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HC Dismisses Writ Against Oral Termination Due to Delay

oral termination writ dismissed

Case Details: Ad Films Valas vs. Sharad Mirashi - [2026] 185 taxmann.com 404 (HC-Bombay)

Judiciary and Counsel Details

  • Amit Borkar, J.
  • Suresh Pakale, Sr. Adv., Nilesh DesaiZahid Butt for the Petitioner.
  • Ms Samiksha KananiMs Gayatri Naik for the Respondent.

Facts of the Case

In the instant case, the Respondent-employee filed a complaint of unfair labour practice under the Maharashtra Recognition of Trade Unions (MRTU) & Prevention of Unfair Labour Practices Act, 1971 (PULP) Act against the petitioners-employer (a film production establishment registered under the Shops and Establishments Act).

He stated he joined as peon in 1980, was promoted to office assistant in 1993, remained on leave due to his wife’s kidney ailment, resumed work, demanded unpaid wages for June–July 2012, and alleged that after a dispute with petitioner No. 2 he was orally terminated with effect from late August 2012 without notice or due procedure, with non-compliance of Section 25F of the Industrial Disputes Act; he sought reinstatement with back wages.

During pendency, on an interim application, the Labour Court directed the petitioners to permit the respondent to report for duty and to pay wages in accordance with attendance pending the complaint. The Labour Court recorded the absence of a show cause notice and domestic enquiry, noted non-compliance with mandatory provisions of the Industrial Disputes Act, and that the complainant’s material remained unchallenged as notices issued to petitioners were refused. Further, it also considered the employee’s personal circumstances while assessing the balance of convenience.

Petitioners moved applications before the Labour Court to set aside the interim order and sought review. The Labour Court rejected the review application. The petitioners thereafter filed a revision before the Industrial Court. The Industrial Court dismissed the revision, noting that it was delayed and that the explanation for the delay was unsatisfactory.

It was noted that the Labour Court had applied its mind to the material placed before it, though at a prima facie level, and had specifically recorded that no show cause notice was issued to the complainant before termination and that no domestic enquiry was conducted, which went to the root of fairness in the employer’s action.

High Court Held

The High Court held that since the petitioners had not acted with due promptness and had failed to show a convincing and reasonable explanation for the delay, there was no good reason for the Court to unsettle the concurrent orders of the Labour Court and the Industrial Court on a challenge that was grossly delayed. Therefore, petitioners had failed to make out any case for interference, and the writ petition was to be dismissed.

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HC Allows Fresh Hearing in Agri Transport GST Exemption Case

agri transport GST exemption

Case Details: Tvl. Jaya Roadways vs. Commissioner of Commercial Taxes - [2026] 185 taxmann.com 613 (Madras)

Judiciary and Counsel Details

  • D. Bharatha Chakravarthy, J.
  • B. Rooban for the Petitioner.
  • R. Suresh Kumar, Addl. Govt. Pleader for the Respondent.

Facts of the Case

The petitioner challenged an assessment order, wherein tax liability was fastened on the basis of alleged absence of proper supporting documents such as tax invoices or tickets in relation to its transportation activities. It was directed to appear for a personal hearing, but did not file its reply or produce documents on that date; however, a reply was subsequently uploaded on the web portal. An impugned order was passed based on available records, recording that the petitioner was engaged in passenger transportation services and had failed to substantiate its claims. The petitioner contended that the reply and supporting materials were not considered and that it was engaged in the transport of agricultural goods, thereby entitling it to an exemption under the relevant provisions. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that although the petitioner had not effectively utilised the initial opportunity granted for a personal hearing, the subsequent filing of a reply indicated sufficient diligence warranting consideration of its submissions on the merits. It was observed that the entire liability under the assessment order appeared to have been imposed primarily due to non-production or alleged non-consideration of supporting documents, including the claim of exemption for transportation of agricultural goods under Section 11 read with Section 73 of the CGST Act. It was noted that the denial of consideration of the reply uploaded shortly before passing of the order resulted in procedural unfairness. Consequently, the High Court set aside the assessment order and remitted the matter for fresh consideration with a direction to grant a personal hearing and adjudicate the issue afresh.

