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Cancellation of charitable-trust registration under section 12AA(3) depends on whether activities are non-genuine or conducted contrary to charitable objects. Registration proceedings assess the institution's charitable character and overall conduct, while alleged irregular receipts or income application in specified years are matters for assessment proceedings. Alleged capitation fees supported only by uncorroborated material recovered from third parties do not, without evidence of institutional receipt, establish that the trust's activities as a whole are non-genuine. Continuing educational and medical services, scholarships, and free treatment remain relevant to the genuineness inquiry.
Cash is movable property capable of being held benami. Where a beneficial owner supplies demonetised cash to a third party, who deposits it in that person's bank account and retransfers the funds through banking channels, the third party lends their name and holds the resulting bank balance for the provider's benefit. The cash constitutes consideration for the bank balance, and the retransfer evidences beneficial ownership; the duration of holding is immaterial. The transaction was treated as benami, with attachment limited to the remaining balance and the amount held in an interest-free bond, subject to tracing unavailable funds.
Rectification of a mistake apparent from the record is confined to patent, self-evident errors and cannot reopen the merits or adopt another possible view. Challenges to the effect of show cause notices, adjudication findings, penal provisions and statutory consequences required reconsideration of the concluded penalty finding for facilitative conduct. As no accidental omission or apparent error was shown, the rectification applications were rejected and the penalty order remained unchanged.
Electronic evidence recovered from mobile phones, including spreadsheets, WhatsApp material and ledger data, could not establish customs undervaluation where it was selectively used, lacked forensic verification and corroboration, and relied on retracted statements without examination. Declared transaction values could not be rejected or residual valuation applied without assessing unrebutted contemporaneous import data and evidence specific to each import; extrapolation was insufficient. Consequently, undervaluation demands and related liabilities failed. Preferential tariff concessions were unavailable for identified consignments supported by certificates of origin not authenticated by the issuing authority, so customs duty and interest r.....
Written acceptance of an enhanced customs assessable value does not waive an importer's statutory right to challenge reassessment; it may only dispense with the proper officer's obligation to issue a speaking order. Rule 12(2) requires the proper officer to form and communicate written grounds for reasonable doubt before rejecting the declared transaction value. Acceptance letters lacking particulars of alleged contemporaneous imports do not meet that requirement. NIDB data alone, without independent and cogent supporting material, cannot sustain rejection of declared value or enhancement. The enhanced values and appellate orders were unsustainable, and the appeals succeeded with consequential relief.
Furnace re-lining refractory materials qualify as capital goods under the zero-duty EPCG Scheme when used as accessories indirectly required for manufacture. The specific inclusion of refractories for initial furnace lining in the inclusive definition does not restrict the broader substantive definition covering such accessories. Refractories imported for furnace re-lining and maintenance are therefore eligible for zero-duty import benefits. Differential duty, interest, penalty, confiscation and redemption fine imposed on that basis were set aside, with consequential relief.
Multifunctional car radio units designed exclusively for motor vehicles, externally powered and combining radio reception with sound reproduction, fall under Customs Tariff Item 8527 21 00 even where they include touchscreen, Bluetooth, Wi-Fi, USB, camera input, audio/video playback and phone-mirroring features. Those additional features are supplementary and do not convert the units into telecommunications equipment, navigation apparatus, monitors or standalone players; absence of built-in speakers does not negate sound-reproducing capability. Semi-knocked-down imports comprising configured screen panels, PCBAs and cable sets presented together likewise take the complete-unit classification under GRI 2(a) if they retain essential character and require only limited assembly and testing. Importation remains subject to applicable BIS certification and Customs verification.
News and Press Release
Dated:- 13-10-2026
Bilateral investment and financial cooperation between India and Singapore focused on mobilising long-term institutional capital, expanding financial connectivity, and increasing investment in infrastructure and strategic sectors. Investment discussions covered AI-related infrastructure, semiconductors, renewable energy, manufacturing, MSMEs, trade finance, healthcare and food supply chains. Financial-technology dialogue addressed asset tokenisation, digital money, CBDCs, interoperability and trusted settlement arrangements, alongside possible cooperation on their use in financial markets.
Interest on deposits with co-operative banks remains deductible when both entities are co-operative societies under income tax rules.
Interest earned by a co-operative society on term deposits with a State co-operative bank qualifies for deduction under Section 80P(2)(d) where both the claimant and the interest payer are co-operative societies under the Income-tax Act. The exclusion for co-operative banks under Section 80P(4) applies only where the claimant itself is a co-operative bank; it does not deny the deduction merely because the payer is a co-operative bank that remains a registered co-operative society. Consistent application of the established coordinate-bench approach supports the deduction.
Notification No. S.O. 3340(E) Dated:- 26-7-2023 Information Technology
Protected-system status applies to Bank of India computer resources supporting core banking and payment infrastructure, including associated dependencies, as Critical Information Infrastructure under the Information Technology Act, 2000. Access is restricted to designated employees, authorised managed service provider and vendor personnel with need-based access, and consultants, regulators, government officials, auditors and stakeholders authorised in writing on a case-by-case basis.
