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Archive: 20 November 2025

Posts in 20 November 2025

Tribunal Orders De-Novo Inquiry After Wrong Reliance on Recalled SC Judgment

November 20, 2025 1989 Views 0 comment Print

The Tribunal set aside the earlier order because it had relied on the now-recalled Ganpati Dealcom judgment while excluding pre-2016 funding from scrutiny. The matter has been sent back for fresh adjudication, ensuring the Benami allegations are reconsidered on merits.

FEMA Penalty Reduced but Violation Confirmed for Netting-Off Unauthorised Foreign Commission

November 20, 2025 2127 Views 0 comment Print

Tribunal reduces FEMA penalty from ₹30 lakh to ₹10 lakh, confirming that unauthorised netting-off of ₹1.72 crore foreign commission violated statutory repatriation rules.

Tribunal Upholds FD Attachment: Deep Shareholding Links Justify Treating Assets as Proceeds of Crime

November 20, 2025 246 Views 0 comment Print

The Tribunal ruled that even without direct fund transfer, deep financial and management integration justified tagging the deposits as value of proceeds of crime. The attachment was sustained as the company formed part of the same economic group.

PMLA Attachment Upheld for Supplying Cheaper Water Instead of Rail Neer

November 20, 2025 354 Views 0 comment Print

The Court upheld provisional attachment of Rs. 1.35 crore, finding the Appellant supplied cheaper PDW while claiming reimbursement at Rail Neer rates. The loss to the government and breach of mandatory supply obligations justified the action.

Directors Not Liable for Pre-Appointment FEMA Contraventions, Tribunal Slashes Penalties, Company Liable 

November 20, 2025 366 Views 0 comment Print

The tribunal confirmed penalties against a company and responsible directors for not realizing export proceeds of Rs.36 crores, emphasizing that commercial disputes cannot override FEMA obligations.

FEMA Penalties Reduced Despite Hawala & Undervaluation: Tribunal Partly Relieves Family

November 20, 2025 390 Views 0 comment Print

Tribunal upheld hawala and import undervaluation violations but significantly cut penalties for Dr. Manoharan and NTPL, fully exonerating two female directors. Key takeaway: Liability depends on active involvement, not mere association.

Shareholding Dilution from Fresh Issue Does Not Trigger Capital Gains: ITAT Delhi

November 20, 2025 3291 Views 0 comment Print

Delhi ITAT rules that reduction in percentage shareholding due to fresh share issuance is not a transfer under Income Tax law, providing relief to minority shareholders.

Postal Department Addresses Non-Migrated Transaction Issues

November 20, 2025 534 Views 0 comment Print

The Department of Posts introduces a Standard Operating Procedure to correct balance differences in POSA, PPF, and SSA accounts caused by non-migrated pre-CBS transactions.

IBBI Limits Insolvency Professionals to 10 Ongoing or 3 High-Value Cases

November 20, 2025 372 Views 0 comment Print

The 2025 amendment caps professionals at ten concurrent assignments, with stricter limits for high-value cases, improving efficiency and accountability.

Insolvency Professionals Liable for Late or Inaccurate Form Filing: IBBI

November 20, 2025 243 Views 0 comment Print

IBBI amends regulations mandating timely and accurate filing of forms by resolution professionals, with penalties for delays and incomplete submissions.

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