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RBI Issues Directions on ‘Disbursement of Government Pension by Agency Banks’

RBI pension disbursement

RBI/DGBA/2026-27/399 CO.DGBA.GBD.No.S43/31.02.007/2026-27; Dated: 30.04.2026

The Reserve Bank of India (RBI) has issued the “Directions on Disbursement of Government Pension by Agency Banks, 2026”, laying down a comprehensive framework for pension handling and payment processes.

1. Scope and Applicability

  • Applicable to agency banks handling government pension disbursement
  • Covers end-to-end pension processing, credit, and servicing norms

2. Key Operational Guidelines

2.1 Pension Withdrawal & Disbursement

Clear norms for:

  • Withdrawal of pension by beneficiaries
  • Timely disbursement of pension amounts

2.2 Reimbursement Mechanism

  • Specifies procedures for reimbursement of pension payments made by banks
  • Ensures smooth settlement between government and banks

2.3 Role of Bank Branches

Branches maintaining pension accounts must:

  • Ensure accurate and timely credit
  • Provide efficient customer service to pensioners

2.4 Issuance of Pension Slips

  • Banks are required to issue pension slips
  • Enables greater transparency for pensioners

3. Governance and Accountability Measures

3.1 Appointment of Nodal Officers

  • Banks must designate nodal officers
  • Responsible for oversight and grievance handling

3.2 Timely Credit of Pension

  • Pension must be credited within prescribed timelines

3.3 Compensation for Delay

  • In case of delay banks are liable to pay compensation to pensioners

4. Objective of the Directions

The framework aims to:

  • Ensure timely and accurate pension disbursement
  • Strengthen accountability of agency banks
  • Enhance service quality and transparency for pensioners

5. Conclusion

The Directions establish a structured and accountable pension disbursement system, ensuring that pensioners receive their dues on time with improved service standards and grievance redressal mechanisms.

Click Here To Read The Full Update

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[World Tax News] Serbia Publishes Deemed Arm’s Length Interest Rates for Related-party Financing

Serbia arm length interest rates

Editorial Team – [2026] 186 taxmann.com 13 (Article)

World Tax News provides a weekly snippet of tax news from around the globe. Here is a glimpse of the tax happening in the world this week:

1. Serbia Publishes Deemed Arm’s Length Interest Rates for Related-party Financing for 2026

On 24 April 2026 (published in Official Gazette No. 36/26), the Serbian Ministry of Finance issued the Rulebook prescribing interest rates in line with the arm’s length principle for 2026 (“TP Rulebook”). This TP Rulebook specifies the applicable interest rates for related-party financing.

As per the new TP Rulebook, there are no major changes in interest rates applicable to banks and financial leasing companies compared to 2025, except for a significant increase in rates for RUB-denominated credits and loans. For other companies, interest rates are marginally lower than in 2025, and the Rulebook does not prescribe rates for short-term USD credits and loans. Set out below is a tabular summary of the interest rates for 2026 considered to be at arm’s length:

Banks & Financial Leasing Companies

  • RSD short-term loans 4.40%
  • RSD long-term loans 0.33%
  • EUR/RSD indexed to EUR 4.87%
  • USD/RSD indexed to USD 4.98%
  • CHF/RSD indexed to CHF 3.05%
  • SEK/RSD indexed to SEK 4.12%
  • GBP/RSD indexed to GBP 1.50%
  • RUB/RSD indexed to RUB 10.73%

Other Companies

  • RSD short-term loans 7.13%
  • RSD long-term loans 7.21%
  • Short-term EUR/RSD indexed to EUR 4.75%
  • Long-term EUR/RSD indexed to EUR 5.42%
  • Long-term CHF/RSD indexed to CHF 7.10%
  • Long-term USD/RSD indexed to USD 4.43%

Source – Official Website

2. Australian Treasury Consulting on Standard Deduction of up to AUD 1,000 for Work-related Expenses

The Australian Treasury has released a consultation on a proposal to amend tax law to introduce a standard deduction of up to $1,000 for Australian tax residents earning income from work, effective from 1 July 2026. Existing provisions will continue to apply to individuals with work-related expenses exceeding $1,000 and to those earning only business or investment income.

