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Section 260A(2A) of the Income Tax Act does not expressly exclude application of the Limitation Act, declare the High Court functus officio after expiry of the appeal period, or contain restrictive wording barring condonation. Departmental processing, approval, preparation and execution of the appeal memorandum collectively established sufficient cause and bona fide diligence for a short delay. Merits of the proposed appeal should not be examined while deciding limitation, as that would compromise fairness at the admission stage. The delay was condoned, and the income-tax appeal was directed to be registered and listed for admission.
Priority under section 26E of the Securitisation Act favours a bank's registered security interest over an Income Tax attachment where the Department has not publicly proclaimed the attachment in the prescribed manner or registered its claim or attachment order with CERSAI. A prior attachment alone does not displace the secured creditor's statutory priority. The attachment and resulting encumbrance must be removed to the extent they obstruct recovery of the bank's secured dues, while the Income Tax Department may recover its dues from surplus sale proceeds or other assets in accordance with law.
Section 153C proceedings against a person other than the searched person require a satisfaction note as a precondition. Where the searched person's assessment has concluded, the satisfaction note must be recorded immediately thereafter; a delay exceeding four years does not meet that requirement. Proceedings initiated for Assessment Year 2017-18 on the basis of such delayed recording were invalidated, and the related notice, consequential order and demand notice were quashed.
Reliance on non-existent, falsely cited, or hallucinated AI-generated precedents undermines the sanctity of adjudication and vitiates the decision-making process. Artificial intelligence may serve only as an assistive tool and cannot replace independent legal adjudication. Use of even minimal fake or unreliable precedent renders a penalty decision unsustainable where that material informed the adjudicating authority's reasoning. The penalty-confirming order and the original penalty order were set aside, with proceedings revived for fresh adjudication by another officer of the same rank.
Discretionary writ jurisdiction requires a prompt approach and full disclosure of material facts. Unexplained delay, omission of the contemporaneous Customs Act statement, and disputes over whether detained yellow metal jewellery constituted a personal effect, its value, and compliance with baggage requirements prevented unconditional release or quashing of detention. Appraisement and statutory proceedings must instead be completed by the competent authority in accordance with law, preferably within three months subject to the claimant's cooperation. The writ petition was dismissed without determining confiscation, duty, fine, penalty, or waiver of warehouse and handling charges, which remain within the statutory process.
Article 226 writ jurisdiction does not ordinarily permit a party to bypass an efficacious customs appellate remedy or its statutory limitation period. Allegations of coercion, waiver of written notice or personal hearing, service of the adjudication order, and procedural non-compliance may require factual determination in the statutory appeal unless they establish a patent jurisdictional defect or clear denial of natural justice. Substantial delay in invoking writ jurisdiction further weighs against intervention. A delayed customs writ was dismissed, with confiscation, penalty, and the evidentiary effect of relevant documents left open for determination by the competent appellate forum.
Section 110(2) requires release of detained gold only if the Section 124 show-cause notice is not issued within the prescribed period, including any validly extended period. Issuance of written notice before expiry of the extended period prevents a release claim based solely on expiry of the initial period. Accordingly, no release direction follows where the petition is filed while the extended period subsists and the notice is timely issued. Questions concerning the extension's validity and communication, waiver of notice or hearing, and evidentiary value of statements remain for adjudication in accordance with law.
Permanent stay of winding up under the Companies Act, 1956 may support corporate revival where a redevelopment scheme settles or provides agreed payment of creditor and workmen claims and advances public interest and commercial morality. Revival need not require resumption of the company's former business, as a change of objects is not legally barred. Redevelopment of company-owned land does not itself amount to a transfer or divestment. Disputes over majority shareholders' creditor claims, dividends, security and long-term loans remain matters for claim adjudication and do not by themselves defeat revival. Changed circumstances can support a fresh application despite earlier adverse observations.
Section 238 of the Insolvency and Bankruptcy Code gives the Code overriding effect over the Electricity Act, 2003, despite non-obstante clauses in that Act. An approved resolution plan extinguishes the corporate debtor's liabilities and pending debt-related proceedings arising before commencement of the corporate insolvency resolution process. Pre-CIRP demands for Parallel Operation Charges consequently stand extinguished where they fall within liabilities resolved under the approved plan, and the related appellate determination was sustained.
Statutory composition of the Adjudicating Authority requires a legally constituted Bench; absent an evidence-based finding that a Chairperson-only Bench was validly constituted, its adjudication is coram non judice and a nullity. The authority must identify the relevant property and record a prima facie finding that it is involved in money-laundering; a need to retain or freeze property for adjudication cannot replace that finding. Bank accounts or business turnover alone are not proceeds of crime without a reasoned nexus to scheduled-offence criminal activity. An appellate body cannot supply this omitted foundational finding. Non-communication of reasons to believe also breaches statutory safeguards, vitiating freezing and retention proceedings. The impugned order was quashed without deciding whether any offence was committed.
