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2024 (7) TMI 1822
Case Laws Income Tax
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SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER For the Applicant : Shri Mukesh Singhal, Advocate For the Respondent : Shri Jatender Kumar Kale, CIT-DR ORDER PER PRADIP KUMAR KEDIA - A.M.: The captioned appeal has been filed by the assessee against the order of the Additional / Joint Commissioner of Income Tax (Appeals)-3, Hyderabad ('CIT(A)' in short) dated 10.01.2024 arising from the assessment order dated 16.03.2023 passed by the Assessing O... ... ...

Benami character under Section 2(9)(A) depends on the real relationship between consideration, holding and the direct or indirect benefit of the person providing funds, rather than transaction form. Bank funds and their proceeds may constitute property. A cash-to-bank trail through entities controlled by an alleged benamidar, supported by a sworn statement and surrounding commercial circumstances, may outweigh invoices and ledgers lacking independent substantiation. Procedural fairness requires disclosure of relied-upon material and a meaningful opportunity to respond; denial of cross-examination requires demonstrable prejudice. Provisional attachment remains subject to adjudication, hearing and appeal, while temporal application of amended definitions turns on whether property was transferred or continued to be held after commencement.

Entry 34 of List II permits State legislation regulating or prohibiting betting on uncertain outcomes, including outcomes of predominantly skill-based games. The constitutional distinction is between the skill game itself and a wager placed on its uncertain result: a stake, uncertainty and expectation of gain bring the activity within betting and gambling, regardless of the game's skill classification. Genuine participation fees for skill competitions may remain distinct from outcome-linked stakes, requiring examination of the payment's function and the event's structure. Statutory exemptions for wagering on games of skill are matters of legislative policy and may be withdrawn. Online money-gaming restrictions may additionally rely on publi.....

2024 (7) TMI 1821
Case Laws Indian Laws
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MANISH PITALE, J. For the Applicant : Adv. Ratnadeep Meshram a/w Adv. Harshad Meshram a/w Ms. Shweta Khakare For the State-Respondent : Ms. Tanveer G. Khan, APP Ms. Ameeta Kuttikrishnan for respondent No.2-NCB Spl. P.P PC.: 1. Heard Mr. Meshram, learned counsel for the applicant, and Ms. Kuttikrishnan, Special Public Prosecutor appearing for the contesting respondent No.2, i.e. Narcotics Control Bureau. 2. The applicant in the present case is seeking bail in connection with C.R. N... ... ...

Section 107 of the CGST Act confines GST appeals to a three-month filing period, with condonation by the Appellate Authority limited to one further month upon sufficient cause. Section 5 of the Limitation Act cannot enlarge that statutory ceiling. Limitation runs from communication; portal availability and postal service under Section 169 may require factual scrutiny, while Rule 108 governs electronic or permitted manual filing where an order is unavailable on the portal. Statutory pre-deposit triggers a deemed stay of recovery for the balance demand. Article 226 may exceptionally restore an unheard appeal where defective communication, prompt action after knowledge and material procedural unfairness justify relief, but is not a routine cure for delay or inaction.

Wrong-head GST remittances, where a taxpayer timely pays the full aggregate liability but selects an incorrect tax head, are distinct from a later correction of a supply's inter-State or intra-State character. Sections 19 of the IGST Act and 77 of the CGST Act, with Rule 89(1A), address classification errors and the related refund framework, not a pure allocation error. An identifiable wrong-head payment may be appropriated against the correct CGST and SGST liabilities rather than requiring duplicate payment followed by refund. Where funds remain in the electronic cash ledger, Section 49(10) and Rule 87(13) permit inter-head transfer through FORM GST PMT-09; refund may be procedurally necessary if transfer is unavailable.

CODE OF CONDUCT FOR MEMBERS
Act Rules Indian Laws
Regulation 3A of the International Financial Services Centres Authority (Performance Review Committe...
^1[3A. (1) Every member of the Committee shall sign a declaration as specified in the Schedule. (2) The following code aims at providing broad guidance to Members of the Committee on their ethical conduct, which shall help enhance public trust: (i) Members shall act in a manner consistent with the integrity, dignity and reputation of their office. (ii) Members shall disclose any conflict of interest with regard to any matter that comes up for decision or otherwise to the... ... ...

Notification No. S.O. 5199(E) Dated:- 17-11-2025 Information Technology
MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (Personnel-I Section) NOTIFICATION New Delhi, the 17th November, 2025 S.O. 5199(E).- In supersession of this Ministry's Notification No. 2(1)/2017-Pers.I (Pt.) dated 21st October 2025 published in the Gazette of India vide S.O. 4769(E) on 21st October 2025; and in exercise of the powers conferred by sub-section(1) of section 69A of the Information Technology Act, 2000 (21 of 2000) read with rule 3 of the Information Technology (P... ... ...

Notification No. S.O. 5198(E) Dated:- 14-11-2025 Information Technology
Designation of a Nodal Officer assigns the Joint Secretary, IT Cell in the Ministry of Labour and Employment responsibility for intermediary-related matters involving misinformation about the Ministry and its schemes or initiatives. The role also covers fake websites and URLs claiming affiliation, impersonation including fraudulent job offers, and unauthorised use of the Ministry's name, logo, or digital content.

