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2007 (5) TMI 701
Case Laws SEBI
Fraudulent market manipulation through misleading buyback publicity triggered PFUTP violations and a two-year securities-market restraint.
PFUTP Regulations prohibit transactions that artificially affect securities prices, create a false or misleading appearance of trading, disseminate materially misleading information likely to induce securities dealings, or otherwise employ fraud in securities transactions. A preferential allotment to related shareholders, followed by a buyback announcement at a substantially higher price despite inadequate resources, withdrawal without corresponding public advertisement, dematerialisation and substantial share offloading, was treated as an orchestrated scheme. The resulting abnormal price and volume movements artificially created demand and induced investor purchases, constituting market manipulation, misleading information and unfair trade practices; the participants were restrained from securities-market access and dealings for two years.

Circular No. Circular No. 13/2020-GST Dated:- 19-8-2020 Delhi SGST Dated:- 19-8-2020 Delhi SGST
Lending of securities under the Securities Lending Scheme, 1997 is a taxable GST service because temporary lending for a fee does not involve disposal of securities. The lender's fee is consideration, while intermediary services facilitating lending and borrowing for commission or fees are separately taxable. For the earlier period, the lender was liable under forward charge; from 1 October 2019, the borrower is liable to pay IGST under the reverse charge mechanism.

2021 (3) TMI 1499
Case Laws Income Tax
Additional tax claims may be raised in appellate proceedings despite omission from the original return or assessment stage.
Appellate authorities may admit and adjudicate additional grounds for dividend exemption and depreciation on Government securities even where those claims were omitted from the original return and not raised before the Assessing Officer. The restriction recognised in Goetze (India) Ltd. applies to the Assessing Officer's power to accept a fresh claim without a revised return; it does not limit statutory appellate jurisdiction. Because appellate proceedings aim to determine the correct tax liability, the appellate authority has broad power to consider such additional claims on their merits. Refusal to entertain them was unsustainable.

Circular No. PUBLIC NOTICE NO. 132/2020 Dated:- 13-10-2020 Trade Notice Dated:- 13-10-2020 Trade Not...
Faceless assessment clearance grievances concerning Bills of Entry filed at Nhava Sheva are channelled through the Facilitation Helpdesk operated by the Turant Suvidha Kendra. Importers, exporters, customs brokers and other stakeholders may approach the Superintendent or Appraising Officer for grievances relating to Bill of Entry clearance within Mumbai Customs Zone-II. A designated Joint/Additional Commissioner serves as the nodal officer and single escalation point for urgent clearance grievances.

Customs & Trade
Dated:- 11-9-2026
PTI
BRICS members and partner countries are encouraged to link payment systems, expand local-currency trade settlement, and make digital trade globally accessible. Market-access priorities include opening goods and services markets, reducing non-tariff barriers, simplifying regulatory procedures, and facilitating faster consignment clearance. Proposed cooperation also addresses diversified supply chains, professional qualification recognition, agricultural technology, trade-finance access for micro, small and medium enterprises, digital trade documentation, and platforms for agricultural commodity trading and investment cooperation.

Circular No. Circular No. 8/2020-GST Dated:- 13-7-2020 Delhi SGST Dated:- 13-7-2020 Delhi SGST
Government services supplied to business entities for consideration, including grants of licences and privileges, are generally taxable under GST through reverse charge. State Government grants of licences for alcoholic liquor for human consumption against licence or application fees are, however, treated as neither a supply of goods nor a supply of services. The corresponding pre-GST service was exempted from Service Tax for the relevant period. This special dispensation is limited to alcoholic liquor licences and does not apply to other fee-based licences or privileges.

1979 (1) TMI 252
Case Laws Indian Laws
Res judicata bars renewed challenges to agreement enforceability when the same issue between contesting parties was finally decided earlier.
Appellate courts may allow pleadings to be amended to introduce res judicata, subject to ordinary amendment principles, including delay and an adequate explanation for not raising the plea earlier. Availability of all relevant material on record can support, but is not indispensable to, such an amendment. Res judicata bars a later declaratory suit where the same material issue between the same contesting parties was finally determined earlier, even if the reliefs differ or additional parties are joined. A prior determination that an agreement and surety bond remained enforceable through ratification therefore precludes renewed litigation over non-compliance with Article 299.

Definitions - Definition / Legal Terminology
A registered non-profit organisation is a person with valid registration under a specified provision for the purposes of Part B. The status applies only while that registration remains uncancelled.

Registration
Manuals Income Tax
Definitions - Definition / Legal Terminology
Registration for Part B concerning NPOs includes provisional registration, provisional approval and approval recognised under the specified income-tax registration and exemption framework, including registration under section 332. It excludes approval relating to the specified donor-deduction regime and approval under section 354.

