Advanced Search Options : ❯
Timely revised returns may correct the classification of an already disclosed F&O loss from speculative to non-speculative business loss, with consequential recomputation of its set-off and carry-forward. Such correction does not introduce a fresh or undisclosed loss merely because it changes the loss's character and tax treatment. A revised return filed within the prescribed period must be considered, while the legal sustainability of the reclassification and the treatment of F&O transactions remain subject to independent examination. The stated approach distinguishes revisions of disclosed losses from later claims that contradict an express option exercised in the original return.
Rule 37BA(1) allocates TDS credit to the deductee based on information furnished by the deductor. Where fixed-deposit interest is assessable in a spouse's hands through clubbing of income, Rule 37BA(2) permits transfer of the related TDS credit only if the deductee gives the prescribed declaration to the deductor and the deductor reports the deduction in the other person's name. Without that declaration, TDS continuing in the deductee's Form 26AS remains governed by Rule 37BA(1). Any discrepancy between TDS claimed and the credit reflected requires examination under section 199 and Rule 37BA.
Penalty for a charitable trust's failure to file a return under section 139(4A) should run only while voluntary filing remains legally available under section 139(4). Once the belated-return period expires, the trust has no statutory right to file a valid return voluntarily; a return filed after notice under section 148 follows an independent mechanism. Treating the default as continuing after voluntary compliance becomes impossible would require performance of an impossibility. Accordingly, penalty under section 272A(2)(e) is to be recomputed by limiting the default period to the last date for filing a belated return under section 139(4).
Confiscation of Indian currency alleged to represent sale proceeds of smuggled gold requires the department to prove every statutory condition. The burden-of-proof presumption applies only to specified or notified goods and does not shift the burden to a person holding seized Indian currency. Confiscation further requires proof of identified smuggled goods, their sale by a person with the requisite knowledge, and a direct, identifiable nexus between that sale and the seized currency; suspicion or an unsatisfactory explanation for cash is insufficient. Penalty likewise requires identified goods liable to confiscation and proof of the relevant knowing act or dealing. Remand cannot cure missing foundational facts or expand beyond show-cause notice allegations.
Customs valuation of CIF-imported fresh apples must begin with the declared transaction value, which may be rejected only on cogent evidence that it does not reflect the price actually paid or payable. The Department bears the burden of proving undisclosed additional consideration; an upstream FOB transaction, prepaid freight, Non-GMO certificates, and uncorroborated statements do not by themselves establish omitted freight, insurance, or a different CIF consideration. Disclosure of import documents and the CIF Incoterm precludes extended limitation absent deliberate collusion, wilful misstatement, or suppression intended to evade duty. Where valuation and extended limitation fail, enhancement, value-based confiscation, redemption fine, and related penalties cannot stand.
Forensic audit reports are not conclusive proof of fraud, but may support insolvency contribution liability when reliable documentary evidence substantiates their findings. Sale deeds, bank records, sub-registrar records and title-verification material supported findings that property transactions were accommodation arrangements used to raise loans. Loan proceeds substantially returned through sellers to the corporate debtor and related entities, establishing round-tripping intended to defraud creditors. Former management failed to rebut matters within its special knowledge. Ex parte determination remained valid because suspended directors received adequate opportunity to contest the proceedings and did not produce reliable contrary material. The fraudulent-transaction finding and consequential contribution direction were sustained.
Liquidation-process amendments apply prospectively unless expressly made retrospective. A liquidation order fixing the liquidation commencement date and directing the liquidator to explore sale of the corporate debtor as a going concern initiates the governing process; later auction and sale steps merely implement it. A subsequent amendment therefore cannot alter rights and obligations under the regime applicable on that date. The Tribunal set aside retrospective application of the amendment and remanded consequential reliefs and concessions for fresh consideration according to law.
Section 12A withdrawal through settlement is presented as an integral insolvency-resolution exit route, alongside resolution plans and liquidation. Where a viable settlement and repayment process exists, the resolution professional must independently and objectively consider extending CIRP, including use of the period up to the 330-day outer limit where appropriate, rather than prematurely seek liquidation. A resolution professional cannot rely on Registry advice regarding relief or privately consult an individual Committee of Creditors member instead of convening the Committee. Such non-independent decision-making renders a liquidation application under Section 33(1) legally unsustainable. The liquidation order was set aside, and CIRP was restored to explore settlement-based withdrawal.
Service of notice and opportunity of hearing were treated as adequate where the director knew of the investigation, sought time to respond, then neither replied nor updated the address despite repeated service attempts. No breach of natural justice arose from non-cooperation. Non-realisation of export proceeds triggered a statutory presumption that reasonable recovery steps had not been taken. As the director was in charge during the contravention and did not establish realisation or efforts to obtain information from the Official Liquidator, company liquidation did not remove liability. The penalty was sustained but confined to the amount already deposited, considering the elapsed period and liquidation.
Provisional attachment proceedings require service of relied-upon documents and a fair opportunity to respond. Acknowledged receipt of the notice and supporting material, particularly where no contemporaneous complaint challenges the acknowledgement, undermines a later claim of non-supply. Permitted inspection of records and sufficient time to file a reply may satisfy natural justice requirements. Subsequent requests for additional copies or further time can be treated as delaying conduct where the material has already been served and access to records was available.