PMLA attachment preceding a compromise decree takes priority where ownership has not been transferred in execution of the compromise terms; the decree does not create rights in the attached property. A single Member (Finance) may validly confirm attachment because the statutory scheme permits a single-member bench with appellate review on facts and law. Property acquired before the scheduled offence is not automatically immune from attachment if it constitutes proceeds of crime. Provisional attachment requires recorded reasons to believe that immediate action is necessary, while challenges to the factual basis of that satisfaction are to follow statutory appellate remedies. Confirmation also requires the Adjudicating Authority to independently assess material and form the requisite belief.
PMLA / Black Money
Dated:- 4-9-2026
PTI
Alleged money laundering arose from fraudulent disbursement of marriage-assistance funds intended for daughters of registered construction workers. The allegations include approvals and releases for suspicious marriage cases, use of bank accounts opened or misused on false credentials, multiple cash withdrawals, and extension of benefits to ineligible persons. Investigation under the Prevention of Money Laundering Act followed an economic-offences FIR concerning suspected misuse of the welfare scheme.
PMLA / Black Money
Dated:- 4-9-2026
PTI
Money-laundering proceedings arising from alleged bank fraud concern claims that loans advanced to an airline were siphoned off. The discharge application attributes the airline's financial collapse to adverse macroeconomic conditions rather than fraudulent conduct or laundering, denies diversion through General Sales Agents, and maintains that related payments were board-approved and disclosed. It also contests the treatment of the bank's outstanding claim as funds received by the founder, while the investigating agency alleges systemic fraud, loan diversion and laundering.
Pipeline-intermixed kerosene retains its tariff identity, preventing higher diesel or motor-spirit excise valuation and consequential penalties.
Central excise duty on intermixed superior kerosene oil is determined by its tariff classification and transaction value at factory removal, not by the products with which it became intermixed during pipeline transportation. Pipeline intermixing does not give superior kerosene oil the technical characteristics or tariff identity of high-speed diesel or motor spirit. Duty therefore remains payable at the rate applicable to superior kerosene oil cleared otherwise than for the public distribution system. A departmental circular requiring valuation at the higher price of high-speed diesel or motor spirit lacks statutory support and cannot override the governing provisions. No additional duty or consequential penalty arises.
GST arrest safeguards require written reasons and notice before denying regular bail where custodial interrogation is unnecessary.
Regular bail in GST-evasion allegations carrying imprisonment up to five years requires compliance with the arrest safeguards under the Bharatiya Nagarik Suraksha Sanhita, 2023. A notice is required unless the arresting authority records written reasons satisfying the statutory arrest conditions. Summons issued under the CGST Act do not replace those safeguards, as the GST framework does not exclude applicable criminal-procedure protections. Where no material-based written reasons establish risks of evidence tampering or witness influence, and relevant evidence is documentary and already with investigators, custodial interrogation is unnecessary; statements may be secured through bail conditions.
Withdrawal of writ petition permits pursuit of statutory appellate remedy before the appropriate forum in GST proceedings.
Withdrawal of a GST writ petition was permitted to enable pursuit of an appeal before the appropriate forum. The petition was consequently disposed of as withdrawn, with liberty to seek the appellate remedy. No merits determination on the anti-evasion dispute is recorded; the procedural disposition preserves recourse to the appellate forum.
FEMA / RBI
Dated:- 4-9-2026
PTI
Foreign exchange market conditions supported the rupee's appreciation by 8 paise to 94.43 against the US dollar, aided by positive domestic equity markets, improved risk appetite, foreign capital inflows and foreign institutional buying. Reserve Bank of India intervention was also cited as support. Elevated crude oil prices, safe-haven dollar demand and United States-Iran tensions were identified as factors limiting further gains. India's foreign exchange reserves increased to a new all-time high during the relevant reporting week.
Corp. Laws / SEBI / IBC
Dated:- 4-9-2026
PTI
Regulatory clearance permits the National Stock Exchange to proceed with an initial public offering structured wholly as an offer for sale by existing shareholders. The proposed issue does not raise fresh capital, and sale proceeds will accrue to the selling shareholders rather than the exchange. Revised offer documents were required after addition of a selling shareholder, triggering a fresh public-feedback period. The offering follows settlement of co-location and dark-fibre matters and governance and compliance measures addressing regulatory concerns.
FEMA / RBI
Dated:- 4-9-2026
PTI
Equity markets registered a recovery after four consecutive losing sessions, led by buying in metal, private banking, oil and gas, housing finance, telecommunication, insurance, commodities and financial services shares. The benchmark equity index closed higher, while the broader index recorded a modest gain after retreating from an intraday level above the psychological threshold during the newly introduced Closing Auction Session. Investor sentiment was supported by easing interest-rate concerns, strong earnings momentum, resilient economic growth and domestic demand, but was constrained by profit booking, geopolitical tensions and crude-oil price risks.
FEMA / RBI
Dated:- 4-9-2026
PTI
India's foreign exchange reserves increased to a fresh all-time high, supported principally by higher foreign currency assets and gold reserves. Reserve accumulation has continued after concessional foreign-exchange swap initiatives introduced amid local-currency depreciation. Foreign currency assets, expressed in United States dollar terms, also reflect valuation effects from movements in currencies such as the euro, pound and yen. Special drawing rights and the reserve position with the International Monetary Fund declined marginally.