Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    NewsBill
    Surcharge on income-tax
    NewsBill
    Marginal Relief
    NewsBill
    Education Cess
    NewsBill
    Rates for deduction of income-tax at source during the financial year (FY) 2026-27 from certain inco...
    NewsBill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    NewsBill
    Co-operative Societies
    NewsBill
    Firms
    NewsBill
    Local authorities
    NewsBill
    Companies
    NewsBill
    Rationalising the due date to credit employee contribution by the employer to claim such contributio...
    NewsBill
    Exemption on interest income under the Motor Vehicles Act, 1988.
    NewsBill
    No tax to be deducted at source in respect of interest on compensation amount awarded by Motor Accid...
    NewsBill
    Enabling electronic verification and issuance of certificate for deduction of income-tax at lower ra...
    NewsBill
    Relaxation from requirement to obtain tax deduction and collection account number (TAN) by a residen...
    NewsBill
    Enabling filing of declaration for no deduction to a depository
    NewsBill
    Application of TDS on supply of manpower
    NewsBill
    Allowing deduction to non-life insurance business when TDS, not deducted earlier is paid later
    NewsBill
    Exemption of income on compulsory acquisition of any land under the RFCTLARR Act.
    NewsBill
    Exemption for Disability Pension to armed force personnel
    NewsBill
    Rationalising due dates for filing of return of Income.
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    NewsBill
    Show AI Summary
    Surcharge on income-tax stays unchanged; specified fund income exempt and special-assessment persons face a 25% surcharge cap.
    Surcharge rates remain unchanged from the prior assessment year. Surcharge does not apply to income-tax computed on income of a specified fund as noted in the tax schedule. For persons assessed under the special assessment procedure, the higher surcharge tier on income above the high-income threshold (excluding dividend income and capital gains) is not applied and the surcharge is restricted to 25%.
    NewsBill
    Show AI Summary
    Union Budget 2026-27: marginal relief applies where surcharge is imposed for affected taxpayers to mitigate additional tax burden.
    The Finance Bill for the Union Budget 2026-27 provides marginal relief in all cases where a surcharge is proposed to be imposed, as a mitigation mechanism to prevent disproportionate increases in tax liability when surcharge thresholds are crossed and to preserve intended tax progression.
    NewsBill
    Show AI Summary
    Health and Education Cess to be levied at 4% on income-tax inclusive of surcharge; no marginal relief.
    Health and Education Cess is imposed at 4% on the amount of income-tax so computed, inclusive of any applicable surcharge, and no marginal relief is available; the cess is levied uniformly on the surcharge-inclusive tax liability.
    NewsBill
    Show AI Summary
    Rates for tax deduction at source for FY 2026-27 remain unchanged; 4% health and education cess applies to nonresidents.
    Rates for deduction of income-tax at source from incomes other than salaries are specified in Part II of the First Schedule to the Finance Bill and are to be applied under the relevant sections of the Act. The rates and the Union surcharge remain the same as in the prior year, and a Health and Education Cess of 4% on income-tax including surcharge continues to apply to nonresidents and foreign companies.
    NewsBill
    Show AI Summary
    Union Budget 2026 27 sets new income tax and advance tax rates for individuals, senior citizen thresholds, and graduated surcharge bands.
    Part III of the First Schedule sets FY 2026 27 tax deduction and advance tax rates: Section 202 rates use a seven bracket scale to 30% (above Rs. 24,00,000) with an option to adopt Part III rates. Paragraph A offers a four slab regime for individuals and similar entities with adjusted thresholds for senior citizens; capital gains under specified sections are included. Surcharge bands of 10%, 15%, 25% and 37% apply by income band, subject to caps and special restrictions for dividend/capital gains, associations of companies and persons taxed under section 202. Marginal relief is provided.
    NewsBill
    Show AI Summary
    Co-operative societies: existing tax rates unchanged; 7% and 12% surcharges apply with marginal relief; 22% option available.
    In respect of co-operative societies, income-tax rates remain unchanged from FY 2025-26. A 7% surcharge on income-tax applies where total income exceeds one crore but does not exceed ten crore rupees, and a 12% surcharge applies where total income exceeds ten crore rupees; marginal relief is provided. A resident co-operative society that satisfies certain conditions may opt to pay tax at 22% under the Act, with a 10% surcharge on such tax.
    NewsBill
    Show AI Summary
    Firms: tax rate unchanged; 12% surcharge applies above one crore rupees with a cap on excess liability.
    For FY 2026-27, firms are taxed at the Paragraph C rate in Part III of the First Schedule (unchanged from FY 2025-26) and face a 12% surcharge where total income exceeds one crore rupees; however, the aggregate tax plus surcharge on income above one crore is capped so it does not exceed the tax on one crore by more than the excess income amount.
    NewsBill
    Show AI Summary
    Local authorities face a 12% surcharge on income-tax for total income exceeding one crore, subject to a cap.
    The rate of income-tax for every local authority is specified in Paragraph D of Part III and remains unchanged; a surcharge at the rate of 12% applies where total income exceeds one crore rupees, and the combined tax and surcharge on income above one crore is capped so it does not exceed the tax on one crore rupees by more than the excess amount.
    NewsBill
    Show AI Summary
    Corporate tax rates updated for FY 2026-27, including surcharge tiers and health and education cess.
    Union Budget 2026-27 sets company income-tax rates and related surcharge and cess treatment for FY 2026-27: domestic companies pay 25% if turnover/gross receipts for tax year 2024-25 are four hundred crore and under the section 199 regime, otherwise 30%, with an option to opt for 22% under section 200 (10% surcharge on that tax). Non domestic companies are taxed at 35% on ordinary income. Surcharge tiers and marginal relief rules remain, and a 4% Health and Education Cess applies on tax inclusive of surcharge without marginal relief for the cess.