The proposal also allows certain deductions in addition to the standard deduction, including investment expenses, charitable donations, and union or professional association membership fees. It further includes measures to prevent double benefits through salary packaging of expenses covered by the instant deduction and updates substantiation and capital allowance rules to support the new framework.

Source – Australian Treasury

Click Here To Read The Full Article

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[Opinion] Women in Corporate Governance and Boardrooms

women in corporate governance

CS Hasti Vora – [2026] 185 taxmann.com 894 (Article)

“Shatter glass ceilings and never look back”.

Ritu Karidhar, Senior Scientist ISRO (Rocket Woman of India)

1. A Seat at the Table The Unfinished Symphony of Women in Corporate Governance

There was a time—not too distant in the annals of corporate history—when boardrooms were echo chambers of sameness. Polished mahogany tables reflected not diversity, but uniformity; not plurality of thought, but a singular, often myopic worldview. Decisions of monumental economic consequence were crafted in spaces where half the world’s intellect, intuition, and insight was conspicuously absent.

And yet, quietly at first, then with resolute cadence, women began to arrive.

Not as guests. Not as tokens. But as architects of transformation.

They entered not with the clamour of entitlement, but with the quiet authority of earned presence—each step measured, each voice deliberate, each contribution impossible to ignore. What began as a solitary seat at expansive tables soon evolved into a chorus of intellect, perspective, and conviction. They did not merely occupy space; they redefined it. The very air of the boardroom shifted—once dense with uniformity, now alive with nuance, dissent, empathy, and foresight.

No longer ornamental inclusions or symbolic gestures, these women dismantled the antiquated scaffolding of tokenism. They questioned assumptions long left unchallenged, introduced dimensions of thought that transcended conventional binaries, and infused decision-making with a rare blend of analytical rigour and intuitive depth. Their presence was not disruptive—it was transformative in the most profound sense subtle, enduring, and irrevocably impactful.

They brought with them stories the boardroom had never heard—of resilience forged in constraint, of leadership cultivated without precedent, of ambition that had learned to persist despite invisibility. And in doing so, they expanded the very definition of leadership itself. It was no longer confined to dominance or declaration; it now embraced collaboration, emotional intelligence, and a long-term vision rooted in collective prosperity.

Over time, their influence began to echo beyond quarterly reports and strategic frameworks. It seeped into corporate culture, into hiring philosophies, into the aspirations of young women watching from afar—women who no longer saw boardrooms as distant fortresses, but as inevitable destinations.

Thus, what began as a quiet arrival became a powerful reconstitution of power itself. Not imposed, but earned. Not demanded, but demonstrated. And in that evolution lies a truth both simple and profound when women rise within institutions, they do not merely change outcomes—they change the very nature of how outcomes are imagined.

2. The Emergence From Margins to Mandates

The journey of women into corporate governance has been neither accidental nor entirely organic—it has been sculpted through policy, persistence, and undeniable performance.

Consider this according to reports by McKinsey & Company, companies in the top quartile for gender diversity on executive teams are 25% more likely to experience above-average profitability than those in the bottom quartile. Similarly, research by Catalyst reveals that firms with higher female board representation demonstrate superior return on equity (ROE) and stronger governance outcomes.

In India, regulatory intervention played a catalytic role. The Securities and Exchange Board of India mandated, through the SEBI (LODR) Regulations, 2015, that every listed company must appoint at least one independent woman director subject to pre-requisites. What began as compliance has, in many cases, evolved into conviction.