Circular No. Circular No. 12/2020-GST Dated:- 11-8-2020 Delhi SGST Dated:- 11-8-2020 Delhi SGST
A registered person who inadvertently filed a NIL refund claim in FORM GST RFD-01A/RFD-01 may seek refund again for the same period by filing under the "Any Other" category with the required supporting documents. For specified unutilised input tax credit refund categories, refiling requires that no subsequent-period refund claim under the same category has been filed. The proper officer examines eligibility, determines the admissible amount, may require electronic credit ledger debit through FORM GST DRC-03, and may issue the prescribed refund and payment orders after proof of debit.

Commercial Activity
Manuals Income Tax
Definitions - Definition / Legal Terminology
Commercial activity for purposes of Part B concerning NPOs includes trade, commerce, business, and services connected with trade, commerce or business, where a cess, fee or other consideration is received. Its characterisation is unaffected by the use, application or retention of the resulting income.

Notification No. IFSCA/GN/2025/1 Dated:- 4-2-2025 Indian Law
Recognition of bullion exchanges and bullion clearing corporations requires demutualised companies with fit-and-proper management and shareholders, compliant ownership and governance structures, prescribed net worth, and adequate infrastructure. Exchanges must provide screen-based trading, real-time surveillance, member regulation, grievance redressal and continuity systems. Clearing corporations must maintain risk-management, netting, novation, settlement-guarantee, member-connectivity and orderly wind-down arrangements. Every exchange must use a bullion clearing corporation for clearing and settlement, and settlement obligations determined under approved bye-laws are final, irrevocable and binding.

Circular No. Circular No. 7/2020-GST Dated:- 5-7-2020 Delhi SGST Dated:- 5-7-2020 Delhi SGST
GST classification separates operational support services for petroleum, natural gas and mining extraction under heading 9986 from geological, geophysical, consulting, mineral exploration and evaluation services under heading 9983. Extraction support includes well-related operations, test drilling connected with extraction and contract operation of extraction units. Geological and geophysical prospecting, feasibility studies, project evaluation, surveying and mineral evaluation are classified separately. Services outside these entries must be classified under their respective headings and taxed accordingly.

Donation
Manuals Income Tax
Definitions - Definition / Legal Terminology
Donation under Part B of the Income-tax Act, 2025 means any voluntary contribution received by a registered non-profit organisation from any person.

PMLA / Black Money
Dated:- 11-9-2026
PTI
Internal party discipline concerning a clash between an elected representative and party workers is being addressed through an inquiry report, prior suspension of two workers, and efforts to secure an amicable resolution. Consideration of a corruption case arising from an Enforcement Directorate request for registration of an FIR is subject to legal advice and a decision on lawful governmental action. The request concerns alleged evidence gathered through investigation and searches under the Prevention of Money Laundering Act.

Circular No. Circular No. 6/2019-GST Dated:- 10-6-2020 Delhi SGST Dated:- 10-6-2020 Delhi SGST
Place of supply for composite software development and integrated-circuit design services supplied to a recipient in non-taxable territory is the recipient's location where prototype hardware testing is ancillary. Testing and validation using hardware samples or test kits, when undertaken to improve quality or confirm that the developed software or design is error-free, forms part of the composite supply and cannot be artificially separated. The performance-based rule for services involving goods physically made available by the recipient does not separately govern such ancillary testing.

2026 (9) TMI 815
Case Laws GST
Personal hearing in adverse GST determinations is essential; orders issued without it require fresh adjudication.
Personal hearing is required before an adverse GST determination is made. Where the Revenue cannot establish that the assessee received an opportunity to be heard, the resulting order breaches the principles of natural justice and is unsustainable. The assessee must receive a fresh determination after being afforded a personal hearing.

Personal hearing before an adverse GST order is required to satisfy principles of natural justice. Where the State cannot establish that an opportunity of hearing was granted, a challenge based on procedural unfairness is sustainable. An adverse GST order issued without such hearing is liable to be quashed, while the Department may pass a fresh order only after providing a proper opportunity of hearing.

2026 (7) TMI 2023
Case Laws Income Tax
Interest deductibility upheld where industrial land served as a trading storage yard and interest-free funds covered investment.
Interest expenditure on borrowings used for business purposes is deductible where industrial land serves as a storage yard for trading inventory. Transport records established business use of the land for storing bulky iron and steel goods, for which open storage was commercially necessary. Capital and interest-free loans exceeding the land investment supported the presumption that the acquisition was funded from interest-free sources. In the absence of defects in the supporting records or adverse verification, disallowance of interest expenditure was unsustainable and was deleted.

Notification No. IFSCA/GN/2026/6 Dated:- 27-1-2026 Indian Law
FMEs may extend a valid placement memorandum for six-month periods when the required minimum corpus is not achieved, subject to prescribed extension fees. Open-ended schemes may invest in unlisted securities only after attaining a minimum corpus of USD 3 million. Winding-up grounds include failure to achieve minimum corpus after raising investor funds without obtaining a valid extension, and voluntary closure where no investors or funds have been onboarded. A transitional period permits appointment of an independent regulated custodian in India or a foreign jurisdiction.

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