    NewsBill
    Show AI Summary
    Employer deduction for employee contributions will be tied to the return filing due date under section 263(1).
    The Finance Bill, 2026 amends section 29(1)(e) to provide that the due date for claiming a deduction for employee contributions credited by the employer shall be the due date of filing of return of income under section 263(1); the amendment takes effect from 1 April 2026 and applies to tax year 2026-27 and subsequent years.
    NewsBill
    Show AI Summary
    Interest income under Motor Vehicles Act now exempt for individuals and legal heirs from FY 2026-27 onward.
    Interest payable as part of compensation under the Motor Vehicles Act, 1988 to an individual or the legal heir for death, permanent disability, or bodily injury is proposed to be exempt by addition to the Income-tax Act Schedule; the amendment is effective from 1 April 2026 and applies to the tax year commencing then and subsequent years.
    NewsBill
    Show AI Summary
    Interest on compensation from Motor Accidents Claims Tribunal: no tax deducted at source for individuals, effective April 2026.
    The Finance Bill, 2026 proposes that no tax shall be deducted at source on interest paid on compensation awarded by the Motor Accidents Claims Tribunal to an individual, removing the prior conditional threshold and providing relief to accident victims. The amendment is effective from 1 April 2026 (Clause 72).
    NewsBill
    Show AI Summary
    Electronic TDS/TCS certificates: payees may file for lower or nil deduction; authority may issue or reject applications.
    Permits payees to file applications electronically for certificates for deduction of income-tax at lower or nil rates before the prescribed income-tax authority, which may issue the certificate subject to prescribed conditions or reject incomplete or non compliant applications, thereby easing compliance burdens for small taxpayers under Section 395.
    NewsBill
    Show AI Summary
    TAN requirement relaxed for resident individuals and HUFs acquiring property from non-resident sellers, effective October 1, 2026.
    The Finance Bill, 2026 amends section 397(1)(c) to provide that resident individuals and Hindu undivided families are not required to obtain a tax deduction and collection account number (TAN) to deduct tax at source on any consideration for transfer of immovable property under section 393(2); the amendment takes effect from 1 October 2026.
    NewsBill
    Show AI Summary
    Investors can file declarations for no TDS with depositories for listed securities and mutual fund units.
    Permits filing of a written declaration for no deduction at source with the depository for incomes under section 393(6) (dividend, interest from securities, income from mutual fund units); depository will forward the declaration to the payor. Eligibility is limited to investors holding securities or units in the depository where securities are listed on a registered Indian stock exchange. The time for payors to furnish received declarations to the prescribed income-tax authority is changed from monthly to quarterly. Effective 1 April 2027.
    NewsBill
    Show AI Summary
    Supply of manpower: TDS to be treated as payment for work, applying contractor TDS rates.
    The Bill amends the definition of work to include supply of manpower so that payments for manpower are subject to the TDS rates applicable to payments for work (1% where payee is individual or HUF; 2% otherwise), resolving uncertainty between contractor/work TDS entries and fees for professional or technical services; the amendment is effective 1 April 2026.
    NewsBill
    Show AI Summary
    Non-life insurance businesses: amendment allows deduction when previously unpaid TDS is later deducted and paid.
    The Bill proposes inserting a new sub paragraph in paragraph 4 of Schedule XIV so that amounts added back for non compliance with TDS timing under section 35(b)(i) and (ii) will be allowed as a deduction in the tax year in which the tax was actually deducted and paid; this aligns paragraph 4 with the existing paragraph 4(2) treatment for section 37 and takes effect from 1 April 2026 for tax year 2026-27 onward.
    NewsBill
    Show AI Summary
    Compensation for compulsory land acquisition under the RFCTLARR Act exempt from income tax from April 1, 2026.
    The Income tax Schedule is amended to exempt income from awards or agreements made on account of compulsory acquisition of land under the RFCTLARR Act (excluding those specifically excepted under that Act), codifying that such compensation is not taxable under the Income tax Act and resolving prior ambiguity.
    NewsBill
    Show AI Summary
    Disability pension exemption for armed forces and paramilitary personnel limited to those invalided out due to service-related disability.
    Exemption is limited to disability pension for Armed Forces members invalided out due to bodily disability attributable to or aggravated by service, covering both service and disability elements and excluding pensions paid on retirement; the same exemption is extended to paramilitary personnel and takes effect from 1 April 2026 for tax year 2026-27 onward.
    NewsBill
    Show AI Summary
    Due dates for filing income tax returns extended for non-audit businesses, partners and certain trusts to ease compliance.
    Rationalisation of due date deadlines restructures filing timelines by class of taxpayer to provide additional time for business or professional assessees whose accounts do not require audit, partners (and specified spouses) and certain trusts. The amendment sets 30 November for one specified class, 31 October for audited entities, 31 August for non audit business cases and partners/spouses in non audit situations, and 31 July for all other assessees, while preserving 31 July for certain individual return forms; parallel explanatory amendments for trusts are enacted and the changes are given prospective effective dates in 2026.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Understanding the Bail Denial: Case Analysis of a Money Laundering Offense