As of recent estimates, women now hold approximately 13–19% of board seats in across the globe—a marked rise from less than 6% a decade ago.

Yet, numbers alone tell only a fraction of the story.

3. The Power of Perspective Why Women Change the Game

Women do not merely occupy seats—they alter the geometry of decision-making.

For what they bring is not just presence, but perspective; not just participation, but reconfiguration. The structural paradigm of decision-making—once linear, hierarchical, and often unidimensional—begins to evolve into something far more intricate, far more complete. Angles widen. Blind spots shrink. What was once a straight line of consensus transforms into a dynamic, multi-angled prism of thought.

Women introduce a deliberative depth that challenges the velocity of unchecked agreement. They ask different questions—not for the sake of dissent, but for the pursuit of clarity. Where decisions were once driven predominantly by financial immediacy, they introduce considerations of sustainability, ethics, and long-term impact. The calculus changes; success is no longer measured solely in margins, but in meaning.

They recalibrate the balance between risk and responsibility. Studies have often shown that women leaders tend to approach risk not with aversion, but with informed prudence—weighing consequences more holistically, accounting for stakeholders often left at the periphery. In doing so, they do not slow decisions; they strengthen them.

Moreover, they humanise governance. In rooms historically dominated by abstraction—numbers, forecasts, projections—women often reintroduce the human variable the employee, the consumer, the community. Decisions begin to carry not just strategic intelligence, but emotional intelligence—an attribute long undervalued, yet profoundly consequential.

And perhaps most significantly, they disrupt the quiet complacency of homogeneity. Diversity of gender begets diversity of thought, and diversity of thought is the crucible of innovation. Assumptions are interrogated, ideas are stress-tested, and outcomes are no longer the product of comfort, but of conviction.

Thus, the geometry shifts—not by force, but by influence. From rigid to fluid. From narrow to expansive. From predictable to profoundly perceptive. And in that transformation, decision-making ceases to be a mere exercise of authority—it becomes an art of understanding, enriched by the presence of women who reshape not just the seat, but the system itself. Studies indicate that women directors exhibit greater risk-awareness and ethical sensitivity.

Women leaders often prioritise long-term sustainability over short-term gains. ESG (Environmental, Social, Governance) metrics tend to improve in companies with higher female representation, aligning corporate objectives with societal expectations.

Homogeneous boards are prone to “groupthink.” Diverse boards, conversely, are crucibles of debate. The presence of women in leadership cascades downward, fostering inclusive organisational cultures. It signals to the workforce that merit, not gender, dictates ascension.

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[Global Financial Insights] FASB Issues Accounting Standards on Initial Measurement of Paid-in-kind Dividends and More

FASB PIK dividends

Editorial Team – [2026] 185 taxmann.com 951 (Article)

Global Financial Insights is a weekly feature for the Accounts and Audit Module subscribers of Taxmann.com. It provides you with the latest updates on financial reporting and auditing practices from across the globe. Here is this week’s financial update:

1. FASB Issues Accounting Standards Update on Initial Measurement of Paid-in-Kind Dividends on Equity-classified Preferred Stock

The Financial Accounting Standards Board (FASB) has issued a new Accounting Standards Update (ASU) to address how companies should measure paid-in-kind (PIK) dividends on equity-classified preferred stock at initial recognition. The guidance is based on a recommendation from the Emerging Issues Task Force (EITF) and aims to bring clarity to an area where existing US GAAP was silent.

In practice, the absence of clear guidance has led to different measurement approaches being followed by entities. This inconsistency not only affected the carrying value of preferred stock in the balance sheet but also had implications for the calculation of earnings available to common shareholders, thereby reducing comparability across financial statements.

  • Improving Consistency in Financial Reporting – The ASU introduces a uniform approach to address this diversity. By standardising how PIK dividends are measured, the guidance is expected to improve comparability between companies and provide investors with more consistent and meaningful information, particularly in assessing the economic value and liquidation preference of preferred stock.
  • Measurement Aligned with Contractual Terms – Under the new guidance, entities are required to measure PIK dividends initially based on the dividend rate specified in the preferred stock agreement. This approach links the accounting treatment directly to the contractual terms, reducing subjectivity and enhancing transparency.

