Notifications and Circulars for Week ending 1st September 2024

Summary: During the week of August 26 to September 1, 2024, several significant notifications and circulars were issued across various regulatory bodies. The Income Tax Department notified the Advanced Manufacturing Technology Development Centre in Chennai as an eligible institution for scientific research under Section 35(1)(ii), enabling enhanced tax deductions. The CBDT introduced the e-Dispute Resolution Scheme (e-DRS), streamlining tax dispute resolutions for eligible taxpayers. The Delhi High Court ruled in favor of Tiger Global International Holdings, validating the economic substance of their transactions and overturning the AAR’s denial of tax treaty benefits. In GST, the Supreme Court upheld the Delhi High Court’s decision to invalidate the seizure of cash and silver bars under GST search provisions. AAR rulings clarified GST exemptions for various services, including lease of land and bridge tournaments. Central Excise reduced the duty on domestically produced petroleum crude, while Customs fixed tariff values for several items and announced updates to sea cargo regulations. The DGFT amended export obligations and put the Public Notice on gold/platinum wastage norms on hold. SEBI made amendments to facilitate easier international listings for Indian companies and imposed new restrictions on associations with unregulated entities in securities-related activities.

1. Income Tax

Advanced Manufacturing Technology Development Centre in Chennai notified under section 35(1)(ii) as other institution for Scientific Research: The notification notifies Advanced Manufacturing Technology Development Centre in Chennai as an ‘Other Institution’ for ‘Scientific Research’ for the purposes section 35(1)(ii) of the Income-tax Act, read with rules 5C and 5E of the Income-tax Rules. Section 35 allows for deduction equal to one and half times while computing taxes for expenses relating to scientific research. (Income Tax Notification 101/2024 Dated 30/08/2024)

CBDT rolls out e-DRS Scheme, 2022:  CBDT in pursuance of section 245MA, had notified the e-Dispute Resolution Scheme, 2022 (e-DRS) vide notification 27/2022 dated 5th April 2022, with the aim to reduce litigation and provide relief to eligible taxpayers. The e-DRS, as an alternative to regular appellate proceedings, enables the taxpayer to file an application electronically for dispute resolution to the DRC designated PCIT having jurisdiction over the taxpayer.

-As per e-DRS, a taxpayer can opt for e-Dispute Resolution against the ‘specified order’, which includes an order in which the aggregate sum of variations proposed or made does not exceed Rs.10 lakh and returned income for the relevant assessment year does not exceed Rs. 50 lakh. Further, such order should not be based on search/surveys or information received under an agreement referred to under section 90 or 90A.

-The application for e-DRS is to be filed in Form No. 34BC referred in rule 44DAB within one month from the date of receipt of specified order. The DRC may make modification to the variations in the specified order and decide to grant reduction/waiver of penalty and prosecution in accordance with the provision of rule 44DAC. The DRC is mandated to pass its order within six months from the end of month in which application for dispute resolution is admitted by it. (Income Tax Press Release Dated 30/08/2024)

HC, Tiger Global International vs Authority for Advance Rulings:  Case of Tiger Global International Holdings vs AAR (Income Tax), Delhi High Court Judgement Dated 28th August 2024. The case involves three writ petitions filed by Tiger Global challenging an order dated March 26, 2020 passed by the Authority for Advance Rulings (AAR). The petitioners, which are private companies incorporated in Mauritius had acquired shares of Flipkart Private Limited, a Singapore company. On 9^th May 2018, the petitioners agreed to sell a significant portion of their Flipkart Singapore shares to Walmart International Holdings. On 2^nd August 2018, the petitioners approached the tax authorities for a certificate of nil withholding tax under Section 197 of the Income Tax Act in relation to the share sale transaction. However, on 17^th August 2018, the tax authorities denied the petitioners the benefits of the India-Mauritius Double Taxation Avoidance Agreement (DTAA) and issued a certificate requiring Walmart to withhold tax at a rate of 10% plus surcharge and cess on the sale consideration.