      26 January, 2024

      Contents
      Acts
      Plus +
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

      Reported as:

      2023 (11) TMI 904 - Supreme Court

      This is a case discussing the appellant's appeal against the dismissal of their bail application in connection with a case involving charges under the Prevention of Corruption Act, 1988, and various sections of the Indian Penal Code (IPC). The document provides detailed analysis and conclusions on several key issues.

      1. Nature of Accusation: The document highlights the principle that when considering a bail application, the court should take into account various factors, including the nature of the accusation, the evidence collected, the severity of the alleged offenses, the character of the accused, and the public interest. The court is expected to express a prima facie opinion while dealing with economic offenses.

      2. Involvement of the Appellant: The appellant's counsel argues that the appellant was not named in the FIR or the initial complaints and was implicated solely based on statements of witnesses recorded under Section 50 of the Prevention of Money Laundering Act, 2002 (PML Act). However, the document cites legal precedents to establish that such statements are admissible and can form a substantial basis for establishing the involvement of the accused in money laundering.

      3. Date of Offense: The document clarifies that money laundering is an independent offense, and its date is determined by the involvement of the accused in criminal activities related to the proceeds of crime, not necessarily the date of the underlying criminal offense.

      4. Burden of Proof: It emphasizes that the accused has the burden to show that they are not guilty of the alleged offense and that they are unlikely to commit any offense while on bail. In this case, the appellant failed to prima facie prove their innocence.