Source – Financial Accounting Standard Board

2. IASB April 2026 Update Focus on Financial Instruments, Leases, Equity Method and Disclosure Reforms

The International Accounting Standards Board (IASB), in its April 2026 meetings, continued redeliberations across several key projects, including financial instruments, leases, business combinations and cash flow reporting. The discussions largely focused on refining existing proposals, improving clarity in application and addressing stakeholder feedback.

  • Financial Instruments with Characteristics of Equity – The IASB reaffirmed its proposed approach for classifying financial instruments that contain contingent settlement provisions, with some targeted clarifications. It emphasised that such requirements apply where settlement depends on uncertain future events beyond the control of both issuer and holder. The Board also clarified certain inconsistencies in IAS 32, which states that dividend payments are recognised as expenses if shares are wholly classified (instead of recognised) as liabilities to resolve an inconsistency within the Standard. Further, additional clarity was provided on key terms such as “liquidation” and “not genuine”, ensuring a more consistent interpretation in practice. However, the IASB decided to exclude measurement-related aspects of such liabilities from this project and instead address them separately under its amortised cost project.
  • IFRS 16 – Limited Changes Emerging from Post-implementation Review – As part of its post-implementation review of IFRS 16, the IASB considered feedback on lease-related cash flow disclosures. Rather than making broad changes, the Board decided to explore requiring more detailed disclosure of lease cash outflows and their classification within the cash flow statement. At the same time, it chose not to take action on concerns relating to classification differences or comparability between leasing and borrowing transactions, indicating that the current framework remains largely appropriate.
  • Amortised Cost Measurement – Refining Effective Interest Rate Guidance – The IASB discussed improvements to the accounting for changes in the effective interest rate (EIR). It tentatively decided that entities should adjust the EIR when there is a re-estimation of contractual cash flows related to time value of money or credit risk. This aims to bring greater consistency and clarity in applying IFRS 9.
  • Equity Method – Targeted Clarifications on Cost and Additional Investments – In its ongoing work on the equity method, the IASB confirmed several proposals to improve clarity in accounting. It decided to include deferred tax effects in determining the cost of an associate and clarified the treatment of costs incurred when issuing instruments to gain significant influence. The Board also confirmed that gains arising from bargain purchases of additional ownership interests should be recognised in profit or loss, while providing relief in situations where prior losses were not recognised due to the investment being reduced to nil.
  • Business Combinations – Streamlining Disclosure Requirements – The IASB continued its deliberations on improving disclosures related to business combinations. It decided to retain a threshold-based approach for identifying which acquisitions require detailed performance disclosures, while simplifying the criteria by removing certain thresholds. The Board also refined proposals relating to disclosure exemptions, particularly in situations where disclosure could breach legal or regulatory requirements. Additionally, it reaffirmed its proposal to include cash flows from future restructurings and asset enhancements in value-in-use calculations under IAS 36.
  • Statement of Cash Flows – Improving Definition of Cash Equivalents – As part of its broader project on cash flow reporting, the IASB proposed clarifying that cash equivalents should be held primarily to meet short-term cash commitments rather than for investment purposes. This is intended to improve consistency in how entities apply the definition under IAS 7.
  • Consistent Application – IFRIC Agenda Decisions Finalised – The IASB also reviewed several agenda decisions issued by the IFRS Interpretations Committee and did not object to them. These decisions, covering areas such as foreign exchange differences, lease arrangements, fair presentation and expense disclosures, will be finalised and published, providing additional interpretative guidance without changing existing standards.

Overall, the April 2026 discussions reflect the IASB’s continued focus on refining existing standards, addressing practical challenges and enhancing consistency and transparency in financial reporting.

