Advanced Search Options : ❯
Correct PAN accounting prevents duplicate additions for receipts and bank-funded credit-card business expenditure where records establish prior tax disclosure.
Receipts reflected under an earlier PAN cannot support an estimated-profit addition where Form 26AS corrections, ledgers and audited accounts establish that the same receipts were recorded and offered to tax under the correct PAN. This prevents duplicate taxation of already disclosed contract receipts and service charges. Credit-card payments cannot be treated as unexplained expenditure under Section 69C where they were paid through the regular bank account, recorded as business expenditure, and no material shows an unexplained source. Reliable accounting records therefore preclude separate additions for previously accounted income or expenditure.
Section 153C initiation follows seized-material handover, invalidating proceedings commenced after the statutory cutoff for non-searched persons.
Section 153C treats, for a person other than the searched person, the Assessing Officer's receipt or handover of seized material as the initiation date under its first proviso. Section 153C(3) excludes its application to searches initiated on or after 1 April 2021. Where satisfaction was recorded and seized material was taken up for proceedings on 14 November 2022, jurisdiction under Section 153C was unavailable. The original search date relating to the searched persons could not govern proceedings against the other assessee. The notice and consequential assessment therefore lacked jurisdiction and were quashed.
Notional annual value of unsold builder inventory was not taxable as house-property income before Section 23(5) took effect.
Notional annual letting value of completed but unsold flats held by a builder as stock-in-trade was not taxable as income from house property for Assessment Year 2017-18. Section 23(5), effective from 1 April 2018, subsequently created a specific framework for determining annual value of stock-in-trade and allowed a temporary nil valuation period. Before that effective date, no specific charging provision authorised taxation of notional annual letting value for such unsold inventory. Charging provisions require strict construction and cannot be extended without clear statutory authority.
Misreporting penalties require proof of deliberate falsity; a disclosed donation deduction disallowance alone cannot sustain penalty.
Penalty for misreporting income cannot rest solely on disallowance of a disclosed deduction claim for lack of satisfaction about a donation's genuineness. Misreporting requires material showing false evidence, suppression, deliberate misrepresentation, or knowingly fabricated particulars. Penalty proceedings remain independent of assessment proceedings, and failure to challenge the quantum addition does not amount to an admission of misreporting. A penalty for misreporting is also unsustainable where the applicable statutory limb is not specified. On these grounds, the penalty relating to the deduction claim was deleted.
Reassessment notice limitation: dispatch after the statutory deadline invalidates the notice and consequential reassessment order.
Reassessment notices must be issued and dispatched within the prescribed limitation period; signing the notice before the deadline is insufficient where issuance and dispatch occur after it. A notice signed on 31 March 2021 but issued and dispatched on 1 April 2021 was therefore time-barred and invalid. Because the consequential reassessment order rested entirely on the invalid notice, it could not survive and was likewise invalid.
Penalty for misreporting under section 270A is addressed in relation to a disallowed deduction for political contributions under section 80GGC. Disallowance of a transparently disclosed claim, without material showing false evidence, suppression of facts or deliberate misrepresentation, does not by itself establish misreporting. Penalty proceedings must also identify the applicable limb of section 270A(9); failure to specify that statutory basis makes a penalty for under-reporting arising from misreporting unsustainable. On these grounds, the section 270A penalty was deleted, although other objections to the penalty proceedings failed.
News and Press Release
Dated:- 9-9-2026
India and Thailand discussed expansion of bilateral trade and investment, stronger business-to-business linkages, trade-promotion activities, and wider market opportunities for enterprises. Progress in reviewing the ASEAN-India Trade in Goods Agreement was considered, with emphasis on time-bound engagement through the India-Thailand Joint Trade Committee. The discussions supported a balanced and mutually beneficial framework for greater market access, resolution of market-access issues, and stronger regional and global supply-chain linkages.
Circular No. PUBLIC NOTICE No. 80/2020 Dated:- 8-7-2020 Trade Notice Dated:- 8-7-2020 Trade Notice
Turant Suvidha Kendra is to be established as a single-point trade interface under the Trade Facilitation Cell within centralised and other sections. A committee of Commissioners must determine procedures for location, document handling and electronic maintenance, functions, staffing and training. Commissioner of Customs, Nhava Sheva-III must specify the Kendra's functions, location, timings, contacts and staffing, guide importers and Customs Brokers, issue staff directions, and monitor operational efficiency. Staffing changes require competent-authority approval.
Circular No. Instruction No. 15/2026 Dated:- 9-9-2026 Order-Instruction Dated:- 9-9-2026 Order-Instr...
EPR registration is mandatory for importers of plastic packaging, packaged commodities, plastic raw materials and intermediate materials used for plastic packaging manufacture. Customs officers must verify EPR registration certificates before clearing covered import consignments. Certificates indicating one-year validity are to be treated as one-time registration certificates that do not require renewal under the applicable Plastic Waste Management Rules amendment and are valid proof of EPR registration for import clearance.
Operational debt and default supported by invoices and an unrebutted demand notice can justify corporate insolvency resolution process commencement.
Commencement of the corporate insolvency resolution process on an operational creditor's application requires proof of operational debt and default, compliance with demand-notice requirements, an affidavit confirming no dispute, and supporting records. Invoices, purchase orders and ledger accounts may establish unpaid liability where it exceeds the statutory threshold. Dealings involving a corporate debtor's parent company and the creditor's sister concern do not negate the debtor's liability for its own transactions. Failure to reply to the demand notice supports the absence of a dispute and establishment of default.
