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2022 (11) TMI 1603
Case Laws Indian Laws
Public interest litigation seeking investigations requires prima facie evidence, procedural disclosures, and prior recourse to authorities and statutory remedies.
Public interest litigation seeking an investigation requires scrutiny of the petitioner's credentials, standing and bona fides, disclosure of known earlier efforts to obtain similar relief, and prima facie material supporting the allegations. Procedural requirements cannot be treated as merely directory; relaxation requires recorded reasons showing that urgent intervention makes compliance impracticable. A writ of mandamus requires a prior request to the appropriate authority and its refusal, and statutory remedies must first be pursued. These requirements govern the maintainability of public interest litigation seeking investigations.

Customs, DGFT & SEZ
Dated:- 2-11-2026
India-EU trade facilitation and market access discussions addressed two-way trade, supply-chain resilience and opportunities for businesses. Both sides reaffirmed their commitment to a fair, balanced and mutually beneficial agreement and agreed to remain engaged on outstanding procedural and implementation issues. Preparations for implementing the India-EU free trade agreement included discussion of customs cooperation and the importance of efficient, transparent and digitally enabled customs procedures in reducing transaction costs and supporting the movement of legitimate trade. Engagement with diamond industry stakeholders addressed certification and traceability requirements, responsible sourcing and opportunities in India's diamond market and manufacturing ecosystem.

News and Press Release
Dated:- 2-11-2026
Competition law approval has been granted by the Competition Commission of India for the acquisition of a shareholding in Navi Limited by MIH Payments Holdings B.V. The acquirer is an indirect wholly owned subsidiary of Prosus N.V. It does not itself undertake any business activity other than holding investments in its portfolio companies, which have business activities in India. Navi Limited is the holding company of the Navi Group, which offers financial services through a single consumer-facing mobile application.

News and Press Release
Dated:- 2-11-2026
Competition Commission of India approval covers the acquisition by Adani Energy Solutions Limited of 100% of the equity share capital of IntelliSmart Infrastructure Private Limited. The sellers in the transaction are National Investment and Infrastructure Fund and Energy Efficiency Services Limited. Adani Energy Solutions Limited is primarily engaged in electricity transmission and distribution and in the deployment of advanced metering infrastructure for electricity in India. IntelliSmart Infrastructure Private Limited is also involved in advanced metering infrastructure for electricity in India and deploys certain smart gas meters in India.

News and Press Release
Dated:- 2-11-2026
Competition Commission of India approval covers the proposed combination involving the merger of Sapphire Foods India Limited with and into Devyani International Limited, together with certain related transactions. Both companies operate KFC and Pizza Hut franchise outlets in India. Devyani is also the exclusive franchisee in India for Costa Coffee, New York Fries and Sanook Kitchen.

News and Press Release
Dated:- 2-11-2026
Competition Commission of India approval covers the proposed acquisition by Aditya Birla Renewables Limited (the acquirer) of 100% of the issued share capital of Solenergi Power Private Limited (the target). The acquisition is to be made from Shell Overseas Investment B.V., the seller in the proposed combination. Aditya Birla Renewables Limited, together with its subsidiaries, is engaged in power generation using renewable energy resources, specifically solar and wind, as well as captive engineering, procurement and construction (EPC) activities. Solenergi Power Private Limited is registered in Mauritius and operates exclusively as a holding company, without any other business activities.

News and Press Release
Dated:- 2-11-2026
Competition clearance from the Competition Commission of India covers Vega SAS's proposed acquisition of 16.2% of Vodafone Group PLC's issued share capital. Vega SAS is a holding company and a wholly owned subsidiary of Maya SAS, a simplified joint-stock company incorporated in France. Vega SAS has no business presence or activity in India on its own; its relevant affiliates undertake business activities there. Vodafone Group PLC provides fixed and mobile services in Europe and Africa, with most revenue generated by core connectivity products and services. In India, Vodafone Group PLC is present through Vodafone Idea Limited.

