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2025 (11) TMI 2078
Case Laws Indian Laws
Independent Sanction Review and Timely Investigation: non-speaking sanctions and unexplained prolonged investigation undermine criminal prosecution.
Arms-licensing discretion requires a police report before grant unless the statutory proviso permits action without it after the prescribed period; where no period is prescribed, the authority must allow reasonable time in the circumstances. Prosecution sanction for public servants requires visible, independent application of mind, identifying the material considered and the basis for prima facie satisfaction; generic references to case-diary material are insufficient. The right to speedy trial extends to investigation, including further investigation. Exceptional, unexplained delay requires continuing judicial oversight and recorded justification, and may support relief under applicable inherent-jurisdiction provisions. Invalid sanction and unjustified prolonged investigation make continuation of criminal proceedings untenable.

2025 (4) TMI 2187
Case Laws Income Tax
Section 68 cash-deposit additions fail where books are defect-free and demonetisation comparisons lack a sound factual basis.
Section 68 addition for cash deposits in demonetised currency was considered unsustainable where deposits aligned with the business's substantial turnover, wholesale pharmaceutical operations, geographical spread, and collection practices. The maintained cash book had been furnished and no defect was identified. Comparing deposits of old currency notes solely with the cash balance on the relevant demonetisation date was not a justifiable basis for the addition. The addition, representing only a small proportion of total cash deposits, was deleted.

2025 (4) TMI 2188
Case Laws Income Tax
Agricultural income exemption: unsupported duplicate expense claim could not justify addition as income from other sources.
Agricultural income claimed as exempt was not liable to addition as income from other sources merely on an unsupported allegation of duplicate agricultural expenditure. Where ownership of agricultural land, agricultural produce and the income source were undisputed, and the partnership firm's accounts contained neither agricultural income nor agricultural expenses, entries reflecting drawings from the partner's current capital account did not establish a duplicate claim. The addition for alleged double claiming of agricultural expenditure was deleted.

2025 (9) TMI 1881
Case Laws Income Tax
Consistency in commission income estimation requires the same accommodation-entry rate where facts remain materially unchanged across assessment years.
Commission income from accommodation-entry transactions should be estimated consistently where the admitted nature of transactions and material circumstances remain unchanged across assessment years. A 10% estimate lacks a stated basis where subsequent assessments applied a rate of Rs. 2,000 per crore on materially unchanged facts. Applying the rule of consistency supports using that accepted rate for the relevant assessment year rather than a higher percentage-based estimate.

2025 (11) TMI 2077
Case Laws Income Tax
Faceless reassessment requirements invalidate notices issued by jurisdictional officers, causing consequential reassessments and additions to fail.
Section 148 notices issued by jurisdictional Assessing Officers, rather than through the faceless reassessment regime, were treated as inconsistent with Section 151A and the applicable notification. Applying the stated jurisdictional precedent and co-ordinate bench approach, invalid initiation of reassessment also defeated the consequential reassessment and related addition. The deletion of the addition was therefore sustained.

GST
Dated:- 1-10-2026
GST revenue collection reporting for September 2026 concerns both gross and net collections. Both collection categories are identified for that monthly period, without any stated amount, component-wise breakup, computation basis, adjustment mechanism, comparison with earlier periods, taxpayer obligation, administrative process, or legal consequence. No assessment, recovery, refund, credit, or enforcement position is indicated. Their relationship, inclusions, exclusions, and treatment are not specified.

Circular No. 31/2026-27 Dated:- 30-9-2026 Public Notice Dated:- 30-9-2026 Public Notice
TRQ holders allocated quantities for raw sugar imports may surrender unutilised quantities until 15 October 2026. Surrender requires payment of an amount equal to 0.5% of the CIF value of the surrendered quantity under existing modalities. The extension alters only the surrender deadline; all other conditions governing the raw sugar TRQ allocation and surrender framework remain unchanged.

Notification No. 38/2026-27 Dated:- 30-9-2026 Foreign Trade Policy
Minimum Import Price condition on imports of Virgin Multi-layer Paper Board under Chapter 48, Schedule I, and ITC (HS) codes 48059100, 48059200, 48059300, 48109200 and 48109900 is extended until 31 March 2027. The MIP remains INR 67,220 per metric tonne on CIF value, while all other terms and conditions under the prior framework remain unchanged.

Circular No. HO/38/24/(15)2026-MIRSD-PODMMC/I/22872/2026 Dated:- 1-10-2026 Circular Dated:- 1-10-202...
Project Jagrook requires stock brokers to display investor awareness messages alongside risk disclosures. Between October 5 and October 31, 2026, website display of both is mandatory, while trading-app display of investor awareness messages is voluntary and risk disclosures are optional where such messages are displayed. From November 1, 2026, brokers must place investor awareness messages on website and trading-app landing pages and display investor awareness messages and risk disclosures on alternate days on trading apps. Stock exchanges and depositories must disseminate, display and implement these requirements.

2022 (9) TMI 1721
Case Laws Income Tax
Royalty benchmarking favours TNMM where the technology provider lacks manufacturing, sales, and unique profit-generating contributions.
Royalty paid for technical know-how used in manufacturing should be benchmarked under the Transactional Net Margin Method where the foreign associated enterprise only provides technology and does not undertake manufacturing or sales functions. The Profit Split Method requires both associated enterprises to contribute to profits from the relevant transaction and is generally unsuitable without a unique and valuable contribution by the technology provider alongside the manufacturer. On materially similar prior-year and group-company facts, the Transactional Net Margin Method is the most appropriate method; the arm's length price requires recomputation after the taxpayer receives an opportunity of hearing.

