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2023 (10) TMI 1610
Case Laws Indian Laws
Financial capacity to advance an alleged loan remained unproved, rebutting the cheque dishonour debt presumption and resulting in acquittal.
In cheque dishonour proceedings, admission of the cheque and signature creates a rebuttable presumption of a legally enforceable debt, which the accused may rebut on a preponderance of probabilities through evidence or effective cross-examination. The complainant's financial capacity to advance the alleged loan and the source and timing of the transaction were not consistently substantiated; the remaining funds were unexplained and the asserted chit amount had been received earlier. Although notice service at the accused's consistently used address was accepted, the presumption stood rebutted and the underlying loan was not proved. The concurrent conviction and sentence were set aside, resulting in acquittal.

Circular No. Public Notice No. 17/2024 Dated:- 19-12-2024 Trade Notice Dated:- 19-12-2024 Trade Noti...
Export drawback for shipping bills with a Let Export Order on or after 1 April 2014 is monitored through the RBI-BRC Module. Export proceeds must be realized within nine months unless extended by the RBI; otherwise, the related drawback is recoverable with applicable interest. Exporters should verify shipment-wise realization details on ICEGATE and ensure realized proceeds are updated in EDPMS through their authorised dealer bank. Short realization due to foreign-bank charges or overseas agency commission must be supported by documentary evidence.

J
Customs
Export of Schedule-B controlled substances requires an application containing exporter and importer particulars, licensing information, import authorisation details, transport and routing information, substance identification, quantity, packaging and transaction particulars. Applicants must disclose the proposed end use, consignee, brokers, payment arrangements, free-zone or bonded-warehouse transit, and procurement source. Supporting documents include purchase orders, applicable import certificates, end-use declarations and relevant drug licences. First-time exporters must also provide business, factory, registration, financial and authorised-signatory information.

I
Customs
Form I requires an applicant seeking destruction of a Schedule-A controlled substance to furnish registration, applicant, substance, quantity, packing, storage, justification, and proposed destruction details. Quantity must be stated in kilograms. The applicant must disclose and, where applicable, support the quantity's appearance in the Form 2 or Form 3 Register and filed returns. Each controlled substance requires a separate application, to be sent to the concerned Zonal Director of the Narcotics Control Bureau.

Notification No. F A 3-47/2017/1/V (50) Dated:- 4-12-2023 Madhya Pradesh SGST
Reverse charge liability for specified Government services is amended to include the Ministry of Railways (Indian Railways) with the Department of Posts in the relevant Government-service entry. The separate entry for services supplied by the Central Government is revised to exclude the Ministry of Railways (Indian Railways). The amendments are deemed effective from 20 October 2023.

H
Customs
Quarterly reporting of controlled-substance consignments outside a consignor's zone requires Form H to contain the consignor's registration details, the controlled substance, and particulars of each consignment sent to the relevant jurisdiction. Required particulars include the dispatch date, quantity, consignee's registration number, name and address, consignment note number, and mode of transport. Quantities must be indicated in kilograms. A separate quarterly return is required for each controlled substance, signed and dated by an identified signatory.

Notification No. No. CT/8/21/2023-Sec-1-5(CT)(58) Dated:- 15-12-2023 Madhya Pradesh SGST
Corporate guarantee services supplied to a related person for a banking company or financial institution are valued at one per cent of the guarantee amount or actual consideration, whichever is higher. The amendments also replace an order with an intimation under rule 142(3), impose a maximum one-year operation for provisional attachment unless released earlier, revise registration cancellation and compliance forms, include One Person Companies in registration, and update GST practitioner enrolment qualifications.

Circular No. PUBLIC NOTICE NO.19/2024 Dated:- 26-12-2024 Trade Notice Dated:- 26-12-2024 Trade Notic...
Customs bonded transshipment permission for carriage of import and export cargo between all Customs Airports in India and Jaipur Airport, in both directions, is extended to InterGlobe Aviation Ltd. (IndiGo) for a further one year. The extension is subject to all conditions prescribed in the earlier public notices governing the permission.

Consignment Note
Forms Customs
G
Customs
Consignment notes accompanying controlled-substance consignments must record the parties' registration details, substance description and quantity, package and weight particulars, transport details, tamper-proof seals, and consignor certification. The consignee must record receipt details, remarks, and signature. Notes must be serially numbered annually, each book must carry a certificate of its page count, and used or current books must be produced to an authorised officer when required.

Customs & Trade
Dated:- 5-8-2026
PTI
Customs officers intercepted two passengers arriving from Istanbul after Advance Passenger Information System profiling and their activation of the Door Frame Metal Detector. A personal search recovered approximately one kilogram of gold, silver-coated and concealed as traditional armlets worn on the upper arms. The gold was seized under the Customs Act, a smuggling case was registered, and investigation was initiated into the source and any wider smuggling network.

FEMA / RBI
Dated:- 5-8-2026
PTI
The Reserve Bank retained the repo rate with a neutral stance amid uncertainty over energy prices and supply disruptions. Stock exchanges introduced the Closing Auction Session in the equity cash segment for eligible shares with futures and options contracts. This auction-based mechanism determines closing prices of eligible stocks and aims to make price discovery more transparent and robust.