-The petitioners filed applications before the AAR on 19^th February 2019, seeking an advance ruling on the taxability of the capital gains from the share sale. The AAR dismissed the petitioners’ applications, holding that the transaction was prima facie designed for the avoidance of tax and thus fell within the scope of the proviso to Section 245R(2) of the Income Tax Act. Aggrieved, the petitioners challenged the AAR’s order in High Court through writ petitions. The key legal issues in the case relate to the economic substance of the petitioners, the validity and conclusiveness of their Tax Residency Certificates (TRC), the applicability of the India-Mauritius DTAA, and the interplay between the DTAA and India’s domestic tax laws, including the General Anti-Avoidance Rules (GAAR).

-The court affirmed the view of the petitioners that the impugned transaction was not designed for the purpose of tax avoidance. HC quashed the impugned order of the AAR, finding it to be manifestly illegal and unsustainable. The  decision upheld the validity of the TRC as a crucial document for establishing tax residency. (Delhi HC Judgement Dated 28/08/2024)

B. GST

SC, Seizure of cash & silver bars recovered during GST search is not sustainable: Case of Commissioner of CGST vs Deepak Khandelwal, SC Order Dated 14th August 2024. SC dismissed the Special Leave Petition (SLP) by the Commissioner of CGST, and upheld the Delhi High Court’s decision that the seizure of cash and silver bars during a search under Section 67 of the CGST Act is not sustainable. High Court had ruled that while Section 67 allows for the seizure of goods related to tax evasion, cash does not fall under the definition of “goods” and should not be subject to seizure. The court also noted that the purpose of Section 67 is to ensure compliance with tax regulations, not to recover unaccounted wealth, which is the domain of the Income Tax Act. Further, the court highlighted that the seized items must be returned if no notice is served within six months, as mandated by Section 67(7). SC considered that currency and similar assets cannot be seized under the CGST Act without specific cause and due process, thus dismissed the SLP. (SC Order Dated 14/08/2024)

AAR, GST on 30 years Lease of Land for Commercial Office Complex: Case of Anmol Industries Limited, AAR WB Ruling Dated 29th July 2024. The applicant had entered into leasing agreement with the Shyama Prasad Mookerjee Port, Kolkata (SMPK), a body incorporated under the Ministry of Ports, Shipping and Waterways, Government of India, wherein, the SMPK has agreed to lease an industrial plot of land for a period of thirty years (30 years) for setting up commercial office complex. The applicant made an application seeking an advance ruling, whether the upfront premium payable by the applicant towards the services of leasing of the land for industrial purposes by SMPK is exempted under entry 41 of Notification No. 12/2017 (Rate) dated 28^th June 2017. It was analysed that services provided by SMPK did not satisfy all the conditions specified. AAR decided that services by way of grant of long term lease of land by SMPK to the applicant for the purpose of “setting up commercial office complex‟ as involved in the instant case is found not to be covered under entry 41 of Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 and therefore cannot be treated as an exempt supply. (AAR WB Ruling, Anmol Industries, Dated 29/07/2024)

AAR, GST not applicable to contributions below Rs. 7,500 per month per RWA member: Case of Fortune Estates Association of Apartment Owners, AAR WB Ruling Dated 29th July 2024. AAR analysed whether Serial No 77 of the Notification No 12/2017 shall be applicable on such members of RWA (unincorporated body) whose share of contribution is less than Rs. 7,500 per month and whereas the monthly maintenance (share of contribution) of other members of the same RWA are more than Rs. 7,500/-? AAR ruled that the applicant shall not be liable to pay tax on the amount which is collected from its members by way of reimbursement of charges or share of contribution where such amount does not exceed Rs.7500/- per month per member. (AAR WB Ruling, Fortune Estates, Dated 29/07/2024)

AAR, Bridge Tournaments Not Taxable Under GST being Game of Skill: Case of Bridge Federation of India, AAR WB Ruling Dated 29th July 2024. Case of The applicant is an apex body for game of contract bridge (bridge) in India. The applicant states that it along with its designated associates is going to organize an offline/physical tournament of bridge played for money in the state of West Bengal in near future. The applicant made application seeking advance ruling, whether contributions/participation money paid/ stakes bought by the players for playing physical/offline game of bridge (when played for money) or winning thereof or organizing games/tournaments of bridge (when played for money) qualify as supply of ‘specified actionable claims’ ? AAR considered that game of bridge, being a game of skill rather than chance, does not fall under the category of ‘betting’ or ‘gambling’ as per legal precedents and state laws. Therefore, participation money for bridge tournaments is not classified as ‘specified actionable claims’. AAR ruled that the applicant shall not be liable to pay tax by way of organizing a tournament of physical /offline games of contract bridge when played for money. (AAR WB Ruling, Bridge Federation, Dated 29/07/2024)

