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Writ jurisdiction against provisional attachment under the PMLA should be exercised sparingly where an efficacious statutory remedy exists, unless mala fides, patent arbitrariness or manifest lack of jurisdiction is clearly shown. The notes state that FIRs disclosing cheating as a scheduled offence, coupled with statutory reporting to jurisdictional police, can support provisional attachment; a pre-registered criminal case is not indispensable if the prescribed reporting process is followed. Disputes over advertising revenue attributable to users outside India concern quantification of alleged proceeds of crime and disputed facts, and should be addressed through the PMLA adjudicatory mechanism. The writ petition was dismissed, with rights and contentions reserved for statutory proceedings.
Packaged information technology software copied onto a medium and marketed is described as possessing the attributes of goods, making its transfer a deemed sale excluded from taxable service. The text states that inability to meet the conditions of Notification No. 11/2016-ST does not convert such a sale into a taxable service; accordingly, the related service tax demand, interest and penalty were deleted. It separately states that late fee for failure to file prescribed periodic service tax returns after registration remained payable, and the appeal was partly allowed.
Manufacture for central excise requires transformation into a new, distinct and marketable commodity with a separate name, character and use; labour, skill, expense or value addition alone does not suffice. Kitting imported photocopier modules by unpacking and placing them into customer-specific sets was not manufacture where the components remained in original packing, no physical assembly occurred at the warehouse, and relevant fittings had been made abroad. Note 6 to Section XVI could not deem manufacture because the modules were imported and assessed as complete machines, with no subsequent conversion of incomplete goods into complete articles. Rule 2(a) governs classification only and does not determine manufacture. The excise-duty demand was unsustainable.
Compression of natural gas constitutes manufacture under Chapter Note 5 to Chapter 27 only where it is compressed for marketing as compressed natural gas. Compression undertaken solely to facilitate transportation, followed by decompression at customers' premises and sale as natural gas, does not amount to manufacture under section 2(f) of the Central Excise Act, 1944. On that basis, the excise duty demand, interest and penalties on the company, including the penalty imposed on its Chairman-CEO, were set aside.
For dishonour of a cheque drawn on a company account, the company must be arraigned as an accused before vicarious liability can attach to an authorised signatory or other persons responsible for its business. Omission of the company is a foundational defect that prevents valid cognizance under the Negotiable Instruments Act. Section 319 CrPC cannot be used to cure that defect by subsequently impleading the company after the statutory limitation period; any fresh complaint remains subject to limitation and delayed cognizance requires sufficient cause. The Supreme Court quashed the complaint and consequential proceedings, and held that the direction to suo motu arraign the company exceeded jurisdiction.
A single FIR may cover multiple allegations of cheating arising from one criminal conspiracy where the information concerns the same cognizable offence, occurrence or connected transaction; later complaints may be treated as witness statements during investigation. Whether offences form the same transaction depends on unity of purpose and design, proximity of time and place, and continuity of action, and these considerations are not cumulative. The Magistrate must assess the investigation material to decide whether connected cheating allegations warrant joint charges and trial or require separate trials. Complainants treated as witnesses may file protest petitions against closure reports or proposed discharge.
News and Press Release
Dated:- 6-8-2026
Competition approval was granted for related share acquisitions and the merger of AAPC India, Caddie, Triguna, Srilanand Mansions, Techpark and Accent into InterGlobe Hotels. The combination involves entities jointly controlled by the Bhatia Family Group and the Accor Group, including hotel-owning and developing entities, hotel management and franchising operations, leasing activities, and captive consultancy and support services relating to Accor-branded hotels in India.
Criminalisation of contractual disputes fails where cheating or forgery ingredients are absent and prosecution is retaliatory.
Criminal proceedings arising from a loan and contractual transaction may be quashed where the allegations do not prima facie establish the essential ingredients of cheating or forgery. A dispute involving repayment, an agreement to sell and dishonoured cheques remained substantially civil in nature. The retaliatory background, including multiple FIRs filed shortly after cheque-dishonour proceedings initiated by the appellant, indicated mala fide prosecution intended to give criminal colour to a civil dispute. The FIR and consequential charge sheet were therefore liable to be quashed as an abuse of process.
Entry tax exemption for diesel captive generating sets overrides their classification as taxable machinery under the governing notification.
Diesel captive generating sets imported with their auxiliaries are exempt from entry tax from 1 October 2004 under the exemption notification issued under Section 11-A. The exemption specifically covers entry of diesel captive generation sets, so their treatment as taxable machinery in an advance ruling conflicts with the governing exemption and notified legislative policy. Entry tax is therefore not payable on such generating sets and auxiliaries within the notification's scope.
Section 54 investment within the extended return-filing period preserves residential-house exemption despite no capital-gains account deposit.