F
Customs
Form-F requires registered persons dealing with controlled substances to file quarterly, substance-specific returns showing opening and closing balances and transaction-wise receipts, imports, sales, consumption and exports. Quantities must be stated in kilograms. Import and export entries must include the relevant No Objection Certificate number and date. The filer must certify the accuracy of the information, retain supporting records, state whether filing was timely, and submit the return to the concerned Zonal Director of the Narcotics Control Bureau.

Circular No. Public Notice No. 4/2025 Dated:- 21-2-2025 Trade Notice Dated:- 21-2-2025 Trade Notice
M/s. Hind Terminals Pvt. Ltd. is appointed Custodian and approved as Customs Cargo Service Provider for the Inland Container Depot, Dhanakya, Jaipur. It must comply with customs law and cargo-handling regulations, remain accountable for receipt, handling, storage, loss and improper removal of cargo, and ensure safe transport of export goods. Conditions include prior approval for alterations or subletting, execution of bond and insurance, payment of cost-recovery charges, RFID-based tracking infrastructure, and disposal or authorised sale of uncleared goods. The appointment is valid for two years, subject to earlier review, suspension, revocation or cancellation.

E
Customs
Manufacturers of controlled substances in Schedule-A must submit separate quarterly returns for each substance, reporting registration particulars, opening balance, manufacture, sale transactions, and closing balance in kilograms. Sale entries must identify the purchaser, premises, consignment note number, and quantities. The return must disclose delayed filing and any fine paid, be certified as correct, and be sent to the concerned Zonal Director of the Narcotics Control Bureau. Import or export entries require No Objection Certificate particulars instead of registration details.

2023 (6) TMI 1543
Case Laws Income Tax
Consistent TNMM benchmarking prevails where facts and law remain unchanged, while tax credits require payment verification.
The Transactional Net Margin Method (TNMM) remains the appropriate method for benchmarking exports of chemical additives to associated enterprises where it has been consistently accepted, the underlying facts and law remain unchanged, and no justified basis exists to replace it with the Comparable Uncontrolled Price Method. Transfer-pricing adjustments based on CUP were therefore deleted because TNMM margins fell within the arm's-length range. Claims for credit of taxes paid, including dividend distribution tax, require verification of payment before credit and consequential interest can be determined; those claims were remitted for verification and grant in accordance with law.

Notification No. F A 3-42/2017/1/V(14) Dated:- 8-8-2024 Madhya Pradesh SGST
The notification grants nil-rate treatment to specified railway-related services, including platform tickets, retiring or waiting rooms, cloak rooms, battery-operated cars, inter-zonal services, and defined infrastructure-use and maintenance arrangements with special purpose vehicles. It also revises the accommodation-services exemption by excluding student residences, hostels, camps, paying-guest establishments, and similar facilities. A separate nil-rate entry applies to accommodation services valued at no more than twenty thousand rupees per person per month when supplied continuously for at least ninety days.

Customs & Trade
Dated:- 5-8-2026
PTI
Services-sector growth slowed as domestic and export orders moderated amid weaker demand, competitive pressures, softer market conditions and postponed orders. Output continued to expand, but at its weakest pace in more than four years. Employment growth improved modestly, while input costs rose and firms increased selling prices. Business confidence remained positive but declined, and the composite output indicator weakened due principally to the sharp slowdown in services activity.

Corp. Laws / SEBI / IBC
Dated:- 5-8-2026
PTI
Interim bail was granted to Anwar Dhebar in a matter involving alleged corruption and an illegal commission mechanism linked to a state marketing corporation. Conditions require him to remain outside Chhattisgarh, attend the trial court, and provide his residential address. The allegations concern manpower supply agencies allegedly being compelled to pay commissions for clearance of legitimate bills, with proceeds routed through intermediaries. The case was registered under the Indian Penal Code and the Prevention of Corruption Act.

News and Press Release
Dated:- 5-8-2026
The Taxation and Other Laws (Amendment) Bill, 2026 proposes to replace the Income-tax (Amendment) Ordinance, 2026 and amend payment-system and tax laws. It would prohibit charges on notified electronic payments, revise safe-harbour conditions for eligible investment funds and fund managers, and expand tax exemptions for Government securities, qualifying rough-diamond sales and bonded-warehouse component storage. It also modifies exemptions concerning electronic-goods contract manufacturing, data centres and business-trust dividends, while imposing a differentiated surcharge on qualifying special purpose vehicles. A separately included appropriation bill authorises excess expenditure from the Consolidated Fund of India.

FEMA / RBI
Dated:- 5-8-2026
PTI
Monetary policy projections for fiscal 2026-27 revise real GDP growth upward to 6.7 per cent and Consumer Price Index inflation downward to 5 per cent. Domestic activity is described as resilient amid global uncertainty, but inflationary risks persist from rainfall disruption, energy-price volatility, supply-chain uncertainty, and second-round effects of higher food, fuel and input costs. Core inflation is projected at 4.3 per cent for the fiscal year.

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