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Section 43A of the Information Technology Act, 2000
Section 43A creates compensation liability where a body corporate handling sensitive personal data or information in a computer resource it owns, controls, or operates negligently fails to implement and maintain reasonable security practices and procedures, causing wrongful loss or wrongful gain to a person. Reasonable security practices may be specified by agreement or law, or otherwise prescribed by the Central Government.
Section 40A of the Information Technology Act, 2000
Subscribers holding an Electronic Signature Certificate must perform duties prescribed in relation to that certificate. The provision does not enumerate those duties, leaving their content and scope to prescribed requirements. Compliance is therefore a subscriber obligation linked specifically to the Electronic Signature Certificate.
Customs & Trade
Dated:- 24-9-2026
PTI
Software export revenue generated by Technopark reached Rs 17,092 crore in FY 2025-26, reflecting year-on-year growth of approximately 17.3 per cent. Growth is attributed to IT infrastructure, a skilled talent base, and company performance. Technopark also operates as an IT and ITeS hub and startup ecosystem centre, with ongoing campus development intended to expand its position among major IT hubs.
Mandatory personal hearing under Section 27 invalidates assessment orders issued without that statutory opportunity to be heard.
Personal hearing under Section 27 is mandatory where the governing assessment provision requires it. Assessment orders passed without affording that hearing violate the statutory requirement and principles of natural justice, including where the assessee has filed no reply or objections. Where an earlier remand required a reasonable opportunity and objections were filed, failure to provide a personal hearing renders the assessment unsustainable. A fresh hearing is required before a lawful assessment determination can be made.
Circular No. PUBLIC NOTICE NO. 84 /2020 Dated:- 20-7-2020 Trade Notice Dated:- 20-7-2020 Trade Notic...
Custodian and Customs Cargo Services Provider status for M/s. Central Warehousing Corporation, D' Node Container Freight Station is renewed for five years from 15 March 2020. The custodianship covers imported goods until clearance for home consumption, warehousing or transhipment, and export cargo until exportation after examination and stuffing. The provider must comply with the Customs Act and cargo-area regulations. Approval remains subject to review before expiry for regulatory non-compliance or Government directions.
Special leave petitions against interim orders face dismissal where identical challenges have already been dismissed without merits review.
Special leave petitions were dismissed after similar petitions filed against an interim order had already been dismissed. No substantive GST issue, statutory interpretation, or merits-based determination is identified. Pending applications were disposed of consequentially, leaving the challenge without further consideration before the Court at this stage in the special leave proceedings.
Circular No. Public Notice No. 92/2020 Dated:- 28-7-2020 Trade Notice Dated:- 28-7-2020 Trade Notice
SCMTR registration is mandatory for authorised custodians, carriers, sea agents, terminal operators, e-seal authorisees and transhippers before their Sea Cargo Manifest and Transshipment obligations commence. Unregistered stakeholders must complete onboarding immediately. A dedicated SCMTR Cell facilitates registration, and stakeholders required to furnish a bond or bank guarantee must submit the relevant security to the Cell for system registration and approval by the concerned officer.
Section 10A of the Information Technology Act, 2000
Section 10A ensures that contracts are not unenforceable solely because proposals, acceptances, or revocations are expressed electronically or through electronic records. It applies to communications used in contract formation and accords legal recognition to electronic means for those purposes. The provision was inserted through the Information Technology (Amendment) Act, 2008 and took effect from 27 October 2009.
GST on duty-free shop concession payments faces interim restraint pending determination of taxable territory status.
GST applicability to concession payments relating to arrival and departure duty-free shops beyond customs frontiers remained subject to final adjudication. The claim that the shops were outside the taxable territory provided a prima facie basis for protection, while non-payment risked termination under the concession agreement. Interim restraint against interference and GST levy operated pending adjudication, subject to indemnity bonds and bank guarantees.
Section 7A of the Information Technology Act, 2000
Section 7A applies statutory audit requirements for documents, records, and information to material processed and maintained electronically. Digitisation does not remove records or information from audit obligations imposed under laws in force, and electronic records remain subject to the same applicable audit framework.
Circular No. Public Notice No.93/2020 Dated:- 29-7-2020 Trade Notice Dated:- 29-7-2020 Trade Notice
Online registration or modification of AD Code/IFSC-linked bank accounts in ICES is enabled through ICEGATE, with supporting documents submitted through E-Sanchit. Fresh registration requires a bank authorisation letter, IEC, GST registration certificate, entity and authorised-signatory PAN cards, and a cancelled cheque. IFSC modification additionally requires an NOC from the bank holding the account registered in ICES. Bank confirmation is transmitted directly or cross-checked by email, and verified requests are processed in the system on the same day.