PMLA / Black Money
Dated:- 9-9-2026
PTI
The Enforcement Directorate sought an anti-corruption FIR against Pinarayi Vijayan, Veena T, P. A. Mohamed Riyas and others on material gathered during a money-laundering investigation. It alleged that Cochin Minerals and Rutile Ltd made fraudulent payments to Exalogic Solutions, Veena's now-defunct company, under the guise of IT consultancy services. Vijayan criticised the investigation as politically motivated and as an attempt to target the cooperative sector.
Notification No. S.O. 4937(E) Dated:- 7-9-2026 Special Economic Zone
Central Government de-notifies 1.4310 hectares from the Information Technology and Information Technology Enabled Services Special Economic Zone at Rachenahalli, Nagavara and Tanisandra villages in Bangalore district, Karnataka. Exercising powers under the Special Economic Zones Act, 2005 and rule 8 of the Special Economic Zones Rules, 2006, the total designated area stands at 17.7681 hectares.
Corp. Laws / SEBI / IBC
Dated:- 9-9-2026
PTI
Evidentiary scrutiny of conflicting historical trading data is required in the challenge to regulatory penalties arising from an alleged misleading open-market share buyback announcement. The Securities Appellate Tribunal must examine the discrepancy between the investigation report and exchange-furnished trading data, determine which data accurately reflects the trading position, and record specific findings on identified discrepancies. The allegations concern inadequate buy orders despite available sell orders, failure to utilise the prescribed minimum buyback size, and fraudulent conduct under unfair trade practices and buyback requirements.
Revenue deductibility, no-exempt-income disallowance and guarantee benchmarking preserve real-estate developer's interest, forex-loss and book-profit treatment.
Interest incurred by a real-estate developer is deductible as revenue expenditure rather than capitalised to work-in-progress where consistent treatment under Section 36(1)(iii) continues and facts remain unchanged. No Section 14A disallowance, or related book-profit adjustment, arises where no exempt income is earned; the explanation effective from 1 April 2022 does not apply to the relevant assessment year. Foreign-exchange loss on monetary items is recognised in profit and loss and cannot be included in inventory or project cost. Corporate-guarantee commission is benchmarked at arm's length under an interest-saving approach considering creditworthiness, tenure, currency, lending comparables and shared interest benefit.
Notification No. S.O. 4936(E) Dated:- 3-9-2026 Special Economic Zone
Central Government has expanded the sector-specific Special Economic Zone for Information Technology and Information Technology Enabled Services at Plot No. CF7, Sector-22, Nava Raipur, Atal Nagar, Chhattisgarh. An additional area of 2.708437 hectares is included under the Special Economic Zones Act, 2005 and the Special Economic Zones Rules, 2006, following the Board of Approval's recommendation. The total notified area of the Special Economic Zone consequently becomes 5.412488 hectares.
Notification No. S.O. 4935(E) Dated:- 7-9-2026 Special Economic Zone
Rescission of the earlier Special Economic Zone notification de-notifies the entire 60.70-hectare area established for Information Technology and Information Technology Enabled Services at Mamidipalli Village, Saroornagar Mandal, Ranga Reddy District, Telangana, on the proposal of M/s. Brahmani Infratech Limited. The Central Government exercises its power under the first proviso to rule 8 of the Special Economic Zones Rules, 2006 to rescind the prior notification, while preserving acts done and omissions occurring before the rescission took effect.
Passing off for dissimilar goods requires broad reputation, while dishonest copying of an artistic label attracts copyright protection.
Passing off involving wholly dissimilar goods requires stronger proof of misrepresentation and a real likelihood of damage. Where protection is claimed for a business rather than particular goods, the claimant must show a sufficiently extensive reputation for the public to associate the other business with it. A reputation confined to telecommunications did not establish that liquor purchasers would associate the liquor business with the claimant. Independently, a prior artistic label comprising the word mark, font, design and colour scheme received copyright protection where identical reproduction constituted dishonest copying. Copyright in the artistic work supported injunctive protection despite the absence of an independently established passing-off claim.
Notification No. S.O. 4934(E) Dated:- 3-9-2026 Special Economic Zone
Central Government has included an additional area of 1.14 hectares in the sector-specific Special Economic Zone for Electronic Hardware and Software, including Information Technology and Information Technology Enabled Services, at Kurubarapalli, Krishnagiri District, Tamil Nadu. The inclusion increases the total notified SEZ area from 10.96 hectares to 12.10 hectares. The added land comprises parts of Survey Nos. 16/1B2A and 16/1B2B in Kurabarapalli village, following the developer's proposal and recommendation for area inclusion.
Customs & Trade
Dated:- 9-9-2026
PTI
Elevated international crude prices, combined with unchanged retail petrol and diesel rates, have produced negative marketing margins for state-owned fuel retailers and under-recoveries on domestic LPG. India's reliance on imported crude increases exposure to a higher import bill, trade-balance pressure and currency weakness. Sustained crude-cost increases may feed into domestic inflation through fuel, transport and energy costs, while also raising input costs for oil-sensitive industries and constraining monetary easing if inflation broadens.
Circular No. HO/47/16/13(5)2026-MRD-POD1/ I/20735/2026 Dated:- 9-9-2026 Circular Dated:- 9-9-2026 Ci...
Client-level open-interest breaches in commodity derivatives attract daily monetary penalties based on excess position, closing price, duration and a two-percent rate, subject to different caps according to the extent of breach. Members must reduce excess positions by the next trading day, failing which exchanges may square off the excess without further notice. Repeated breaches can trigger one-day square-off mode and additional equivalent penalties, subject to an exception for breaches exclusively caused by clubbing of positions. Client-level position limits remain linked to annual deliverable supply and commodity classification.