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Export Obligation Discharge Certificate issuance after submission of required particulars establishes fulfilment of EPCG authorisation conditions, including the export obligation and actual-user requirement for concessional-duty car imports. Where non-production of the certificate in earlier proceedings was beyond the importer's control, its subsequent grant removes the legal basis for alleging non-compliance. Consequently, customs duty demand, confiscation of the imported car, redemption fine and penalties for the alleged breach of EPCG conditions cannot be sustained.

Statutory presumption for notified gold arises only when seizure rests on reasonable belief, supported by objective material, that the particular gold was smuggled. Purity, lack of documents at interception and private carriage do not establish foreign origin. Domestic acquisition may be established through contemporaneous invoices, supplier confirmation and banking records; confiscation for breach of an import exemption condition requires identification of that breached condition. Statements recorded under customs powers remain admissible, but retracted statements require scrutiny of voluntariness, reliability and independent corroboration. Where such statements and a panchanama are challenged, denial of cross-examination of their makers m.....

Annulment of a securities trade ends the transaction and makes subsequent physical delivery of the shares purposeless where the shares have been returned to the selling member. The purchaser is entitled to recover the purchase consideration with interest from the Exchange, rather than pursue trading-loss damages. The selling member is not a necessary party because the settlement mechanism creates no direct buyer-seller contract requiring relief against that member after annulment; arbitration and closing-out remedies are therefore inapplicable. An indemnity limited to dispute-resolution references does not grant the Exchange general immunity, and Clearing House non-liability provisions concerning title or validity of securities do not bar refund liability arising from annulment.

Corporate capacity under the memorandum of association did not extend to investment of preferential-issue proceeds in virtual digital assets merely because the activity had been added to the ancillary objects clause. Schedule I distinguishes a company's stated objects from matters necessary for furtherance of those objects; the first amendment addressed only the latter, while a later amendment added virtual digital asset business to the main objects clause. Until that main-objects amendment, fund raising and investment for that business were ultra vires. The listing application therefore could not be considered on the first amendment alone, and its return was upheld.

Property of equivalent value may be provisionally attached under the anti-money-laundering framework when directly or indirectly derived proceeds of crime are unavailable, siphoned off or have vanished. Such attachment is not restricted to assets acquired after the scheduled offence, and a disclosed legitimate source of acquisition does not prevent attachment where the asset is targeted as equivalent value rather than as proceeds of crime. For jointly owned property, attachment must remain limited to the value of proceeds attributed to the accused and cannot extend to a co-owner's independent share. The provisional attachment was sustained on that limited equivalent-value basis, and the appeal was dismissed.

Exemption for vanaspati in unit containers is excluded only when the specified goods themselves bear a brand name and are put up for retail sale. A brand name appearing solely on sale invoices is not use of that name upon the goods or their containers; therefore, the exclusion under Notification No. 6/2003-CE does not apply where the revenue cannot prove branding of the cleared goods. Earlier manufacture of branded goods creates suspicion but does not establish branding of later clearances. Duty, interest and penalty cannot be sustained on invoice references alone. Penalty also requires material showing fraud, collusion, wilful misstatement, or suppression of facts with intent to evade duty.

Interest for delayed tax payment under Section 30(2) arises only where tax remains unpaid by the due date fixed under the Act or rules. For a taxpayer entitled to file six-monthly MVAT returns based on the preceding year's undisputed tax liability, that return periodicity determines the payment due date. Turnover, perceived legislative intent, unjust enrichment, or alleged colourable tax planning cannot alter that statutory position. An interest levy imposed contrary to this framework lacks statutory authority. Where no statutory appeal lies against an interest demand, writ jurisdiction remains available; the separate credit-note mismatch challenge was not pursued.

Residential status must be determined independently for each tax year. A 122-day stay in India does not satisfy the 182-day test, but the 120-day threshold may apply to an Indian citizen visiting India whose income other than foreign-source income exceeds Rs. 15 lakh and who meets the preceding four-year stay requirement. Salary for duties performed in Dubai is generally outside Indian taxation for a Resident but Not Ordinarily Resident or non-resident if first received outside India and not otherwise deemed to accrue in India.

FEMA / RBI
Dated:- 14-9-2026
PTI
The inflation-targeting framework requires Consumer Price Index-based inflation to be maintained at 4 per cent, subject to a margin of 2 per cent on either side. The Monetary Policy Committee takes retail inflation into account when determining the policy repo rate. Wholesale price inflation rose with higher food, manufactured-item, fuel and power inflation, while elevated energy, food and input costs may transmit producer-level pressures to retail prices.

PMLA / Black Money
Dated:- 14-9-2026
PTI
Alleged irregularities in the 2016 recruitment examination for Gram Panchayat Vikas Adhikari posts in Uttarakhand are under money-laundering investigation under the Prevention of Money Laundering Act. The case arises from four police and vigilance FIRs concerning the examination conducted by the state service selection commission. Enforcement action included a search of the premises of a personal assistant to a former Chief Minister and seizure of cash and valuables.

Income Tax
Dated:- 14-9-2026
PTI
Territorial jurisdiction in challenges to regulatory show-cause notices requires a substantial and material connection between the dispute and the forum. A company's registered office, payment arrangements, campaign management, or engagement of brand ambassadors do not confer jurisdiction when they have no direct bearing on the validity of notices issued elsewhere. Incidental or background facts cannot be presented as a cause of action. Forum conveniens favours the forum most closely connected with the regulator, the notice recipients, the alleged activity and the asserted statutory violations.