      5. Principle of Parity: The appellant's argument that other co-accused have been granted bail is rejected. The court emphasizes that the principle of parity does not mean that if one person is granted bail, others should automatically be granted the same privilege.

      6. Speedy Trial: The document discusses the provision of Section 436A of the Code of Criminal Procedure, which allows for release on bail if the trial is likely to be delayed beyond a certain period. However, the court asserts that this provision does not automatically grant bail and is subject to the court's discretion.

      7. Economic Offenses: The document underscores the seriousness of economic offenses, which can have far-reaching consequences on the economy. It emphasizes the need for a different approach to bail in such cases and cites various legal precedents to support this stance.

      8. Conclusion: Finally, the document dismisses the appellant's appeal based on the aforementioned considerations, stating that the appeal is denied.

      The court's analysis:

      Issue 1: Involvement of the Appellant

      The first significant issue raised in the case revolves around the appellant's involvement in the alleged money laundering offense. The appellant's counsel, Mr. Luthra, argued that the appellant was not named in the initial FIR or the first three prosecution supplementary complaints. They contended that the appellant's implication was solely based on statements of witnesses recorded under Section 50 of the Prevention of Money Laundering Act, 2002 (PML Act), without substantial supporting evidence.

      However, the court rejects this argument, citing the precedent set in the case of ROHIT TANDON VERSUS THE ENFORCEMENT DIRECTORATE - 2017 (11) TMI 779 - SUPREME COURT. In this case, a three-judge bench affirmed that the statements of witnesses and accused individuals are admissible as evidence under Section 50 of the PML Act. Such statements can establish a strong case against the accused in money laundering offenses.

      Moreover, the court points out that the offense of money laundering under Section 3 of the PML Act is an independent offense, and its date is not necessarily tied to the date of the underlying predicate offense. The appellant is implicated based on their involvement in various activities connected with the proceeds of crime, including concealment, possession, acquisition, and projecting these proceeds as untainted property.

      Issue 2: Burden of Proof

      The document emphasizes that, in cases like this, the accused bears the burden of proving that they are not guilty of the alleged offense and that they are unlikely to commit any further offenses if granted bail. The court contends that the appellant has failed to meet this threshold requirement.

      It is noted that there is substantial material on record, as presented by the respondent, which strongly indicates the appellant's deep involvement in the alleged money laundering scheme. The appellant's role is inferred from financial transactions where loan funds were diverted to sister concerns of a company, in which the appellant held either shares or a directorship.

      Issue 3: Principle of Parity

      The appellant's counsel, Mr. Luthra, argued for bail on the grounds of parity, citing that other co-accused in similar situations have been granted bail. However, the court dismisses this argument, asserting that parity is not an absolute rule.

      The court underscores that when applying the principle of parity, it's essential to consider the specific role attributed to each accused. In this case, distinctions are made between the appellant and other co-accused, such as Raman Bhuraria, whose bail has also been challenged and is under consideration. The court refrains from making any observations about the bail granted to Raman Bhuraria.

      Issue 4: Speedy Trial and Economic Offenses

      Regarding concerns about a potentially lengthy trial leading to indefinite incarceration, the court references Section 436A of the Code of Criminal Procedure, 1973. It explains that this section provides for the release of accused persons if the trial is expected to be unduly delayed. However, the court clarifies that the provision does not guarantee automatic bail and is subject to the court's discretion.

      The document also highlights the gravity of economic offenses and their impact on the nation's economy. It cites various legal precedents that emphasize the need for a distinct approach to bail in such cases, due to the deep-rooted conspiracies and the potential for substantial losses to public funds. Economic offenses are regarded as posing a significant threat to the financial health of the country and require serious consideration.

      Conclusion

      In conclusion, the court rejects the appellant's appeal for bail after thorough analysis and consideration of the issues raised. The judgment emphasizes the appellant's failure to meet the burden of proof, the seriousness of economic offenses, and the necessity for a differentiated approach to bail in such cases. The appeal is dismissed.


      Full Text:

      2023 (11) TMI 904 - Supreme Court

      Topics

      ActsIncome Tax