AAR, Survey & Design Services for Government Water Supply Schemes Exempt from GST:

Case of Shyama Chatterjee, AAR WB Ruling Dated 29th July 2024. The applicant is awarded several contracts from different local bodies/municipalities for survey, design, drawing, estimate and preparation of comprehensive plan related to water supply schemes, undertaken by those local bodies/municipalities. The applicant has made application seeking an advance ruling whether the works being undertaken by the applicant can be classified as „Pure Service‟ as specified in serial number 3 of the Notification No. 12/2017 dated 28^th June 2017. AAR ruled that supplies made by the applicant for survey, design, drawing, estimate and preparation of comprehensive plan related to water supply schemes to the State Government and the local authorities are exempted from payment of tax vide serial number 3 of the Notification No. 12/2017 [corresponding State Notification No. 1136 F.T. dated 28^th June 2017], as amended, except services provided to Madhya Pradesh Jal Nigam Maryadit which cannot be regarded either as the State Government or local authority. (AAR WB Ruling, Shyama Chatterjee, Dated 29/07/2024)

C. Central Excise

Special Additional Excise Duty on domestically produced Petroleum Crude: Special Additional Excise Duty on domestically produced Petroleum Crude reduced from earlier Rs 2100/- to Rs 1850/- per tonne with effect from 31^st August 2024. (Central Excise Notification 21/2024 (T) Dated 30/08/2024)

D. Custom Duty

Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver: CBDT notified the Tariff Values of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver w.e.f. 31^st August 2024. (Custom Notification 56/2024 (NT) Dated 30/08/2024)

Amend Sea Cargo Manifest and Transhipment Regulations: The key change involved is amendment in Regulation 15(2), which extends the applicability of transitional provisions. Instead of the previous deadline of August 31, 2024, the transitional provisions will now apply until specific dates for different customs ports, as detailed in a newly inserted table. (Custom Notification 57/2024 (NT) Dated 31/08/2024)

Implementation of automation in the Customs Rules in respect of EOUs:  CBIC has announced the implementation of automation for the Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022, specifically affecting Export Oriented Units (EOUs) starting September 1, 2024. The existing customs clearance processes for EOUs are to be replaced by IGCR procedures. EOUs must transition to the new IGCR procedures by obtaining an IGCR Identification Number (IIN) through the ICEGATE portal and registering their IGCR bond for bill of entry filings. (Custom Circular 11/2024 Dated 25/08/2024)

Implementation of the Sea Cargo Manifest and Transhipment Regulations (SCMTR): The phase-wise implementation of the Sea Cargo Manifest and Transhipment Regulations (SCMTR) has been notified, vide 57/2024-Customs (N.T.) dated 31^st August 2024.  As per the dates mentioned, filing only in the new format as per SCMTR will become mandatory. Therefore, the stakeholders are advised to start filing immediately in the new format on a parallel basis on priority, as failure of the same may negatively impact the cargo clearance times for those consignments after the same becomes mandatory on effective date. (Custom Circular 12/2024 Dated 31/08/2024)

E. Directorate General of Foreign Trade (DGFT)

Amendments to Appendix-4J of Handbook of Procedures:  The Public Notice amends Appendix-4J of the Handbook of Procedures 2023. It modifies the export obligation periods for various import items with pre-import conditions. The key changes include a six-month period for spices, tea, coconut oil, raw sugar, and natural rubber; twelve months for certain drugs, silk, and penicillin; and an eighteen- month period for fabrics under the Special Advance Authorization Scheme. (DGFT Public Notice 19/2024 Dated 29/08/2024)

Abeyance of Public Notice No. 05/2024 dated 27^th May 2024: The Public Notice modify the wastage permissible and Standard Input Output Norms relating to Gold/ Platinum/ Silver content in export items. The Public Notice No. 05/2024 has been kept in abeyance till 15^th September 2024, for inviting suggestions/ comments on the proposed revision of wastage norms recommended by the Norms Committee. (DGFT Public Notice 20/2024 Dated 29/08/2024)