Source – IFRS Foundation

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[Opinion] Trust Registration in the New Income Tax Act 2025 | A New Era Dawns

trust registration ITA 2025

Parth Patel – [2026] 185 taxmann.com 949 (Article)

Imagine a century-old charitable trust—quietly running a charitable activity in a small town of India, year after year. Its trustees never imagined that one day the trust would need to periodically reaffirm its eligibility before the tax authorities. Yet, that reality has already been part of the compliance landscape since the introduction of the five-year revalidation regime under Sections 12AB and 80G(5) of the Income-tax Act, 1961. (From year 2021).

Now, with the arrival of the Income-tax Act, 2025 (“ITA 2025”), effective from Tax Year 2026–27, this familiar framework has not disappeared—it has been recast and renumbered. The earlier provisions governing charitable registration and donation approvals—Sections 12A/12AB and Section 80G(5)—now find their place under Section 332 (Registration of Trusts and Institutions) and Section 354 (Approval for Donor Deduction).

1. The Architecture Section 332 at a Glance

Section 332 is the successor to Section 12AB and governs registration of non-profit organisations. Who can apply? The list is familiar public trusts, registered societies, Section 8 companies, Universities, government-aided institutions, and others notified by the Board (Section 332(1)).

Eligibility under Section 332(2) is anchored on two essentials:

(a) the entity must be constituted in India for charitable or public religious purposes under Section 2(23); and

(b) its properties must be held for the benefit of the general public under an irrevocable trust.

A private trust or a family-benefit arrangement will simply not qualify.

2. Seven Scenarios, Seven Clocks The Section 332(3) Table

The heart of Section 332 is a seven-row table under sub-section (3). Each row represents a distinct life-stage scenario of a charitable entity. Choosing the wrong row—and hence the wrong section code on Form 105—can render your application invalid. Here is a practitioner’s map:

Sl. No.
Scenario 
Apply By
Validity
Form 105 Code
1
Activities NOT commenced, never registered
Anytime during tax year
3 years (provisional)
N/A—provisional (will be governed by Form 104)
2
Activities commenced, never registered before
Anytime during tax year
5 tax years
Code 01
3
Has provisional reg., activities commenced
Within 6 months of commencement 
5 tax years
Code 03
4
Provisional reg. due to expire, activities not commenced
At least 6 months before expiry
5 years (following)
Code 07
5
Registration due to expire (renewal)
At least 6 months before expiry
5 years (following)
Code 11
6
Registration inoperative—regime switch (Sec. 333)
Anytime during tax year
5 tax years
Code 15
7
Modification of objects by registered NPO
Within 30 days of modification
5 tax years
Code 19
Practical Example—Sl. No. 3
A trust receives provisional registration in May 2024. It launches activities in August 2025. The six-month window to convert closes on 28 February 2026. Filing Form 105 on 1 March 2026—even one day late—triggers Section 332(6) the delay is not automatically condoned, and the trust risks tax on accreted income under Section 352. Section 332(3)—Table Sl. No. 3 | Form 105 Code: 03

3. The 10-Year Validity Clause—Quietly Written, Rarely Discussed

A noteworthy practitioner insight lies in Section 332(5) of the Income-tax Act, 2025. Where an entity applies under Sl. Nos. 3 to 7 of the prescribed Table, and its total income for each of the two immediately preceding tax years does not exceed ₹5 crore, the standard validity period of five years is automatically enhanced to ten years. Importantly, this benefit operates by default under the statute, and no separate application is required to avail the extended validity. Practically, however, it is advisable that the assessee specifically highlight this eligibility in its submission before the PCIT/CIT, so that the extended ten-year validity is duly considered and reflected in the registration order.

