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Money-laundering proceedings may survive compromise-based quashing of a scheduled-offence FIR because such quashing does not establish that the predicate offence never occurred or that no proceeds of crime exist. Quashing, discharge or acquittal on merits finding that the scheduled offence did not occur would remove that foundation. The PMLA inquiry may extend beyond the predicate investigation to property derived directly or indirectly from scheduled criminal activity, including allegations linked to a wider conspiracy. Bail requires satisfaction of the statutory twin conditions on a probabilistic assessment, without a mini-trial. Alleged control of forex entities, dummy directors, fund conversion and flight-risk conduct may defeat bail. Parity is unavailable where a co-accused's circumstances differ materially.
Property of equivalent value may be seized or frozen where direct proceeds of crime are unavailable; prior acquisition alone does not exclude property from action under the proceeds-of-crime definition. Retention of seized documents, digital devices and cash, and freezing of bank and Demat accounts were sustained where a majority shareholder and authorised signatory was linked to the company involved in alleged investment fraud, failed to deny material particulars, and did not disclose the property's source. A connected person likewise failed to establish an independent source for held funds and shares. The appeals challenging retention and freezing were dismissed.
Goods Transport Agency classification does not depend on a document being expressly titled a consignment note. Bills containing essential transportation particulars may qualify as consignment notes, and recipients' certificates confirming receipt of GTA services and reverse-charge tax payment support that classification. Service tax demands cannot rest solely on differences between ST-3 returns and Form 26AS or other Income Tax data without verification of books of account and underlying transactions, because such data do not determine taxable turnover under service tax law. Extended limitation cannot be invoked for alleged suppression where relevant facts were already available to the Department and ST-3 returns were regularly filed. The impugned demands were set aside with consequential relief.
Copyright was expressly excluded from the scope of intellectual property right service, which covered only rights recognised under Indian law. Royalties for a non-exclusive licence to pre-install and sub-license Microsoft operating software therefore concerned copyright exploitation rather than taxable intellectual property rights. Commercial use of information technology software became separately taxable only from 16 May 2008. Extended limitation could not apply where departmental audit and correspondence established knowledge of the activity, and reverse-charge tax would have been available as CENVAT credit, supporting revenue neutrality and absence of intent to evade.
Service-tax show cause notices based on foreign-currency expenditure remain valid where they identify the alleged services sufficiently for the assessee to provide service-wise and amount-wise replies; further elaboration during adjudication does not exceed the notices' scope. Extended limitation cannot rest on a bare statutory reference without pleaded facts showing fraud, collusion, wilful misstatement or suppression with intent to evade tax, particularly after an earlier audit-based notice and where employee secondment involves interpretive issues. Overseas employee secondment constitutes manpower supply, subject only to the normal limitation period. Other service-tax demands require fresh reasoned determination after considering submissions, accounting evidence, the Chartered Accountant certificate, and relevant accounting standards and procedures.
Time-share accommodation arrangements fall outside Club or Association Service where purchasers receive only contractual occupancy rights for specified periods, without ownership, voting, management or other club-membership rights. Contractual use of the term "member" does not determine classification; consideration linked to accommodation categories, absence of conventional subscriptions and resort access for ordinary guests support treatment as accommodation services. A later distinct taxable entry for short-term accommodation further supports that conclusion. Pre-notice payment of tax and applicable interest, absent fraud, collusion or wilful suppression, attracts statutory protection and precludes penalty-only proceedings. Suppression penalties also require evidence of deliberate evasion, not merely a bona fide classification dispute disclosed in regular audited accounts.
CENVAT credit attributable exclusively to trading is inadmissible because trading is not an eligible output activity. Common input-service credit used for trading and taxable output services requires reasonable reversal, with the rule 6(3D)(c) formula proposed for quantification even before trading was expressly included as an exempted service. Proportionate credit on rented premises remains available where evidence establishes use for taxable services; a landlord's service-tax default does not by itself defeat that credit. Short-payment demands based on discrepancies between service-tax and income-tax returns require proof of deliberate intent to evade for extended limitation. Conflicting views remain on whether trading-related credit permits invocation of the extended period and consequential penalties, requiring Third Member determination.
Section 141 of the Negotiable Instruments Act extends liability for dishonoured company cheques beyond the signatory to directors who were in charge of and responsible for the company's business when the offence occurred. At the summoning stage, a Magistrate need only determine whether the complaint and supporting material disclose a prima facie case, not whether conviction is supported. Allegations that directors controlled company affairs, together with the petitioner's directorship during relevant transactions, were treated as sufficient foundational averments for trial. Questions concerning actual managerial involvement and non-participation require evidence before the Trial Court. The challenge to the summoning orders and cheque-dishonour proceedings was rejected.
News and Press Release
Dated:- 13-8-2026
Manufacturing performance is assessed under the revised National Accounts Statistics series using 2022-23 as the base year. Manufacturing's share of total Gross Value Added at current prices remained broadly stable through 2025-26, and Manufacturing GVA at constant prices achieved a compounded annual growth rate of 10.88% from 2022-23 to 2025-26. Production Linked Incentive schemes, logistics and industrial-corridor measures, semiconductor initiatives, and MSME support seek to strengthen domestic manufacturing, diversify supply chains, reduce import dependence, and improve resilience.