Delisting of Authorised Agency to issue Certificate of Origin (Non Preferential): M/s Oriental chamber of Commerce & Industry has been delisted from Appendix 2E of FTP 2023, for issuing Certificate of Origin (Non Preferential). (DGFT Public Notice 21/2024 Dated 30/08/2024)

Abeyance of Public Notice No. 05/2024 dated 27^th May 2024: The Public Notice No. 05/2024 has been kept in abeyance till 15^th September 2024. The directorate is proposing revised wastage norms for Gold/ Platinum/ Silver Jewellery based on the industry visits in different units/ locations, which are annexed. The comments/inputs are invited with 7 days. (DGFT Trade Notice 15/2024 Dated 29/08/2024)

F. Securities and Exchange Board of India (SEBI)

Amendment to Securities Contracts (Regulation) Rules:  Ministry of Finance, has amended the Securities Contracts Regulation Rules (SCRR), 1956, to simplify the direct listing process for Indian companies on international exchanges within the GIFT IFSC. The amendments, lower the minimum public offer and continuous listing requirements to 10% of post-issue capital for companies solely listing on international exchanges. These regulatory change aims to provide Indian start-ups and technology firms with easier access to global capital and strengthen India’s position in the global financial system. (Min. of Finance Notification Dated 28/08/2024)

Amendment to Stock Exchanges and Clearing Corporation Regulations: The amendment introduces a new Chapter VIA, imposing restrictions on stock exchanges and clearing corporations regarding their associations with unregulated entities. These entities are prohibited from associating, directly or indirectly, with persons who provide securities- related advice or make claims about securities’ performance without SEBI’s authorization. The regulation also defines “association” broadly to include transactions, referrals, IT interactions, and similar activities. Exceptions are made for associations through specified digital platforms with preventive measures. (SEBI Notification Dated 26/08/2024)

Amendment to Depositories and Participants Regulations: The amendment introduces a new Chapter VIIA, imposing restrictions on Depositories and Participants regarding their associations with unregulated entities. These entities are prohibited from associating, directly or indirectly, with persons who provide securities- related advice or make claims about securities’ performance without SEBI’s authorization. The regulation also defines “association” broadly to include transactions, referrals, IT interactions, and similar activities. Exceptions are made for associations through specified digital platforms with preventive measures. (SEBI Notification Dated 26/08/2024)

Amendment to Intermediaries Regulations: The amendment introduces a new Chapter IIIA that imposes restrictions on associations between regulated entities and unregistered persons providing securities advice or making claims about returns. The entities regulated by SEBI, including mutual funds and alternative investment funds, are prohibited from engaging in transactions, referrals, or any form of association with individuals or entities that provide securities-related advice or claims without SEBI’s authorization. The amendment also clarifies that associations through specified digital platforms are exempt from these restrictions, provided these platforms have robust mechanisms to prevent unauthorized activities. (SEBI Notification Dated 26/08/2024)

Review of eligibility criteria for entry/exit of stocks in derivatives segment:  Derivative markets enhance price discovery and market liquidity. However, without sufficient depth in the underlying cash market, sufficient volumes in derivatives markets, and appropriate position limits around leveraged derivatives, there can be higher risks of market manipulation, increased volatility, and compromised investor protection. Upon its expiry, single stock derivatives are physically settled, unlike index derivatives that are cash settled.

-The median quarter sigma order size (MQSOS) for the previous six months on a rolling basis has been revised to  ₹75 lakh from the existing  ₹25 lakh. The stock’s market-wide position limit (MWPL) for the previous six months has been revised to  ₹1,500 crore from  ₹500 crore. The stock’s average daily delivery value (ADDV) in the cash market in the previous six months should not be less than  ₹35 crore on a rolling basis. The current limit is  ₹10 crore. However, there is no change in the criteria for the Average Daily Market Capitalisation and Average Daily Traded Value for the top 500 stocks. (SEBI Circular Dated 30/08/2024)