Section 6A of the Information Technology Act, 2000
Section 6A authorises the appropriate Government to appoint service providers for electronic public-service delivery, including establishing, maintaining and upgrading computerised facilities. Authorised providers may include individuals, private entities, partnerships and other permitted bodies offering electronic services under the applicable sectoral policy. They may be permitted to collect, retain and appropriate prescribed service charges from users, including where no express authority for e-service charges exists under the underlying legal framework. Service-charge scales must be officially notified and may differ by service category.
Section 3A of the Information Technology Act, 2000
Electronic signatures may authenticate electronic records where the selected signature or authentication technique is reliable and included in the Second Schedule. Reliability requires exclusive linkage and control of signature-creation or authentication data, detectability of alterations to the signature and authenticated information, and compliance with prescribed conditions. Procedures may be prescribed to verify the purported signatory or authenticator, and only reliable techniques may be included in the Second Schedule.
Circular No. PUBLIC NOTICE NO. - 94/2020 Dated:- 30-7-2020 Trade Notice Dated:- 30-7-2020 Trade Noti...
Review of Customs duty exemption notifications, Customs laws and procedures is opened to stakeholder crowdsourcing to align regulatory requirements with changing needs and promote ease of doing business. Importers, exporters, domestic industry, trade associations, customs brokers, customs staff and the public may submit suggestions through MyGov Innovate by 21 August 2020. Difficulties in using the online facility may be raised with the Addl./Joint Commissioner (Appraising Main, Import) through the specified email channel.
Interim GST Protection Remained Limited While Non-GST Enforcement and Licence-Termination Claims Stayed Open for Consideration
Interim protection concerning GST liability was confined to GST-related claims and did not bar enforcement action for non-GST claims, including termination of a licence or arrangement. Liability for interest, if the interim protection were later vacated or the petition dismissed, remained reserved for further or final orders. Impleadment was permitted, and consideration of vacating or modifying the interim protection was deferred pending a reply. No final adjudication occurred.
Illegal public-service appointments remain void despite long service and cannot generate regularisation or statutory service benefits.
Public-service appointments secured through forged documents, made by unauthorised appointing authorities, or made without sanctioned posts and prescribed open recruitment are void from inception rather than merely irregular. A committee enquiry satisfies natural justice where affected employees receive representation and hearing opportunities and individual findings of unlawful appointment remain unrebutted; a report is not invalid merely because all members do not sign it. Regularisation is confined to qualified persons irregularly appointed against sanctioned vacant posts and cannot validate an illegal entry. Length of service, humanitarian considerations and legitimate expectation do not create rights to salary, pension or retirement benefits without a valid appointment.
Voluntary Service Tax Scheme Election Prevents Subsequent Denial of Declared Tax Liability and Requires Payment of Outstanding Dues
Voluntary election of the Service Tax Voluntary Compliance Encouragement Scheme, followed by part payment of declared dues, precludes a trust from later denying taxability or alleging coercion in exercising the option. A reminder seeking proof of payment or the unpaid balance does not itself affect rights or create an enforceable cause of action. Declared but unpaid dues remain recoverable with interest under the scheme, while substantially false declarations may trigger separate action. The scheme therefore requires payment of the outstanding declared liability, subject to recovery under its provisions and applicable law.
Declaratory writs challenging service-tax liability after voluntary scheme participation are premature without valid grounds against departmental proceedings.
Declaratory writs challenging service-tax liability after participation in the Voluntary Compliance Encouragement Scheme, 2013, require a valid challenge to the underlying departmental proceedings. Participation under the Scheme is voluntary; an unsupported assertion that the application was made under pressure does not establish otherwise. A departmental communication that creates no cause of action cannot sustain declaratory relief. The challenge is therefore premature and misconceived absent legally sustainable grounds against the departmental action.
Special leave jurisdiction: non-interference in an income-tax matter resulted in dismissal without stated substantive legal reasons.
Special leave proceedings in an income-tax matter were dismissed after the Supreme Court declined to interfere, having regard to the facts. No substantive legal principle, statutory interpretation, or reasons for non-interference were specified. Pending applications were also disposed of.
Circular No. PUBLIC NOTICE NO. 51/2026 Dated:- 15-9-2026 Trade Notice Dated:- 15-9-2026 Trade Notice
The 48-hour clearance period for Direct Port Delivery containers excludes Sundays and holidays observed by the Port and Customs, while Saturdays remain included. Containers not cleared within that period are to be shifted by rail to Balmer Lawrie Container Freight Station within 72 hours of landing. Where Customs clearance is not obtained within 72 hours, the containers are treated as ordinary or non-DPD containers. All other DPD procedural conditions remain unchanged.