Circular No. CCT-PEI-POL-155-2021/11599/CT&GST Dated:- 13-9-2024 Orissa SGST Dated:- 13-9-2024 Oriss...
Central Board of Indirect Taxes and Customs clarifications 230/24/2024-GST to 233/27/2024-GST, dated 11 September 2024, apply with necessary modifications in implementing the Odisha Goods and Services Tax Act, 2017, to ensure uniformity. The clarifications address advertising services provided to foreign clients and the availability of input tax credit for demo vehicles. They also address the place of supply of data hosting services provided by Indian service providers to cloud computing service providers located outside India, and regularization of integrated goods and services tax refunds obtained in contravention of rule 96(10) of the Central Goods and Services Tax Rules, 2017, where exporters imported certain inputs without payment of integrated tax and compensation cess.

News and Press Release
Dated:- 2-11-2026
Tax devolution of Rs. 1,09,019 crore was released by the Union Government to State Governments on 31 October 2026 as an additional advance instalment, in addition to regular monthly devolution. It is the second additional instalment in the financial year. The release is intended, in view of the upcoming festive season, to enable States to accelerate capital spending and finance development and welfare expenditure.

News and Press Release
Dated:- 2-11-2026
Illicit poppy straw trafficking enforcement by the Central Bureau of Narcotics' Madhya Pradesh Unit involved three intelligence-led operations under the Narcotic Drugs and Psychotropic Substances Act, 1985. Officers seized 2,774.650 kg of poppy straw and five vehicles and arrested four persons. Officers recovered 2,308 kg in 115 sacks concealed beneath 598 sacks of chana husk. During the night of 28-29 October, officers intercepted a pickup truck bearing a suspected false registration number and a Bolero car at Ishaqpur, Mandsaur. Searches recovered 416.560 kg of poppy straw in 22 bags, including 17 bags from the pickup and five from the car. On 28 October, a car and motorcycle were intercepted on the Fatehgarh-Nayakheda-Pipliya Mandi route. Intelligence indicated that the motorcycle was piloting the car, from which officers recovered 50.090 kg of poppy straw in two bags. Investigations are continuing in all three cases.

By: - DR.MARIAPPAN GOVINDARAJAN
Textile cess under Section 5A of the Textiles Committee Act, 1960 is a duty of excise on textiles and textile machinery manufactured in India, at a rate fixed by the Central Government in the Official Gazette and capped at one per cent ad valorem. Because the Act does not define manufacture, the term is understood in its ordinary sense; the definition in the Central Excise Act, 1944 cannot be automatically imported without reference or incorporation. Bleaching, dyeing and similar processing of existing fabrics supplied by handloom or power-loom units to an independent job worker is ancillary to textile manufacture, rather than manufacture of textiles at the processing unit. Such processing does not change the fabrics' status as products of those industries or remove their exemption from textile cess.

By: - Aashok Kumar Sharma
Appointment letters should address role, pay, probation, notice, confidentiality and intellectual-property assignment. Businesses must comply with applicable labour and social-security registration and other obligations, correctly deduct, deposit and report salary tax deducted at source, and maintain attendance, wage and leave records. Worker classification should reflect the actual relationship: describing an employee as a consultant does not remove employment obligations and may lead to liabilities and disputes. For India, the position as at October 2026 includes four labour codes in force from 21 November 2025, with state rules continuing to be notified. The framework includes a uniform wage definition, pro-rata gratuity for fixed-term employees after one year and full-and-final settlement within two working days of exit.

By: - Rajagopal K
Section 54(6) extends the facility for provisional refunds of up to 90% of eligible claims to inverted duty structure claims, subject to prescribed conditions. Under Section 54(14), refunds below Rs. 1,000 are generally not allowed. The minimum refund restriction does not apply to refund claims relating to goods exported out of India with payment of tax. This exception is confined to that category; it does not remove the minimum for GST refund claims generally. Refund applications must be supported by necessary documents and comply with applicable GST refund procedures.