Consultation Paper on Proposed Amendments to Merchant Bankers Regulations: SEBI’s proposals include updating the permissible activities of merchant bankers, ensuring they focus on securities market-related functions. The paper suggests revising capital adequacy requirements, introducing a two-tier system based on net worth, and tightening compliance standards to maintain registration. SEBI plans to prohibit merchant bankers from engaging in valuation activities unless explicitly permitted and proposes aligning the definition of net worth with the Companies Act. The paper also introduces the concept of minimum liquid net worth, ensuring that merchant bankers have sufficient readily available financial resources. The comments are invited from stakeholders. (SEBI Consultation Paper Dated 28/08/2024)

Consultation Paper on Facility for Trading in the Secondary Market using UPI Block Mechanism to be mandatorily offered by Qualified Stock Brokers (QSBs) to their clients: The proposal considers whether Qualified Stock Brokers (QSBs) should be required to offer a UPI block mechanism for secondary market trading. This facility, akin to the ASBA system for primary markets, allows investors to block funds in their bank accounts rather than transferring them to brokers, enhancing fund protection and earning interest. The proposal also considers whether QSBs should offer a “3-in-1 trading account” as an alternative. SEBI’s initiative aims to improve the operational efficiency and safety of trading by addressing the challenges. The comments are invited from stakeholders. (SEBI Consultation Paper Dated 28/08/2024)

Consultation Paper on Maintenance of Record of Mandatory Communication by Regulated Entities: At present, only a limited set of communications need to be preserved, but this proposal aims to enhance transparency and compliance by mandating that records of all such communications, including acknowledgements, be kept for at least eight years. This change is intended to improve regulatory oversight, facilitate the resolution of investor grievances, and strengthen evidence trails for identifying potential breaches of securities laws. It provides detailed amendments to various SEBI regulations to incorporate these record-keeping requirements. The comments are invited from stakeholders. (SEBI Consultation Paper Dated 29/08/2024)

Consultation Paper on Appointment of Public Interest Directors: The proposals relates to appointment process for Public Interest Directors (PIDs) at Stock Exchanges, Clearing Corporations, and Depositories. The current procedures require SEBI approval but exclude shareholder input, which contrasts with the Companies Act’s mandate for shareholder approval of independent directors. The paper reviews existing processes and considers two options: maintaining the status quo or involving shareholders in PID appointments. Proposals also include simplifying documentation, offering fixed stipends in addition to sitting fees, and reducing the cooling-off period for PIDs. The comments are invited from stakeholders. (SEBI Consultation Paper Dated 29/08/2024)

Consultation Paper on Review of Informal Guidance Scheme, 2003:  The proposals intend to improve the scheme by broadening its scope, revising fees, and streamlining processes. Presently, the scheme offers informal guidance to eligible entities such as listed companies and mutual funds. The proposals include expanding eligibility to include market infrastructure institutions and pooled investment vehicle managers, revising the application fee from ₹25,000 to ₹75,000, and updating obsolete provisions. It also suggests creating a centralized nodal coordination cell to manage applications and moving communications to electronic formats. The comments are invited from stakeholders. (SEBI Consultation Paper Dated 30/08/2024)

Advisory on investment in securities of SME Segment Companies:  The SME platform has seen significant growth, raising over ₹14,000 Crores, including ₹6,000 Crores in FY 2024. It has been observed that some SME companies and their promoters engage in practices that create an unrealistic positive outlook on their operations through announcements of bonus issues, stock splits, and preferential allotments. These actions can mislead investors and provide promoters with opportunities to sell their shares at inflated prices. SEBI urges investors to remain cautious, avoid relying on unverified social media information, and not to base their investment decisions on rumours or tips. The advisory aims to protect investors by highlighting these practices and encouraging careful scrutiny of investment opportunities. (SEBI Press Release dated 28/08/2024)

G. Ministry of Corporate Affairs (MCA)

No Notification/ Circular during the week.