Crestone disk-storage enclosures without a central processing unit and dependent on a host system are classified as storage units under tariff item 8471 70 90. Server models incorporating a central processing unit and system memory are automatic data processing machines; where their processing and storage units are housed together but not with input and output units, they fall under tariff item 8471 50 00. Imported inputs used to manufacture these Heading 8471 storage servers qualify for the Serial No. 39 end-use exemption from Basic Customs Duty, provided excluded goods are not involved and actual-use and prescribed end-use procedures are satisfied. Integrated tax and other duties, taxes and cesses remain payable.
Advance-ruling applications may cover ongoing import activities after removal of the requirement that the activity be merely proposed, provided the question is neither pending nor settled by a competent forum; rulings operate prospectively. Battery-specific die-cut insulating tape, imported in pre-cut profiles for direct incorporation into lithium-ion battery packs, is classified as other parts of electric accumulators under CTI 8507 90 90. Continuous self-adhesive plastic tape in rolls remains classified at import as plastic adhesive tape under CTI 3919 10 00, notwithstanding post-import cutting. Both products may receive concessional basic customs duty for battery-pack manufacture, subject to specified end use, prescribed conditions, and compliance with the IGCR Rules, 2022.
Separate legal personality of a company prevents its debts from being imposed on directors merely because they hold office. Liability for unpaid company deposits requires a personal guarantee, an independent contractual undertaking, or a statutory basis. Deposit receipts evidencing transactions with the company do not, without more, establish a director's personal repayment obligation. Joint and several liability imposed on the chairman and director was therefore removed, while the decree against the remaining defendants continued.
Recall jurisdiction cannot be used to reopen a concluded order on its merits merely by alleging fraud in a notarised affidavit. Rules governing affidavit attestation, form and evidentiary acceptability distinguish rectifiable defects from deception that materially affects a decision; where the affidavit's contents are not denied, an attestation defect alone does not establish fraud. Third-party impleadment in a disciplinary appeal requires a direct legal right affected by the relief sought. A non-party cannot seek limited impleadment only in a stay application while remaining outside the main appeal, consistent with the principle of dominus litis.
Credit-rating restrictions for promoter-connected entities extend conditions concerning common chairmen, directors or employees to securities issued by a promoter's borrowers and subsidiaries, not only associates. Regulation 27(1) was ambiguous on the scope of those conditions and required harmonious construction with the related conflict-of-interest regime in Regulation 28V. Contemporaneous regulatory material and legislative-committee material supported that interpretation. The penalty order was consequently set aside and the appeal allowed.
Proceeds of crime under the PMLA include property derived or obtained, directly or indirectly, from criminal activity relating to a scheduled offence, including its value. Registration of FIRs and charge-sheets alone does not establish that every asset of an accused person or company has that character. Bank-account analysis and PMLA statements tracing project escrow funds towards a property can establish a prima facie nexus. Intermingling of project funds with other money requires examination of the complete money trail; independent income, financial-statement disclosure, or tax-department awareness does not by itself break the connection. Such tracing supports confirmation of attachment.
Statutory appellate remedies against tax adjudication orders were permitted despite limitation objections being waived, subject to compliance with the mandatory pre-deposit requirement. Amounts previously deposited towards the disputed tax demand were to be adjusted against the pre-deposit. Upon satisfying that requirement, the statutory stay applied to the remaining disputed demand. Appeals filed within the specified two-week period were to be entertained and decided on merits without a limitation objection.
2026 (8) TMI 1284 - RAJASTHAN HIGH COURT HC
GST-evasion bail adjudication requires a case-specific assessment of custodial necessity rather than an automatic consequence of the alleged tax magnitude, Magistrate-triability, or a maximum five-year sentence. Section 132 classification depends on the precise offence clause and punishment bracket, not merely on the alleged quantum of evasion. Relevant considerations include the stage of investigation, cooperation with summons, security of evidence, individual role, risks of absconding or interference, proportionality, and personal liberty under Article 21.
Cross-segment price manipulation may arise where futures orders are allegedly used to move prices or create artificial order-book signals so that larger, economically opposite options positions obtain favourable execution. Section 12A of the SEBI Act and Regulations 3 and 4 of the PFUTP Regulations prohibit manipulative or deceptive devices, false appearances of trading and price manipulation; liability depends on the integrated sequence of orders, price impact, options execution, cancellations, exposure and persistence, rather than opposite positions or LTP contribution alone. Section 27 attributes company contraventions to directors responsible for business conduct, subject to knowledge and due-diligence defences, and separately covers co.....
2026 (8) TMI 1011 - CESTAT ALLAHABAD AT
Preferential customs-duty treatment requires compliance with applicable rules of origin and reliable proof that imported goods qualify as originating. A country-of-origin certificate is important evidence but does not remove the importer's duty to possess supporting origin information and exercise reasonable care. Challenges to preferential treatment must be certificate-specific and consignment-specific: an adverse finding concerning identified certificates cannot, without direct evidence, invalidate separate certificates. Customs verification should identify the particular proof of origin, alleged defect and material linking it to the import, while fraud, suppression or misrepresentation independently established may support substantive action.