FEMA / RBI
Dated:- 14-9-2026
PTI
Postal network-based public-service delivery is being expanded beyond traditional mail carriage to support government programmes, citizen outreach and last-mile access. Doorstep banking, India Post Payments Bank, Aadhaar-related facilities, PAN services, Passport Seva services, digital pension services and Digital Life Certificates are intended to bring financial and essential services closer to citizens, including villages and households. Employee organisations' service, recognition, representation and pension-related concerns are subject to examination through the appropriate administrative process under applicable rules and legal and financial considerations.

FEMA / RBI
Dated:- 14-9-2026
PTI
Consumer Price Index-based retail inflation rose to 4.82 per cent in August, exceeding the Reserve Bank's median target and reflecting higher food prices. Wholesale price inflation also increased, led by higher food, manufactured-item, and fuel-and-power inflation. The inflation-targeting framework requires the Reserve Bank to maintain Consumer Price Index-based inflation at 4 per cent, subject to a tolerance margin of 2 percentage points on either side. Consumer price inflation is a material consideration for monetary policy rate decisions.

2026 (1) TMI 1682
Case Laws Central Excise
Taxability and excisability disputes from Tribunal orders fall exclusively within Supreme Court appellate jurisdiction under Section 35L(2).
Section 35L(2) treats the determination of taxability or excisability for assessment purposes as a question relating to the rate of duty. The Finance (No. 2) Act, 2014 amendment is characterised as clarificatory and retrospective. Consequently, appeals from Tribunal orders involving taxability or excisability fall within the Supreme Court's exclusive appellate jurisdiction, rather than the High Court's jurisdiction.

2025 (6) TMI 2166
Case Laws IBC
Mandatory Form B service and timely guarantee invocation govern maintainability of personal-guarantor insolvency applications under the IBC framework.
Personal-guarantor insolvency applications require timely invocation of the guarantee and mandatory pre-filing service of Form B. A postal receipt alone, without tracking records or other evidence of delivery, does not establish service of a demand notice. Where initiation occurs more than three years after the purported invocation notice, the application is barred by limitation. Service of Form B before filing is mandatory; without proof of service and valid invocation, the personal guarantor does not meet the conditions for maintaining insolvency proceedings. These requirements govern maintainability under the personal-guarantor insolvency framework.

2024 (9) TMI 1969
Case Laws Income Tax
Co-operative bank deposit interest remains deductible when the recipient society invests with another registered co-operative society.
Interest earned by a co-operative society on deposits with a co-operative bank qualifies for deduction under Section 80P(2)(d) where the bank remains registered as a co-operative society under applicable law. Section 80P(2)(d) covers interest or dividend derived from investments with another co-operative society. Although Section 80P(4) prevents a co-operative bank from claiming deduction in its own capacity, it does not prevent a depositor co-operative society from claiming deduction on interest received from that bank. Consistent coordinate-bench decisions on materially identical facts support this treatment.

2024 (9) TMI 1970
Case Laws Income Tax
Documented share sales cannot be treated as unexplained money without evidence linking the taxpayer to manipulation or unaccounted funds.
Documentary evidence establishing the acquisition, holding and sale of shares through banking channels, demat records, allotment documents, contract notes, recognised stock exchanges and registered brokers supports the genuineness of long-term capital gains. Sale proceeds cannot be treated as unexplained money merely because of abnormal scrip-price movements or general investigation material where no independent enquiry disproves the transactions, establishes unaccounted-money movement, or links the taxpayer to price manipulation. Consistent treatment in comparable matters further supports acceptance of adequately evidenced transactions. The addition of share-sale proceeds as unexplained money was unsustainable and was deleted.

2025 (4) TMI 2047
Case Laws Income Tax
Co-operative bank deposit interest qualifies for deduction when the bank is treated as a co-operative society.
Section 80P(2)(d) permits a co-operative credit society to deduct interest or dividend income derived from investments with another co-operative society. Interest earned on deposits with co-operative banks falls within this deduction because co-operative banks are recognised as co-operative societies for that purpose under binding jurisdictional precedent. Accordingly, such interest income qualifies for deduction under Section 80P(2)(d).

2025 (4) TMI 2048
Case Laws Income Tax
Defective penalty notice invalidates concealment penalty when it specifies inaccurate particulars but imposes penalty on both charges.
Section 271(1)(c) treats concealment of income and furnishing inaccurate particulars as distinct penalty charges. A notice under Section 274 must clearly specify the precise charge against the taxpayer. Where the notice alleges only furnishing inaccurate particulars but the penalty order proceeds on both furnishing inaccurate particulars and concealment of income, the notice is defective. The resulting penalty under Section 271(1)(c) is unsustainable because the taxpayer was not properly informed of the charge to be answered.

2025 (4) TMI 2049
Case Laws Income Tax
Cash payments to State-owned electricity boards avoid disallowance, while asset depreciation and interest claims require fresh evidence-based review.
Cash electricity payments to a wholly State-owned electricity board may be treated as payments to a government concern for Section 40A(3), removing the related disallowance. Depreciation on a multiplex and mall, together with interest on construction loans, requires fresh consideration where completion, occupancy and readiness-for-use evidence has not been addressed. The asset-related claims require de novo appellate determination after considering the additional evidence and affording a hearing, consistently with treatment of the issue in a subsequent year.

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