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2026 (6) TMI 14 - Supreme Court SC
Settlement-price depression under the PFUTP framework requires cogent proof of a manipulative act, device, scheme or artifice, not merely a substantial short derivative position, closing-window sales, or an incentive to benefit from a lower settlement price. Position concentration and position-limit non-disclosure are distinct from PFUTP fraud. Sales below the last traded price require market-wide causal analysis of other trading activity, execution mechanics, benchmark methodology, commercial rationale, and actual price impact. A genuine hedge and agency-attributed exposure do not, without further proof, establish manipulation.
FEMA & RBI
Dated:- 7-10-2026
India-UK financial-markets cooperation covers capital-market connectivity, cross-border listings, investor access and development of GIFT IFSC as an international financial centre. Engagement also addresses insurance, pensions, asset management, sustainable-finance disclosures and cross-border investment. Fintech cooperation includes digital public infrastructure, central bank digital currencies, data exchange, responsible artificial intelligence, fraud prevention, cyber security and operational resilience. Cross-border payments work prioritises reduced frictions, transparency, efficiency and interoperability of electronic payment infrastructures.
Section 107(6)'s substituted proviso, requiring a ten per cent pre-deposit for penalty-only appeals, does not apply where a formal show-cause notice commenced adjudication before 1 October 2025. The High Court treated the right of appeal and its associated conditions as substantive and vested when the lis begins. Because the new filing-stage deposit may bar access to the appellate forum, it is an onerous condition rather than merely procedural. In the absence of express retrospective operation or necessary intendment, appeals from pre-amendment proceedings remain governed by the earlier regime, while admitted amounts remain payable. The Appellate Authority has no inherent power to waive an applicable mandatory deposit.
Revisionary jurisdiction fails where a duly inquired assessment adopts a legally possible view on compensation interest.
Revisionary jurisdiction requires an assessment order to be both erroneous and prejudicial to Revenue interests. Where the Assessing Officer examines an exemption claim relating to interest awarded under the Land Acquisition Act on compulsory acquisition of agricultural land and adopts the Supreme Court-recognised treatment of section 28 interest as compensation, that view remains legally possible. Divergent judicial approaches to the post-amendment treatment of such interest under income-tax provisions prevent revision merely because another view is preferred. Revision under section 263 is therefore invalid when due inquiry was made and the assessment is neither erroneous nor prejudicial to Revenue interests.
Reassessment notice validity depends on legible material, reasonable response time, and effective writ review of procedural fairness.
Reassessment notice validity under the Income-tax Act turns on compliance with principles of natural justice, including furnishing legible underlying material and allowing reasonable time to respond before an order is made on prima facie income escapement. Writ jurisdiction may extend to review of reassessment notices and related orders where procedural fairness is challenged. The Supreme Court declined to interfere with the High Court judgment and dismissed the special leave petition.
Interest on enhanced compensation retains its exempt character when awarded as part of land value, limiting revisionary intervention.
Revisionary jurisdiction is unavailable where the assessing authority made specific enquiries and adopted a legally tenable view on a debatable issue; absence of detailed reasoning in the assessment order does not itself establish lack of enquiry. Interest awarded for enhanced land-acquisition compensation under Section 28 forms part of the enhanced value of the acquired land, unlike interest for delayed payment under Section 34. Amendments governing the timing of taxation of interest on compensation do not alter that character. Where enhanced compensation qualifies for exemption, Section 28 interest retains the exempt character and cannot be revised merely because a contrary view is preferred. A non-speaking dismissal of a special leave petition creates no binding precedent.
2026 (8) TMI 1558 - ITAT CHENNAI AT
Foreign LTC/LFC payments for itineraries containing an overseas leg are outside the Section 10(5) exemption, which is confined to actual eligible domestic travel subject to Rule 2B shortest-route and fare conditions. Under Section 192, employers must include known non-exempt payments in estimated salary and deduct tax; they cannot disregard available claim records showing foreign or circuitous travel. A recovery restraint does not automatically suspend the deduction obligation. Section 201 recipient-compliance conditions, interest, and penalty based on reasonable cause require separate analysis.
Section 74 extended limitation under the CGST Act applies only where a tax shortfall, erroneous refund or wrongful input tax credit arose by reason of fraud, wilful misstatement or suppression of facts to evade tax. A show cause notice must plead foundational facts linking deliberate conduct to the alleged evasion; a mismatch, short payment, audit objection or mechanical use of statutory terms is insufficient. The proper officer must independently form the required satisfaction. Section 75 prevents an adjudicating order from adding grounds beyond the notice, so deficient fraud allegations cannot be cured later. Section 74 applies through Financial Year 2023-24, while Section 74A introduces a unified notice regime for later periods.
Notification No. S.O. 117(E) Dated:- 20-1-2010 Information Technology
Designation of the Group Coordinator, Cyberlaw Division, as the Designated Officer is made under section 69A(1) of the Information Technology Act, 2000, read with rule 3 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. The role is assigned to a Central Government officer not below Joint Secretary rank for the applicable public-information blocking procedure and safeguards.
Notification No. G.S.R. 630(E) Dated:- 26-7-2010 Information Technology
Under section 70(1) of the Information Technology Act, 2000, the Central Government declares the TETRA Secured Communication System Network, including its installed hardware and software, to be a protected system. The designation covers installations at specified Operation and Control Centres, Security Lines, the Traffic Control Room, Jawaharlal Nehru Stadium, the Games Operation Centre, and the CATS Local Control Room.