Notification No. F. No. IFSCA/GN/2025/9 Dated:- 29-9-2025 Indian Law
Independent-expert nomination is barred where a proposed member is 75 or older on appointment, insolvent, convicted of an offence punishable by at least 180 days' imprisonment, incapable of duty, or has an unresolved material conflict of interest. Members must sign a fidelity and secrecy declaration, disclose conflicts and recuse where necessary, preserve confidentiality, and maintain probity. Quorum is half the Committee's strength, including at least one Authority member and one independent expert; each member has one vote and the Chairperson has a casting vote.

2023 (8) TMI 1741
Case Laws Income Tax
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SHRI PRASHANT MAHARISHI, AM AND MS. KAVITHA RAJAGOPAL, JM For the Assessee : Mr. Vijay Mehta, Adv. For the Revenue : Mr. Nihar Ranjan Samal, Sr. AR ORDER PER PRASHANT MAHARISHI, AM:  01. ITA number 2427/M/2022 is filed by the Asus India private limited for assessment year 2018-19 against the assessment order passed under section 143 (3) read with section 144C (13) read with section 144B of The Income Tax Act, 1961 [ the Act] dated 26 July 2022 passed by assessment unit of inc... ... ...

Notification No. F. No. IFSCA/GN/2025/10 Dated:- 29-9-2025 Indian Law
Definition of "Board" in the payment and settlement systems framework is substituted to mean the Payments Regulatory Board constituted under sub-section (2) of section 3 of the Act. This replaces the earlier clause (d) of regulation 3(1), making the statutory constitution of the Payments Regulatory Board the controlling basis for the term's meaning.

Notification No. 11(6)/2012-CLFE Dated:- 16-11-2012 Information Technology
Cyber Regulations Advisory Committee is constituted under section 88 of the Information Technology Act, 2000, replacing the earlier committee constitution while preserving prior acts and omissions. Its membership combines ministers, senior government officials, rotating State and technical representatives, law-enforcement, certifying-authority, industry, internet-service-provider and trade-body representation. Non-official members may receive travelling and dearness allowances under Central Government rules, and persons may be co-opted for specified meetings.

Notification No. F. No. IFSCA/GN/2025/11 Dated:- 13-10-2025 Indian Law
Listed entities must disclose financial statements for the first half of the financial year to recognised stock exchange(s) immediately after board approval and no later than forty-five days after the first half-year ends. The amendments also replace one hundred and thirty five with one hundred and eighty in regulation 16(8), and replace five with eight in regulation 25(2), regulation 52(3), and regulation 65.

Notification No. IFSCA/GN/2025/5 Dated:- 8-7-2025 Indian Law
TechFin and Ancillary Service Providers must obtain registration before operating in an IFSC and may provide only permitted support and technology services that facilitate specified financial services. Applicants must meet prescribed legal-form, jurisdictional and fit-and-proper requirements, complete the application process, and report material changes. Providers must appoint required officers, serve eligible Intermediaries or Service Recipients, operate principally in Specified Foreign Currency, maintain records and submit required reports. The Authority may seek information, inspect operations, relax requirements on recorded reasons, and take action for contraventions after written submissions.

Notification No. 9(16)/2004-EC Dated:- 16-1-2014 Information Technology
National Critical Information Infrastructure Protection Centre is designated as the national nodal agency for Critical Information Infrastructure Protection under the Information Technology Act, 2000. The designation assigns national-level nodal responsibility for the protection of critical information infrastructure to that Centre.

Notification No. 2(3)/2019-CLES Dated:- 26-11-2019 Information Technology
Regional Forensic Science Laboratory, Northern Range, Dharamshala, District Kangra, Himachal Pradesh, is notified as an Examiner of Electronic Evidence within India. Its authorised scope includes computer media forensics, excluding floppy disk drives, and mobile device forensics.

2024 (9) TMI 1973
Case Laws Income Tax
Misreporting penalty notices must identify the precise statutory charge; notices alleging only under-reporting cannot support enhanced penalty.
Section 270A distinguishes under-reporting from misreporting of income and subjects misreporting to specific statutory contingencies. A notice commencing penalty proceedings must identify the exact charge and the relevant misreporting limb, enabling the assessee to respond effectively. Where notices refer only to under-reporting and omit both the misreporting charge and the applicable statutory limb, a penalty imposed for misreporting is unsustainable.

Notification No. S.O. 3603(E) Dated:- 5-8-2025 Information Technology
Core Banking Solution and Unified Payments Interface Switch computer resources, including associated dependencies, are declared protected systems as Critical Information Infrastructure. Punjab & Sind Bank may specify in writing authorised persons for access, including designated employees, managed-service-provider personnel or third-party vendors on a need-based basis, and consultants, regulators, government officials, auditors or stakeholders on a case-by-case basis.

Notification No. S.O. 3602(E) Dated:- 5-8-2025 Information Technology
Computer resources supporting Tamilnad Mercantile Bank Limited's Core Banking Solution and Unified Payments Interface Switch, including associated dependencies, are declared protected systems as Critical Information Infrastructure. The bank may authorise access by written order for designated employees, need-based managed-service-provider personnel or third-party vendors, and consultants, regulators, government officials, auditors or stakeholders on a case-by-case basis.

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