Brokerage commission paid on sale of a residential house is deductible in computing capital gains where the recipient is identified, payment is through banking channels, receipt is confirmed, and the rate is commercially consistent. Indexed construction cost may be allowed despite unavailable bills where building records and a contemporaneous registered valuer's report substantiate the expenditure. Section 54 exemption is available where capital gains are actually utilised to acquire a new residential house within the statutory period and before the extended return-filing date under section 139(4); non-deposit in the Capital Gains Account Scheme does not defeat relief in those circumstances.
Co-operative credit deduction covers lawful nominal-member lending and business-linked deposit returns under section 80P(2)(a)(i).
Deduction under section 80P(2)(a)(i) extends to income from credit facilities provided to nominal or class C members validly recognised under the Karnataka co-operative law and admitted under the society's bye-laws. Their limited voting, management or profit-sharing rights do not make them non-members, and mutuality does not override statutory membership recognition. Interest and dividend from compulsory reserve, liquidity and refinance deposits, and temporary surplus funds deposited with a district co-operative bank, are attributable to the credit-facility business and qualify for deduction. The contrary position concerning investment-income deduction under section 80P(2)(d) does not apply where the claim is under section 80P(2)(a)(i).
Section 80P deduction excludes interest income from deposits with co-operative banks and nationalised banks.
Section 80P permits specified deductions to co-operative societies, including interest derived from investments with other co-operative societies under Section 80P(2)(d). Interest earned by a co-operative society on deposits with a co-operative bank is not covered by that deduction, and interest from deposits with nationalised banks is likewise ineligible. The stated precedent applies to identical facts and legal position, supporting denial of the Section 80P deduction for such interest income.
Limitation dismissal reconsidered: delayed appeal restored for merits adjudication under binding and coordinate-bench precedent.
Dismissal of an appeal on limitation was reconsidered because binding and coordinate-bench decisions required appellate authorities to entertain materially similar delayed appeals on merits. The delay was condoned, the appellate dismissal was set aside, and the appeal was restored for adjudication on merits in favour of the assessee.
FEMA / RBI
Dated:- 5-8-2026
PTI
The rupee strengthened after the central bank maintained its policy rate and neutral monetary-policy stance. Lower crude oil prices, a weaker US dollar and declining US Treasury yields supported investor sentiment. Earlier measures to attract capital inflows remained part of the framework supporting the rupee, while the central bank stressed its endeavour to preserve an orderly currency trajectory. Future movement was linked to geopolitical de-escalation, global risk sentiment and US economic data.
Budget
Dated:- 5-8-2026
PTI
Tamil Nadu's Revised Budget Estimates for 2026-27 project a revenue deficit and fiscal deficit, with outstanding liabilities comprising public debt and public-account liabilities. Revenue mobilisation is proposed through improved tax administration, collection efficiency, closure of leakages, liquor-manufacturer privilege fees, and eligible Union grants. The strategy projects gradual deficit reduction to create room for capital expenditure, supported by expenditure reforms aimed at eliminating leakages, optimising expenditure, and improving service delivery.
Corp. Laws / SEBI / IBC
Dated:- 5-8-2026
PTI
Political criticism followed a social-media post describing Maharashtra Deputy Chief Minister Sunetra Pawar as "gungi gudiya" in connection with a press interaction on law-and-order issues in Beed district. Congress representatives stated that the post was not a personal insult, had been deleted after adverse reactions, and was followed by an expression of regret. NCP representatives termed the expression inappropriate and stressed that the principal dignitary should conduct media interactions. Shiv Sena (UBT) representatives described the phrase as not unparliamentary and linked it to criticism of a guardian minister's public responsibilities.
Rebuttable revenue-entry presumption and undisclosed leasehold possession defeated equitable interim injunction protection for the claimant.
Revenue-record entries carry a rebuttable presumption under the Land Revenue Code. That presumption was displaced where the claimant admitted entering possession through parties holding leasehold rights, failed to establish any independent right or explain the basis of possession, and withheld the material lease deed. Interim injunction, as an equitable discretionary remedy, requires lawful possession founded on an identifiable right and full disclosure of material facts. Suppression of the lease and prior admission defeated entitlement to protection, while the appellate interference with the trial court's reasoned refusal lacked justification. The trial court's refusal of interim injunctive relief was restored.
The Road and Infrastructure Cess rate for petrol and diesel cleared for export is amended in the relevant table entry to Rs. 1.5 per litre. The substituted rate applies from publication of the notification in the Official Gazette, making it effective from 3 August 2026. The amendment updates Notification No. 11/2026-Central Excise, which prescribes cess rates for specified petroleum products when cleared for exports.
The effective rate of Special Additional Excise Duty on Aviation Turbine Fuel cleared for export is amended in the relevant rate table by substituting the entry with Rs. 22 per litre. The revised rate applies from the notification's publication in the Official Gazette, amending Notification No. 08/2026-Central Excise.
Special additional excise duty on exported petrol and diesel is revised by substituting the applicable rates in Notification No. 06/2026-Central Excise. The duty rate for the product listed at serial number 1 is set at Rs. 3.5 per litre, and the rate for the product listed at serial number 2 is set at Rs. 24 per litre. These revised rates take effect from publication of the notification in the Official Gazette.