Corp. Laws, SEBI & IBC
Dated:- 13-8-2026
NCLT has launched e-Inspection and e-Certified Copy Services for faster and more convenient access to judicial records and certified copies by advocates, litigants and other stakeholders. The services support a technology-enabled Registry framework and transparent, efficient justice delivery. Pendency monitoring, workload redistribution, Special Benches, maximisation of court time, and registration and listing guidelines are intended to improve case management, optimise limited judicial resources and reduce avoidable delays.
News and Press Release
Dated:- 13-8-2026
CBDC-based Direct Benefit Transfer under the Pradhan Mantri Garib Kalyan Anna Yojana will credit eligible beneficiaries' food subsidies as programmable Digital Rupee tokens directly into CBDC wallets. Beneficiaries may use these credits to purchase foodgrains from empanelled merchants through secure, real-time and traceable payments, replacing conventional bank-account transfers. The model is intended to improve traceability, reduce leakages and cash handling, enable real-time monitoring of subsidy use, and provide a scalable framework for CBDC integration with welfare schemes.
Customs, DGFT & SEZ
Dated:- 13-8-2026
India and the Southern African Customs Union have signed Terms of Reference to commence negotiations for a Preferential Trade Agreement. Negotiations are envisaged on trade in goods and market access, rules of origin, customs procedures and trade facilitation, trade remedies including bilateral safeguards, sanitary and phytosanitary measures, technical barriers to trade, dispute settlement, and legal and horizontal provisions. The Terms of Reference establish the negotiating framework only; preferential tariff treatment and other operative commitments depend on conclusion of a final agreement.
By: - DR.MARIAPPAN GOVINDARAJAN
Vicarious criminal liability for cheque dishonour requires clear factual averments that each accused was, at the relevant time, in charge of and responsible for the entity's business conduct. Mere status as a director, executive member, committee member or other office-holder does not create presumed liability. A complaint need not repeat statutory language verbatim if, read as a whole, it discloses the factual basis for liability. A cheque signatory is ordinarily connected with the incriminating act, whereas liability of other officers requires material linking them to the transaction and business affairs.
By: - Ela Garg
Early enablement of GSTR-9 and GSTR-9C filing utilities for FY 2025-26 is sought to facilitate reconciliation of GSTR-1, GSTR-3B, books of account and income-tax data before income-tax returns are finalised. Delayed availability may increase inconsistencies between GST and income-tax reporting, with consequential notices and litigation. A predictable annual release schedule before income-tax return due dates would support meaningful reconciliation, accurate statutory disclosures and compliance planning.
By: - Vivek Jalan
GST enforcement in mining is strengthened through coordination between State Mining Departments and CGST field formations, including nodal officers, information sharing, joint reviews, and action where evasion is indicated. Illegal mining, suppressed supplies, non-registration, undervaluation, and short payment may invite GST scrutiny and related Income Tax proceedings. Royalty is contractual consideration under mining leases, and mine leasing with royalty is treated as licensing of rights to use minerals, taxable under the Reverse Charge Mechanism with liability on the mining lessee.
By: - Raj Jaggi
GST interest may arise automatically under section 50, but a disputed interest base, period or quantum must be determined before coercive recovery. Recovery under section 79, including garnishee notices through Form GST DRC-13, can enforce only an amount that has become payable and cannot adjudicate an unresolved dispute. Admitted interest may be recovered without unnecessary proceedings. Payments during investigation require assessment of genuine voluntariness. Conversely, delayed refunds attract statutory interest under section 56 after the prescribed period, without requiring a separate claim.
By: - Raj Jaggi
Interest on wrongly availed input tax credit under Section 50(3) arises only when the credit is both wrongly availed and utilised. Under Rule 88B(3), utilisation is determined by the extent to which the Electronic Credit Ledger balance falls below the wrongly availed amount before reversal or payment. For IGST credit, IGST, CGST and SGST balances are considered together, while Compensation Cess credit is excluded where it was not legally usable for the relevant liability. Reversal before utilisation may prevent interest; ledger records must establish the usable balance throughout the relevant period.
By: - Raj Jaggi
Delayed-payment interest under Section 50 of the CGST Act is computed on the net cash component of tax liability, subject to the statutory exception for returns furnished after commencement of specified proceedings. Deposit into the Electronic Cash Ledger is distinct from formal discharge of tax through ledger debit, but Rule 88B recognises that eligible cash credited by the return due date may be excluded from interest computation. Determination requires review of the cash liability, ledger deposits, available balance, balance movements and final appropriation date.
By: - YAGAY and SUN
Corporate resilience requires governance that tests the legality, accounting and tax treatment, economic substance, and ethical defensibility of significant transactions. Controls should identify fraud indicators through data analytics and timely scrutiny of unexplained anomalies. Tax risk registers, documented reasoning, exposure assessment, and independent review should support material transactions. Circular trades and third-party dealings require beneficial-ownership mapping, commercial-purpose assessment, verification of actual performance and funding, and counterparty due diligence. Management override requires independent review, while effective speak-up mechanisms and Board oversight support early risk identification and remediation.
By: - YAGAY and SUN
Deep-fried onion exports require verification of the applicable HSN classification based on product composition and processing, compliance with food-safety and buyer specifications, and completion of registration, Customs and documentation requirements. Exporters generally need PAN and GST registration, an Import Export Code and APEDA registration where applicable, followed by Shipping Bill filing, Customs clearance and receipt of export proceeds through authorised banks. Documentation may include commercial and GST invoices, packing list, transport document, certificate of origin, inspection certificate and transaction-specific phytosanitary or fumigation certificates. Incentive, refund, insurance and export-finance facilities may apply subject to conditions.