H. Insolvency and Bankruptcy Board of India (IBBI)

NCLAT, Assets of Corporate Debtor cannot be attached by ED in terms of Section 32-A of IBC: Case of Vantage Point Assets Pte Limited vs Gaurav Misra, NCLAT Judgement Dated 13th August 2024. NCLAT Delhi held that Successful Resolution Applicant is entitled to relief of extension of benefit of protection of Section 32-A of the Insolvency and Bankruptcy Code. It ordered Enforcement Directorate (ED) to lift the attachment over the assets of the Corporate Debtor. (NCLAT Judgement Dated 13/08/2024)

IBBI warns IP Yogesh Kumar Gupta for lack of cooperation in the investigation process: The findings reveal no evidence of procedural violations. However, it reveals his failure to cooperate with the investigation by not providing requested documents and clarifications. IBBI warns Mr. Yogesh Kumar Gupta to be careful and prompt in sending its responses to the Board in his all the future assignments. (IBBI Order Dated 30/08/2024)

I. Reserve Bank of India (RBI)

Implementation of Section 51A of UAPA, 1967, Sanctions List Amendments: MEA has informed about the UNSC amendments on its ISIL (Da’esh) and Al-Qaida Sanctions List of individuals and entities subject to the assets freeze, travel ban and arms embargo. Regulated Entities (REs) are advised to take note for necessary compliance in terms of Master Directions on KYC. (RBI Notification 70/2024 Dated 27/08/2024)

Interest Equalization Scheme (IES) on Pre and Post Shipment Rupee Export Credit: The notification extends the Interest Equalization Scheme (IES) on Pre and Post Shipment Rupee Export Credit until August 31, 2024. For the extended period from July 1, 2024, only Micro, Small, and Medium Enterprise (MSME) Manufacturer exporters are eligible for the scheme. Moreover, the interest subvention is capped at ₹1.66 Crore per Importer-Exporter Code (IEC) for the extended period. (RBI Notification 71/2024 Dated 29/08/2024)

Scheme for Trading and Settlement of Sovereign Green Bonds (SGrBs) in International Financial Services Centre (IFSC) in India:  The scheme allows eligible foreign investors to invest in SGrBs issued by the Indian government. It involves amendments to existing Foreign Exchange Management regulations and outlines the scope, eligible investors, participation procedures, and settlement processes within the IFSC. The scheme stipulates that only authorized entities like depositories and clearing corporations in the IFSC can manage the accounts and settlements. It also defines the roles of IFSC Banking Units (IBUs) and sets guidelines for Know Your Customer (KYC) and Anti-Money Laundering (AML) practices. (RBI Notification 72/2024 Dated 29/08/2024)

Recognition of Self-Regulatory Organisation(s) in the FinTech Sector (SRO-FT): RBI had issued the ‘Framework for Self-Regulatory Organisation(s) in the FinTech Sector’ and invited applications for recognition as Self- Regulatory Organisation in the FinTech Sector (SRO-FT). RBI has recognised the Fintech Association for Consumer Empowerment (FACE) as an SRO-FT. (RBI Press Release Dated 29/08/2024)

Introduction of UPI Circle, Delegated Payments for secondary users: The National Payments Corporation of India (NPCI) has introduced “UPI Circle,” a new feature allowing primary UPI users to delegate payment tasks to trusted secondary users. With UPI Circle, primary users can fully or partially delegate payment tasks. Full delegation permits secondary users to complete transactions within set limits, while partial delegation allows secondary users to initiate transactions that the primary user must finalize. UPI apps must ensure separate user journeys for primary and secondary users, secure access through biometrics or passcodes, and maintain transaction limits, including a maximum monthly limit of ₹25,000 per delegation. Primary users can manage up to five secondary users and must have visibility over transactions performed by them. (NPCI Notification Dated 13/08/2024)

J. Miscellaneous

SC, Cheque bouncing case under section 138 of NI Act cannot be quashed by HC under section 482 of CrPC without consent of Complainant: Case of AS Pharma Private Limited vs Nayati Medical Private Limited, SC Order Dated 23rd July 2024. Supreme Court held that High Court does not have the power to quash a case under Section 138 of the Negotiable Instruments Act, using the powers inherent to it under Section 482 of the Code of Criminal Procedure, as there was no consent from the complainant. The position was that an offence under Section 138, N.I. Act could be compounded, only with the consent of the complainant concerned. (SC Order Dated 23/07/2024)

SC, Non-execution of sale deed is civil wrong hence criminal proceedings disallowed: Case of Radheyshyam vs State of Rajasthan, SC Order Dated 22^nd July 2024. Supreme Court held that non-execution of sale deed is a civil wrong and a civil wrong cannot be given a criminal colour merely to coerce the appellants into registering the sale. Thus, criminal proceeding not allowed to be continued. (SC Order Dated 22/07/2024)