By: - K Balasubramanian
The availability of ordinary demand proceedings under section 73 is, in the author's view, relevant to the initial scope of a GST audit. For an audit initiated in late October 2026, the author considers 2023-24 and 2024-25 the appropriate initial years, with 2021-22 and 2022-23 excluded because a section 73 show-cause notice was considered unavailable. The author considers it improper to assume the applicability of section 74 and seek earlier-period data without material supporting an allegation of tax evasion. In this view, an audit may extend requests to earlier years if it reveals fraudulent intent or relevant irregularities. Taxpayers are advised to review the periods in GST ADT 01, check whether 15 working days are available to respond, cooperate with the audit and raise appropriate objections where necessary.

By: - Rajagopal K
Post-supply discounts may be deducted from the taxable value of goods or services without an agreement entered into at or before the time of supply or linkage to specific invoices, with effect from 1 November 2026. The supplier must issue a GST credit note and comply with the applicable requirements of section 34 of the CGST Act. The recipient must reverse the input tax credit attributable to the discount, a condition that also applied earlier.

By: - Aashok Kumar Sharma
The recommended safeguards are separate business banking and payment channels, an established method of owner pay, and documentation whenever funds cross between business and personal accounts. Owners may use salary or remuneration, drawings, dividends or documented loans, as appropriate to the form of business. Personal expenditure paid by the business should be recorded as drawings or an amount receivable from the owner rather than a business expense; personally paid business expenditure should be reimbursed against supporting bills. Loans in either direction should have documented terms and any required approvals. Companies Act restrictions apply to loans and advances to directors and related parties, and dividends may be paid only from distributable profits.

By: - Aashok Kumar Sharma
The VALUE pricing approach calls for verifying the full cost of serving each product, service or customer segment, including discounts, freight, returns, support and payment delays, and identifying the value customers receive. It proposes tiered offers for different needs, discount approval limits and monitoring, and exchanging discounts for benefits such as higher volume, faster payment or longer contracts. Chartered accountancy practices can scope compliance retainers by transaction volume, number of entities, GST registrations and complexity. Engagement letters should specify charges for additional work, and fees should be reviewed annually, with early communication of adjustments linked to added services, statutory changes or inflation. Price-fixing with competitors, misleading original-price claims, hidden charges and unfair discrimination can breach competition and consumer-protection law. GST generally applies to transaction value, and discounts are excluded only when specified conditions are met.

2026 (11) TMI 1
Case Laws Indian Laws
Judicial review of audit misconduct findings does not permit evidence reassessment merely because another view is possible.
Judicial review of concurrent disciplinary findings of professional misconduct under Article 226 is limited to recognised legal infirmity, perversity or legal unsustainability. Evidence cannot be reassessed merely because another view is possible. Failure to report relevant transactions during a concurrent audit may constitute gross negligence in the discharge of audit responsibilities. Reprimand and a monetary penalty do not warrant judicial intervention where the sanction is not disproportionate.

2026 (11) TMI 2
Case Laws Indian Laws
Unlicensed money lending can leave promissory-note loans unenforceable and affect cheque dishonour proceedings, depending on the statutory bar.
Interest-bearing advances against promissory notes are not excluded from the definition of loans under the Maharashtra Money-Lending (Regulation) Act, 2014. Unlicensed money lending is prohibited, and the resulting loan is unenforceable; it may therefore not constitute a legally enforceable debt for cheque dishonour proceedings under the Negotiable Instruments Act, 1881. Whether the Maharashtra statutory bar applies must be determined on the merits of the individual proceeding, and the issue may be raised before the trial court or a superior court.

2026 (11) TMI 3
Case Laws VAT / Sales Tax
Revisional scrutiny of commercial-tax evasion convictions excludes routine reappraisal of concurrent findings and focuses on recognised errors.
Revisional jurisdiction under Section 397 of the Code of Criminal Procedure, 1973 is confined to patent jurisdictional or legal errors, findings based on no evidence, disregard of material evidence, or arbitrary or perverse exercise of discretion. It does not permit routine reappraisal of concurrent findings. In commercial-tax evasion proceedings under the Bihar Finance Act, deliberate discrepancies in the description and value of goods may indicate suppression of transactions to evade tax.

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