GST
Dated:- 11-9-2026
PTI
Municipal employees temporarily suspended their strike after the administration committed to pay two months' pending salaries by September 15 and arrange clearance of remaining salary arrears within 30 days. The employees had sought payment of salary arrears, increased GST grants to the civic body, and release of the outstanding difference in GST grants. A committee is to pursue the pending GST grant proposals at the government level.
Corp. Laws / SEBI / IBC
Dated:- 11-9-2026
PTI
Aadhaar-linked OTP information assisted investigators in tracing an adult student missing for more than seven months. A recent Aadhaar-based transaction recorded her husband's mobile number for OTP receipt, allowing police to trace the number and locate her. The CID had assumed investigation pursuant to a High Court order on a habeas corpus petition. The student was produced before the High Court, while tracing efforts continued for her minor companion, who remained missing.
FEMA / RBI
Dated:- 11-9-2026
PTI
Monetary policy tightening is advocated to counter persistent external shocks, elevated crude oil prices, and expanding inflationary pressures. The proposed response is based on the risk that sustained high oil prices may raise consumer-price inflation and entrench inflation before a complete cost pass-through occurs. Banking-system liquidity has increased through foreign currency deposit inflows, but anticipated strong credit demand is expected to absorb the surplus and normalise liquidity by the end of the financial year.
PMLA / Black Money
Dated:- 11-9-2026
PTI
Enforcement Directorate action in the CMRL-linked matter prompted a request for registration of an FIR based on material recovered during investigation and searches under the Prevention of Money Laundering Act. BJP representatives asserted that the material warranted investigation under the Prevention of Corruption Act and alleged delay in acting on it. CPI(M) representatives disputed the investigation's neutrality, alleging coercive collection of statements and political misuse of investigative processes. The reported allegations and counter-allegations concern initiation and conduct of a criminal investigation.
Customs & Trade
Dated:- 11-9-2026
PTI
India-UK Comprehensive Economic and Trade Agreement implementation is being leveraged through a strategic partnership supporting the Great North Mayor Mission to India. The mission is intended to convert free-trade opportunities into investment, commercial engagement, employment and sustained business relationships. Northern England's regions will combine collective engagement with region-specific market strategies, relationship-building and operational programmes focused on their respective economic strengths.
FEMA / RBI
Dated:- 11-9-2026
PTI
Rupee depreciation against the US dollar continued amid global risk aversion, elevated crude oil prices, higher bond yields and weak domestic sentiment. Lower crude prices, recovery in domestic equities and suspected Reserve Bank of India intervention supported a partial intraday recovery. Foreign-exchange conditions were also influenced by dollar strength, inflation concerns, anticipated US data, domestic equity declines and net foreign institutional equity sales. India's foreign-exchange reserves rose sharply to a record level despite continuing currency-market volatility.
Retrospective validation requires curing statutory defects; faceless reassessment notices require randomized automated allocation under the prescribed scheme.
Retrospective validating legislation must cure the statutory defect or remove the legal basis of an earlier ruling; it cannot merely declare a contrary position or override judicial determinations. Section 147A is analysed as ineffective because it does not amend the continuing requirements under Section 151A and the relevant faceless assessment schemes, including randomized automated allocation. Reassessment notices under Section 148 are required to be issued through the prescribed faceless and automated process. Executive notifications or instructions granting concurrent jurisdiction cannot displace that statutory procedure, and a legally prescribed mode must be followed exclusively.
Section 147A, enacted retrospectively to exclude faceless Assessing Officers from issuing reassessment notices, was declared unconstitutional for violating separation of powers. A validating enactment may neutralise a judicial ruling only by curing the underlying defect or removing its legal basis; Section 147A neither amended the statutory faceless reassessment scheme nor addressed its requirement of randomised automated allocation. Notices under Section 148 must be issued through faceless, randomised automated allocation under the scheme framed under Section 151A. Jurisdictional Assessing Officers therefore lacked concurrent authority to issue such notices, and notices issued outside that process were set aside.
Customs & Trade
Dated:- 11-9-2026
PTI
BRICS economic cooperation is advanced through proposed removal of major trade barriers, expanded cross-border investment and business ties, and measurable annual targets for startup expansion and commercial partnerships. Secure sea lanes, open supply routes, freedom of navigation and seafarer safety are treated as necessary for global trade and supply-chain continuity. Infrastructure, strategic technologies, startup innovation and digital public infrastructure are identified as platforms for deeper cooperation, supported by incubator, MSME, startup, agriculture, health care, skills and smart-grid networks.
FEMA / RBI
Dated:- 11-9-2026
PTI
Nationwide bank employee strike action disrupted cash deposits, withdrawals, cheque clearances and administrative work, principally at public sector bank branches. The principal demand is implementation of a five-day banking week by declaring all Saturdays as holidays. This demand is linked to the 12th Bipartite Settlement but remains pending government notification. Other unresolved demands concern pension updation, a uniform dearness allowance formula for pensioners, and an option for National Pension System employees to shift to the Old Pension Scheme.