued requirements govern applicable payment-system standards and obligations for every system participant.

Regulation 8 of the International Financial Services Centres Authority (Payment and Settlement Syste...
System Providers must maintain ongoing compliance, to the extent applicable, with the Principles for Financial Market Infrastructures issued by CPMI and IOSCO, along with further norms specified from time to time under the International Financial Services Centres Authority (Payment and Settlement Systems) Regulations, 2024. The requirement creates a continuing standards-based compliance framework for payment and settlement system providers.

Exemption from Authorisation
Act Rules Indian Laws
Regulation 7 of the International Financial Services Centres Authority (Payment and Settlement Syste...
Applications for exemption from authorisation must state the rationale supporting the request. After considering the application and other available information, the Authority may accept the request with or without conditions, or reject it. The decision must be communicated to the applicant within ninety days from the application date.

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