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Archive: May, 2026

Posts in May, 2026

Ad-Hoc Norms Validity Extended Till 31.03.2028 Due to DGFT Policy Amendment

May 5, 2026 252 Views 0 comment Print

The issue involved limited validity of norms for Advance Authorisation. The amendment extends validity to 2028, ensuring continuity and reducing compliance burden.

SEBI Proposes OBPP Reforms to Ease Business and Expand Product Offerings

May 5, 2026 645 Views 0 comment Print

The consultation paper proposes allowing OBPPs to offer products regulated by IFSCA. It aligns with broader efforts to enhance cross-border investment opportunities. The proposal also ensures compliance with foreign exchange rules.

SEBI Proposes Extending Early Pay-In Benefit to Options Due to Stakeholder Demand

May 5, 2026 399 Views 0 comment Print

The consultation paper issued by Securities and Exchange Board of India seeks public comments on a draft circular proposing to extend the benefit of early pay-in (EPI) in the commodity derivatives segment to options contracts, in addition to its current applicability to futures contracts. Under the existing framework prescribed in the SEBI Master Circular dated […]

ITAT Chennai Allowed Section 80-IA Deduction as Consumer Tariff Held Correct Benchmark

May 5, 2026 264 Views 0 comment Print

The Tribunal found that the transfer pricing adjustment was incorrectly computed using SEB sale rates. It allowed deduction based on consumer tariff rates. The decision clarifies benchmarking for captive consumption.

Excess Stock Found in GST Survey Cannot Trigger Confiscation Proceedings: Allahabad HC

May 5, 2026 483 Views 0 comment Print

The court held that initiating proceedings under the penalty provision for alleged excess stock discovered during a survey was improper. It ruled that such cases must be dealt with under assessment provisions, leading to quashing of the order.

Section 130 Cannot Be Used for Excess Stock Detected in GST Survey: Allahabad HC

May 5, 2026 342 Views 0 comment Print

The Court examined whether Section 130 could be used when discrepancies were found during a GST survey. It held that the correct legal route is Sections 73/74 and reinforced settled precedents.

Excess Stock During Survey Cannot Trigger GST Section 130 Action: Allahabad HC

May 5, 2026 327 Views 0 comment Print

The Court examined whether confiscation proceedings under Section 130 were valid for alleged excess stock found during a survey. It held that the law mandates action under Sections 73/74, rendering the orders unsustainable.

Allahabad HC Quashed GST Penalty as Wrong Provision Invoked for Excess Stock During Survey

May 5, 2026 240 Views 0 comment Print

The Court examined whether Section 130 proceedings were valid when excess stock was found during a survey. It held that such cases must be dealt with under Sections 73/74, rendering the penalty order unsustainable.

GST Confiscation Invalid as Section 130 Used Instead of Sections 73/74 Procedure: Allahabad HC

May 5, 2026 231 Views 0 comment Print

The court held that tax determination must follow Sections 73 or 74 and cannot be replaced by Section 130 proceedings. It found the action legally unsustainable. The ruling reinforces procedural compliance under GST law.

Oppression & Mismanagement Petition Rejected Due to Dispute Being Purely Contractual & Arbitrable

May 5, 2026 441 Views 0 comment Print

The issue involved allegations of mismanagement framed under company law provisions. The Tribunal held that the core dispute arose from contractual obligations under a term sheet. It referred the matter to arbitration, emphasizing that such disputes must follow agreed dispute resolution mechanisms.

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