News and Press Release
Dated:- 1-10-2026
ASI 2024-25 records broad-based growth in registered manufacturing, including establishments, output, Gross Value Added, employment, emoluments, fixed capital, invested capital, net income and net profit. The survey covers specified registered factories, bidi and cigar establishments, certain electricity undertakings, and qualifying large units in State-maintained business registers. Data are collected electronically under the statutory framework for collection of statistics using an establishment-based approach, with quality checks and caution required because the estimates arise from a sample survey.

FEMA & RBI
Dated:- 1-10-2026
The fifth Kautilya Economic Conclave will examine economic resilience amid global shocks through discussions on macroeconomic stability, monetary policy, financial stability, investment, fiscal federalism and capital-market development. Its agenda also covers digital economy governance, artificial intelligence, trade fragmentation, strategic autonomy, climate resilience, food systems, demographic change and global health security. Plenaries, parallel sessions and closed-door roundtables will consider policy responses and mobilisation of domestic and foreign capital for long-term investment.

2024 (7) TMI 1827
Case Laws Income Tax
Charitable income application recognises verified construction, solar and water projects without requiring individual beneficiary identification.
Prior-year accumulation under Section 11(2) used for construction should not be included in current-year receipts when computing exempt income; the computation must consider net surplus rather than gross receipts. Verified capital expenditure on solar-lamp and RO water-treatment facilities serving rural and backward communities constitutes application of income for charitable purposes where it accords with the trust's objects. Individual beneficiary details are not required for facilities made available to the public in rural areas. Accordingly, these construction and community-facility expenditures do not warrant disallowance in calculating the charitable trust's exempt income.

Notification No. S.O. 2689(E) Dated:- 27-10-2009 Information Technology
The Central Government exercised its statutory commencement power to appoint 27 October 2009 as the date on which the provisions of the Information Technology (Amendment) Act, 2008 took effect. The appointment applies to the amendment's provisions as a whole and establishes their effective date for legal operation.

2019 (3) TMI 2117
Case Laws Income Tax
Refund interest remains distinct from tax refunds, limiting recalculation and consequential interest treatment after revised refund computations.
Interest paid on a delayed refund under Section 244A compensates for wrongful withholding and remains distinct from the tax-refund component. Accordingly, earlier Section 244A interest cannot be deducted when recalculating further interest on the tax refund. For interest under Section 234D, previously granted refund interest is excluded from the relevant refund amount. The Revenue's failure to challenge the prior treatment for the same assessee and assessment year meant that no substantial question of law arose. Refund interest therefore remains separate from the tax refund for consequential-interest computations.

2023 (9) TMI 1789
Case Laws Income Tax
Tax treatment of capital grants requires asset-wise depreciation allocation, while operational receipts retain business-income character.
Capital grants, subsidies and consumer contributions require asset-wise allocation to reduce actual cost and compute depreciation where assistance is not directly attributable to a particular asset. Delayed-payment charges remain deductible where they arise from late statutory payment rather than a legal infraction. Under mercantile accounting, unreconciled receipts offered to tax later at the same rate should not be taxed twice. Staff-loan interest, prior-period expenses and certain miscellaneous receipts depend on factual verification. Gains from depreciable blocks, where statutory conditions are met, fall under the special short-term capital-gains computation, while supplier interest and operational receipts with a business nexus constitute business income.

2023 (8) TMI 1744
Case Laws IBC
Fraudulently procured insolvency admission orders may be recalled despite the absence of statutory review powers.
Fraudulent or malicious initiation of insolvency proceedings under Section 65 of the Insolvency and Bankruptcy Code requires consideration by the Adjudicating Authority. An admission order procured through fraud or active collusion is a nullity and may be recalled, notwithstanding the absence of an express statutory power of review. Where collusion taints the initiation of a Section 9 insolvency process, recall jurisdiction must be considered rather than rejected solely because review jurisdiction is unavailable. The admission orders obtained through fraud were recalled.

Notification No. S.O. 3737(E) Dated:- 2-9-2024 Information Technology
The protected-system notification issued under section 70 of the Information Technology Act, 2000 is amended by substituting "KFin Technologies Private Limited" with "KFin Technologies Limited" wherever the former name occurs in paragraph (1). The substitution takes effect upon publication in the Official Gazette.

Notification No. S.O. 421(E) Dated:- 1-2-2024 Information Technology
Protected-system status is conferred under section 70 of the Information Technology Act, 2000 on KFin Technologies Private Limited's Mutual Fund System, database and associated dependencies as Critical Information Infrastructure. Written authorisation is required for access by designated employees, need-based managed-service-provider or third-party-vendor personnel, and case-specific consultants, regulators, government officials, auditors and stakeholders. The designation takes effect upon publication in the Official Gazette.

2023 (10) TMI 1618
Case Laws IBC
Status quo protection in insolvency appeals preserves assets while parties prepare common compilation and concise submissions.
Insolvency-related appeals were permitted to be filed and notice was issued. All parties were required to maintain status quo, including concerning assets, pending the next listing. Designated nodal counsel were tasked with preparing a shared electronic compilation under applicable filing directions. Each party was also required to submit a chronology and concise written submissions, with the appeals scheduled for disposal at the subsequent listed hearing.

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