Click Here To Read The Full Article

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HC Allows QRMP Exit and Monthly GST Filing Migration

QRMP opt out monthly GST filing

Case Details: Celebration Blenders & Distilleres (P.) Ltd. vs. Assistant Commissioner of CGST & CX - [2026] 185 taxmann.com 800 (Calcutta)

Judiciary and Counsel Details

  • Kausik Chanda, J.
  • Mainak Bose, Sr. Adv., Akshat AgarwalMs Doyel Dey, Advs. for the Petitioner.
  • Vipul Kundalia, Sr. Adv., Tapan BhanjaAnindya Kanan, Advs. for the Respondent.

Facts of the Case

The assessee, a registered person under the CGST Act, had opted into the Quarterly Return Monthly Payment (QRMP) scheme under the CBIC Notification dated 10-11-2020, being eligible on account of its turnover being below Rs 5 crores. It was submitted that the assessee’s aggregate turnover crossed Rs 5 crores in December 2025, thereby mandating an opt-out from the QRMP scheme with effect from the quarter commencing January 2026 and a transition to monthly return filing. The assessee contended that its attempt to opt out through the GST common portal was unsuccessful due to system constraints, and its representations before the GST Grievance Redressal Forum remained pending without resolution. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that the assessee was entitled to be migrated out of the QRMP scheme upon crossing the prescribed turnover threshold, and such entitlement could not be defeated on account of technical limitations of the GST portal. It was held that the statutory scheme under Section 37, Section 39, and Section 146 of the CGST Act, read with the West Bengal GST Act, permits monthly return filing once the eligibility conditions for QRMP cease to exist. The Court observed that procedural constraints or portal incapacity cannot override substantive statutory rights, particularly where the assessee attempted timely action. It further directed the GST authorities and GSTN to carry out necessary backend modifications to enable migration to monthly filing with effect from March 2026. The assessee was also permitted to file returns upon payment of applicable late fee and interest, and was granted liberty to seek a refund.

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Voluntary Retirement Deemed Accepted on Notice Expiry | SC

voluntary retirement deemed acceptance

Case Details: UCO Bank vs. SK Shrivastava - [2026] 185 taxmann.com 282 (SC)

Judiciary and Counsel Details

  • J.K. Maheshwari & Vijay Bishnoi, JJ.
  • Brijesh Kumar Tamber, AOR for the Appellant.

Facts of the Case

In the instant case, the respondent-employee was serving as a Branch Manager when suspicious transactions in two accounts came to the bank’s notice. On 04.10.2010, he submitted a three-month notice for voluntary retirement to the appointing authority under the Pension Regulations.

Subsequently, on 11.11.2010, the Zonal Office issued a show-cause notice regarding the alleged transactions. Later, on 20.12.2010, the Zonal Office informed him that his request for voluntary retirement could not be considered. Upon expiry of the notice period, he ceased working with effect from 16.05.2011. Thereafter, on 29.06.2011, the branch informed him that his request for voluntary retirement had not been accepted.

Nearly eight months after he had severed his employment, the bank issued a charge sheet on 05.03.2012 alleging suspicious transactions, followed by an order of dismissal from service.

The respondent filed writ petitions seeking terminal benefits on the basis of voluntary retirement and also challenged the charge-sheet and dismissal order. The High Court held that the respondent stood retired upon completion of the three-month notice period, or in any case from 16.05.2011, and accordingly directed the grant of terminal benefits.

Supreme Court Held

The Supreme Court observed that since the notice of voluntary retirement was not refused by the competent authority within the stipulated period, it became effective automatically by efflux of time upon expiry of the three-month period on 04.01.2011. It was further held that the show-cause notice issued by the bank did not indicate any intention to initiate disciplinary proceedings and, therefore, could not be construed as such.

Accordingly, the Supreme Court held that the subsequent issuance of the charge-sheet and the consequential order of dismissal were not justified in law. The respondent was thus held entitled to all consequential post-retiral benefits.

