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During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.

Arbitration clauses do not bar an operational creditor from pursuing the statutory insolvency remedy, even where arbitration is available or has been initiated, provided debt and default are established. A settlement amount arising from disputes connected with the supply of raw cotton constitutes operational debt because it is a claim in respect of goods; the claimant is therefore an operational creditor. A damages claim raised only in reply to the demand notice, without prior genuine adjudicatory or arbitral pursuit and supported only by limited correspondence, is not a pre-existing dispute. The rejection of the operational debt application was quashed, and admission and further proceedings were directed in accordance with law, including moratorium.

PMLA adjudication permits a single-member Adjudicating Authority constituted by its Chairperson to include a non-judicial member, because attachment scrutiny does not transfer High Court functions and appellate review remains available. Provisional attachment requires recorded reasons to believe that non-attachment may frustrate proceedings; factual challenges to that satisfaction lie through the statutory appellate process. The Adjudicating Authority must independently record reasons to believe that a person possesses proceeds of crime before issuing notice. Properties acquired before the scheduled offence may also be attached in proceeds-of-crime proceedings. Challenges to the single-member order, attachment reasons, independent satisfaction and pre-offence property attachment were rejected in writ jurisdiction.

PMLA attachment of a company's properties requires a demonstrated nexus between the alleged proceeds of crime and a scheduled offence. Share application money linked to coal-block allocation could not be treated as proceeds of crime where investor statements did not show that the allocation induced the investments, and allegations of director-controlled entities or public-fund involvement lacked supporting particulars, complaint or FIR. The attachment confirmation was set aside for the appellant company because the requisite connection between the funds and the scheduled offence was not established.

Under the Prevention of Money Laundering Act, provisional attachment may extend to buildings and infrastructure representing the value of proceeds of crime where material establishes a rational nexus between alleged scheduled offences, the generation of criminal proceeds and their use in creating the property. Money-laundering does not depend on the commercial success or failure of the underlying enterprise; the relevant inquiry is whether property was directly or indirectly derived or obtained through criminal activity relating to a scheduled offence. Attachment may apply to persons connected with proceeds of crime even if they are not accused in the scheduled offence. Disputes concerning reciprocal obligations under a memorandum of understanding do not determine attachment proceedings.

Section 73(4B)(b) requires service-tax adjudication, where possible, within one year when the extended period is invoked. The qualification permits only a reasonable and legally justifiable departure, not an unrestricted power to keep a show-cause notice pending for an inordinate period. Where the notice material enabled adjudication and no adequate explanation existed, representations or claimed adjournments could not justify prolonged delay. Unexplained delay rendered the adjudication arbitrary, contrary to Section 73(4B)(b) and Article 14, leading to quashing of the service-tax order. Availability of a statutory appeal did not bar writ jurisdiction because the challenge raised a legal question and involved arbitrary adjudication.

CENVAT credit on input services received at premises omitted from a centralised registration cannot be denied solely because those premises are unregistered. In contrast, works contract services used to construct or set up BPO branches fall within the exclusion for construction of buildings or civil structures, making related credit inadmissible. Where disputed credit was disclosed in ST-3 returns and refund claims, audit detection alone does not establish suppression or other conditions for extended limitation; recovery is confined to the normal period and requires recomputation. Interest follows on recoverable inadmissible credit, but penalties based on suppression or failure to include premises are unsustainable without the requisite contravention or intent to evade.

Composite engineering assignments involving drawing assistance, development, technical clarification, material specifications, quality coordination and dispatch assistance are classifiable by their essential character as Consulting Engineer Service, rather than Technical Inspection and Certification Service where inspection is only incidental and independently uncharged. Services supplied to a foreign contractual recipient for convertible foreign exchange qualify as exports where the recipient is the user; physical performance in India does not displace export treatment. From 1 July 2012, the physical-availability-of-goods rule applies only when goods must be physically available to provide the service, so the foreign recipient's location g.....

Forensic audit was ordered to trace the dissipation of promoter shareholding and other assets represented as available to satisfy a foreign arbitral award. Conflicting accounts concerning share transfers, loans, pledges, top-up arrangements, encumbrances, and use of proceeds required factual reconstruction rather than resolution on existing material. The audit extends to concerned entities, banks and financial institutions, notwithstanding the decree holder's later request to exclude banks, because they may have assisted in breach of court orders. Separate corporate personality does not prevent examination of a listed company's possible knowledge, facilitation, and regulatory compliance where common controllers may have used the structure to frustrate execution. The audit determines no present liability; consequential issues remain open.