Customs, DGFT & SEZ
Dated:- 7-10-2026
India-EFTA TEPA establishes reciprocal market-access commitments, with EFTA coverage extending to most Indian exports and full coverage for non-agricultural products. Tariff predictability is intended to support investment planning, supply-chain development and longer-term business partnerships. Agricultural opportunities may arise where duties have been reduced to zero. Article 7.1 includes an investment commitment under which the EFTA States are to aim to increase foreign direct investment into India and facilitate employment generation within specified implementation periods.
Special leave to appeal granted with interim stay and expedited hearing in a customs dispute.
Special leave to appeal in a customs dispute was granted, and an interim stay was directed pending further proceedings. The hearing was expedited, requiring the matter to proceed on an accelerated timetable. The operative directions address only admission of the special leave appeal, interim protection, and prioritisation of hearing; no substantive customs issue or final determination is stated.
News and Press Release
Dated:- 7-10-2026
India-U.S. trade and investment engagement was pursued through discussions with leading United States companies on expanding investment, partnerships and commercial operations in India. Financial-sector discussions addressed private equity, asset and wealth management, insurance, and financial services, including prospective engagement aligned with the objective of insurance access for all by 2047.
FEMA & RBI
Dated:- 7-10-2026
Monetary Policy Committee increased the policy repo rate under the liquidity adjustment facility by 25 basis points to 5.50 per cent and changed the stance to calibrated tightening. The standing deposit facility rate became 5.25 per cent, while the marginal standing facility rate and Bank Rate became 5.75 per cent. The stance excludes near-term rate cuts; future action may comprise a rate hike or pause, contingent on growth, inflation, underlying price pressures, second-round effects and demand impulses.
Interest on enhanced acquisition compensation forms capital gains, preventing revision merely because another tax view is preferred.
Interest awarded under section 28 of the Land Acquisition Act, 1894 is treated as an accretion to enhanced compensation rather than interest on delayed payment taxable as income from other sources under section 145A(b) read with section 56(2)(viii) of the Income-tax Act. It consequently forms part of enhanced compensation assessable as capital gains under section 45(5). Where an assessment adopts this plausible view, revisionary jurisdiction cannot be invoked merely because the revisionary authority prefers a different tax treatment. Revision treating such interest as income from other sources is invalid.
Notification No. G.S.R. 662(E) Dated:- 25-8-2015 Information Technology
Digital Signature Certificates and Certificate Revocation Lists must conform to the Digital Signature Certificates Interoperability Guidelines. Certifying Authorities must apply prescribed cryptographic standards and comply with Identity Verification Guidelines, India PKI certificate policy requirements, and applicable guidelines for Time Stamping and OCSP services. Changes to subscriber identity-verification methods must be incorporated into Certification Practice Statements and approved. Application forms no longer require personal submission, while identity and residence verification follow the Certification Practice Statement and Identity Verification Guidelines.
Circular No. Circular No. 1(2019)/2020-TNGST Dated:- 23-3-2020 Tamil Nadu SGST Dated:- 23-3-2020 Tam...
Electronic GST refund processing requires portal filing of FORM GST RFD-01 with prescribed statements, undertakings and uploaded records; no physical submission is required. ARN generation marks filing and triggers electronic acknowledgement or deficiency memo. A deficient claim ceases to be processed, ledger debits are automatically re-credited, and a corrected claim must be filed afresh within the statutory limitation period. Assigned officers issue the sanction and payment orders for all tax heads, with bank validation preceding payment. Provisional or final sanction, rejection, recovery, re-credit and adjustment follow prescribed electronic forms and safeguards.
Interest on enhanced compensation is taxable as income from other sources despite agricultural land acquisition exemption.
Interest received on compensation or enhanced compensation is taxable on receipt basis under the head "Income from other sources," subject to the statutory deduction available for such interest. Post-Ghanshyam amendments specifically govern this treatment and prevent interest under the Land Acquisition Act from retaining the character of exempt compensation. Accordingly, interest on enhanced compensation for compulsory acquisition of agricultural land does not qualify for the agricultural-land compensation exemption and is not taxable as capital gains.
Fair hearing in ex parte tax appeals requires fresh adjudication where merits were decided without effective representation.
Ex parte dismissal of an income-tax appeal for non-appearance, coupled with a decision on merits without effective representation, engages the requirements of fair hearing and natural justice. The assessee must have an opportunity to place relevant evidence before the first appellate authority. Where that opportunity has not been effectively available, the appellate matter requires fresh adjudication after a hearing, rather than retaining a dismissal based on non-appearance and merits decided without adequate representation.
Notification No. G.S.R. 843(E) Dated:- 13-11-2025 Information Technology
Commencement of the Digital Personal Data Protection Act, 2023 is phased in three stages. Specified provisions, including sections 1(2), 2, 18-26, 35, 38-43, and section 44(1) and (3), operate immediately upon publication in the Official Gazette. Section 6(9) and section 27(1)(d) commence after one year. The remaining specified provisions, including sections 3-5, 7-17, 28-34, 36 and 37, commence after eighteen months.