List of Cases Reviewed

  • Order of High Court of Chhattisgarh, Bilaspur in Writ Appeal No. 824 of 2018, dated 07.01.2019 (para 43) affirmed
  • UCO Bank v. Rajinder Lal Capoor 2007 taxmann.com 2206 (SC)/(2007) 6 SCC 694
  • UCO Bank v. Rajinder Lal Capoor (2008) 5 SCC 257 (para 41)
  • Canara Bank v. D.R.P. Sundharam (2016) 12 SCC 724
  • State Bank of India v. Navin Kumar Sinha 2024 SCC OnLine SC 3369
  • UCO Bank v. M.B. Motwani (2024) 13 SCC 109 (para 42) distinguished

List of Cases Referred to

  • UCO Bank v. Rajinder Lal Capoor 2007 taxmann.com 2206 (SC) (para 9)
  • UCO Bank v. Rajinder Lal Capoor (2008) 5 SCC 257 (para 9)
  • Canara Bank v. D.R.P. Sundharam (2016) 12 SCC 724 (para 9)
  • State of Haryana v. S.K. Singhal (1999) 4 SCC 293 (para 14)
  • Tek Chand v. Dile Ram (2001) 3 SCC 290 (para 14)
  • Dinesh Chandra Sangma v. State of Assam (1977) 4 SCC 441 (para 19)
  • B.J. Shelat v. State of Gujarat (1978) 2 SCC 202 (para 21)
  • Union of India v. Sayed Muzaffar Mir 1995 Supp (1) SCC 76 (para 24)
  • State Bank of India v. Navin Kumar Sinha 2024 SCC OnLine SC 3369 (para 42)
  • UCO Bank v. M.B. Motwani (2024) 13 SCC 109 (para 42).

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No Tax on Foreign Account of Non-Resident Without India Nexus | HC

non resident foreign income

Case Details: Commissioner of Income-tax (IT) vs. Dipendu Bapalal Shah - [2026] 185 taxmann.com 654 (Bombay)

Judiciary and Counsel Details

  • M. S. Karnik & Gautam A. Ankhad, JJ.
  • Ms Shilpa Goel, Adv. for the Appellant.
  • Rohan P. ShahRajath Bharadwaj, Advs. & Ms Vidushi Maheshwari for the Respondent.

Facts of the Case

The assessee was an individual and a non-resident for the relevant assessment year. The case was reopened based on information received from the French Government regarding deposits made by the assessee in its HSBC Bank, Geneva, account. During the assessment proceedings, the assessee was asked to provide the original CD of the HSBC Bank account statement or a signed and notarised consent waiver form. However, the assessee failed to provide the same. In the absence of a satisfactory explanation regarding the source of deposits, the Assessing Officer (AO) added the said amount to the assessee’s income.

On appeal, CIT(A) deleted the additions made by AO. The matter then reached the Mumbai Tribunal, which upheld the CIT(A) order. The matter then reached the Bombay High Court.

High Court Held

The High Court held that there was no dispute that the assessee was a non-resident under Section 6 of the Income-tax Act. AO had made additions based on the Base Note of the foreign bank account of HSBC Bank, Geneva, as income that had escaped assessment. However, the CIT(A) found that the HSBC Bank, Geneva, bank account was opened in 1997. The assessee was, in fact, a non-resident since 1979.

Thus, during 1997, the year in which the account was opened, and even before and after this year, the assessee continued to be a non-resident under the Act. It is a well-settled position in law that a non-resident having money in a foreign country cannot be taxed in India if such money has neither been received nor deemed to be received, nor has it accrued or arisen to him or been deemed to accrue or arise to him in India.

The CIT(A) referred to the provisions of Section 5(2) read with Section 9 of the Act. The assessee, being a non-resident, CIT(A) held that being a ‘non-resident’, having money in a foreign country, cannot be called upon to pay income tax on that money in India unless it satisfies the test of taxability under the provisions of the Act, which in the instant case was not satisfied. It is incumbent upon the Revenue to establish any tax liability strictly within the statutory parameters of the law. The department was unable to discharge the burden of proof. Accordingly, the additions made by AO were not justified.

List of Cases Reviewed

List of Cases Referred to

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