Corp. Laws / SEBI / IBC
Dated:- 3-9-2026
PTI
Operational leadership for bilateral economic engagement is strengthened through the appointment of Shuchita Sonalika as the first Chief Operating Officer of the Canada-India Business Council. The appointment is directed toward enhancing the council's capacity to support expanding investment and economic relations between Canada and India, in coordination with its board, members and partners. Sonalika brings international affairs experience in advancing India's economic partnerships across global markets.

Corp. Laws / SEBI / IBC
Dated:- 3-9-2026
PTI
Regulatory certainty, ease of compliance and investment facilitation are identified as central elements of India's economic reform orientation. The Insolvency and Bankruptcy Code is included among reforms supporting regulatory certainty, reduced paperwork and easier compliance. Policy priorities include infrastructure development, artificial intelligence and data centres, credit access for MSMEs, reduction of banks' non-performing assets, fiscal discipline, and investment facilitation by central and state governments.

Gift of immovable property without consideration is ordinarily assessed by reference to stamp duty value, but receipt from a relative is excluded from taxation as income from other sources. The wife of the donee's biological maternal or paternal uncle supports that exemption, and a valid registered adoption deed provides an additional relationship basis. KYC records retaining the biological father's name do not alone determine taxability. For future capital gains, the donee's tax cost generally follows the previous owner's acquisition cost; stamp duty value does not automatically become tax cost.

FEMA / RBI
Dated:- 2-9-2026
PTI
Japan Credit Rating Agency upgraded India's foreign-currency and local-currency long-term issuer ratings to A-, citing solid economic growth, strengthened growth-oriented policies and improved financial-system soundness. Improved banking asset quality, insolvency mechanisms, government capital infusion and stronger central-bank supervision support financial resilience. Fiscal quality has improved through greater infrastructure-focused capital expenditure and restraint in current spending, while a contained current-account deficit, services surplus and substantial foreign-exchange reserves support resilience to external shocks.

FEMA / RBI
Dated:- 2-9-2026
PTI
Foreign capital inflows and modest foreign institutional equity purchases supported rupee appreciation against the US dollar despite weak domestic equities, elevated crude oil prices and a stronger dollar. RBI monitoring and apparent currency-market intervention supported the rupee amid risk aversion, higher US Treasury yields and concerns over crude supply disruptions. Forthcoming US employment data remained relevant to dollar and rupee direction.

FEMA / RBI
Dated:- 2-9-2026
PTI
Foreign Currency Non-Resident (Bank) [FCNR(B)] deposits are fixed-term foreign-currency deposits for non-resident Indians, with principal and interest repayable in the deposit currency and without direct rupee exchange-rate risk. A special central-bank programme mobilised substantial FCNR(B) deposits, alongside overseas foreign-currency borrowings and external commercial borrowings, to strengthen foreign-exchange liquidity. Banks received hedging-cost support and permission to lend against the deposits. The facility was closed earlier than scheduled after its mobilisation objective was met.

2026 (3) TMI 1754
Case Laws Money Laundering
Money-laundering bail conditions remain unmet where financial links and transaction patterns indicate active participation in the alleged offence.
Section 45 of the Prevention of Money Laundering Act requires reasonable grounds to believe that an accused is not guilty of money laundering and is unlikely to commit an offence while on bail. Statements recorded under Section 50 may be considered as admissible material at the bail stage. Financial transactions, property acquisitions through a company, unsecured loans, multiple accounts and links with co-accused may prima facie indicate participation in concealing, acquiring, using or projecting proceeds of crime as untainted. Coordinated transactions and associate involvement may also support a risk of further similar activity. The applicant failed to satisfy either statutory condition for regular bail.

2019 (4) TMI 2197
Case Laws IBC
Stay of insolvency proceedings: multiple corporate insolvency petitions remain suspended pending further directions in connected contempt proceedings.
Multiple corporate insolvency petitions pending before the Tribunal were stayed until further orders. The connected contempt petition was fixed for hearing, with the respondents concerned directed to remain personally present on the next hearing date. Applications seeking directions and intervention in the special leave proceedings were also directed to be listed with the contempt petition. The operative effect is suspension of further action in the specified insolvency matters pending further directions.

Road and Infrastructure Cess on petrol and diesel cleared for export is amended by substituting the entry against serial number 2 in the relevant rate table with Rs. 1 per litre. The revised cess rate takes effect from 1 September 2026, the date of publication in the Official Gazette.

The effective rate of Special Additional Excise Duty on Aviation Turbine Fuel cleared for export is amended to Rs. 19 per litre by substituting the entry against serial number 1 in Notification No. 08/2026-Central Excise. The revised rate takes effect from 1 September 2026, the date of publication in the Official Gazette.

The central excise rate entry at serial number 1, column (4), under Notification No. 06/2026-Central Excise is substituted with "Rs. 1.5 per litre". The amendment changes that table entry and takes effect on 1 September 2026, the date of publication in the Official Gazette.

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