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SEBI AIF Amendment 2026 | ₹1,000 Threshold & Inoperative Funds

SEBI AIF Amendment 2026

The Securities and Exchange Board of India (SEBI) has notified the 2026 amendment to the SEBI (Alternative Investment Funds) Regulations, 2012, introducing key changes to investment norms, fund operations, and lifecycle management.

1. Reduction in Minimum Investment Threshold

Regulation 10(c) has been amended to:

  • Reduce the minimum investment requirement from ₹2 lakh to ₹1,000
  • Applicable for individual investors in Social Impact Funds investing in not-for-profit organisations (NPOs)

Impact:

  • Significantly lowers the entry barrier
  • Encourages wider retail participation
  • Promotes inclusive financing for social impact initiatives

2. Framework for Winding-Up of AIF Schemes

Regulation 29(7) has been amended to:

  • Empower SEBI to prescribe conditions for satisfying liabilities during winding-up

Impact:

  • Ensures a more structured and transparent exit process
  • Strengthens investor protection and fund governance

3. Introduction of “Inoperative Funds”

  • A new Regulation 29(10A) has been inserted introduces the concept of “inoperative funds”

Impact:

  • Enables SEBI to:
    1. Identify and classify inactive AIFs
    2. Prescribe conditions for their treatment and monitoring
  • Improves regulatory oversight and fund lifecycle management

4. Objective of the Amendments

The changes aim to:

  • Promote financial inclusion in social investing
  • Enhance regulatory clarity and control
  • Strengthen AIF ecosystem governance

5. Conclusion

The amendments reflect SEBI’s focus on making AIFs more accessible, transparent, and well-regulated, while supporting the growth of impact investing and efficient fund management practices.

Click Here To Read The Full Notification

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GST Order Set Aside for No Hearing – 50% Deposit Required | HC

lack of hearing

Case Details: Sri Selvaganapathy Steels vs. Assistant Commissioner (ST) (FAC) - [2026] 185 taxmann.com 207 (Madras)

Judiciary and Counsel Details

  • C. Saravanan, J.
  • Adithya Reddy for the Petitioner.
  • Ms Amirtha Poonkodi Dinakaran, Government Adv. for the Respondent.

Facts of the Case

The petitioner had been issued a show cause notice (SCN) in Form DRC-01 under the CGST Act and Tamil Nadu GST Act, calling upon it to appear for a personal hearing and submit its reply. It was contended that the petitioner did not avail the opportunity of personal hearing provided in the proceedings, resulting in the passing of the impugned order. The petitioner challenged the said order on the ground that it had been passed without granting an effective opportunity of hearing, and further submitted that the statutory period for filing an appeal had already expired, thereby constraining it to invoke writ jurisdiction. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that under similar circumstances, orders had been quashed and cases had been remitted back to the respondent to pass fresh orders subject to assessee depositing 25 to 100 percent of disputed tax amount, depending upon length of delay in approaching court. It further held that, to balance interest of both parties, the case was to be remitted back to the respondent to pass a fresh order on merits, subject to the petitioner depositing 50 percent of disputed tax amount within 30 days. The petitioner was to file reply to SCN treating the impugned order as an addendum to SCN. It was concluded that the adjudication was to proceed in accordance with Section 75 of the CGST Act and Tamil Nadu GST Act.

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SEBI REIT Amendment 2026 | Credit Risk Cut to 10

SEBI REIT Amendment 2026

The Securities and Exchange Board of India (SEBI) has notified the 2026 amendment to the SEBI (Real Estate Investment Trusts) Regulations, 2014, introducing key changes to investment eligibility and regulatory clarity.

1. Key Regulatory Amendments

The changes specifically modify:

  • Regulation 2(1)(ta)
  • Regulation 18(5)(i)

2. Reduction in Credit Risk Threshold

  • The minimum credit risk value has been reduced from 12 to 10

Impact:

  • Eases eligibility criteria for investment instruments
  • Provides REITs with greater flexibility in portfolio construction

3. Expansion of Permissible Investment Instruments

  • Inclusion of “Class B-I” instruments
  • Alongside existing “Class A-I” instruments

Impact:

  • Expands the investment universe for REITs
  • Enables better diversification and risk management

4. Terminology Standardisation

  • Minor revisions introduced to standardise references to government securities

Impact:

  • Enhances clarity and consistency in regulatory language

5. Objective of the Amendment

The amendments aim to:

  • Improve investment flexibility for REITs
  • Strengthen market efficiency and depth
  • Ensure clear and consistent regulatory interpretation

6. Conclusion

These changes reflect SEBI’s intent to modernise the REIT framework, enabling broader investment opportunities while maintaining robust regulatory standards.

Click Here To Read The Full Notification

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Practical Insights on Ind AS and SAs – Ind AS Recognition | Derecognition | Measurement

Ind AS recognition derecognition

Taxmann presents Practical Insights on Ind AS and SAs, a weekly series exclusively for Accounts and Audit Module subscribers of Taxmann.com, focusing on the practical application of Ind AS and Standards on Auditing through structured, issue-based analysis.

Each week features a focused topic with real-world relevance. This edition explores the principles of recognition, derecognition, and measurement under the Conceptual Framework, focusing on how financial statement elements are identified, presented, and valued in practice. It explains when assets, liabilities, income, and expenses should be recorded, when they should be removed, and how appropriate measurement bases are selected to reflect their economic significance.

1. Introduction

Financial reporting is not merely about recording transactions; it is about translating economic events into meaningful financial information that reflects the true position and performance of an entity. In this context, the concepts of recognition, derecognition, and measurement form the core pillars of the financial reporting framework. Recognition determines when an element, such as an asset or liability, should enter the financial statements, while derecognition addresses when and how such elements should be removed as underlying rights or obligations change or cease to exist. Measurement, on the other hand, deals with how much these elements should be reported at, by assigning appropriate monetary values based on selected measurement bases.

These three aspects are deeply interconnected. Recognition without appropriate measurement would render financial information incomplete, while derecognition ensures that outdated or no longer relevant information does not distort the financial statements. Together, they ensure that financial statements present a structured, consistent, and economically meaningful depiction of an entity’s financial position and performance. A clear understanding of these principles is therefore essential for interpreting how financial information is constructed and presented in practice.

2. Recognition of Elements of Financial Statements

Recognition is the gateway through which financial information enters the formal structure of financial statements. It determines whether a particular economic event or item is reflected in the Balance Sheet or the Statement of Profit and Loss. In essence, recognition involves incorporating an item, either individually or as part of a group, into these statements so that it becomes part of the entity’s reported financial position or performance. The amount at which such an item is recorded in the Balance Sheet is commonly referred to as its carrying amount.

Financial statements are not a mere collection of isolated figures; they are structured summaries designed to present a coherent financial story. The Balance Sheet captures the entity’s resources and obligations, while the Statement of Profit and Loss explains how those resources have changed over a period through income and expenses. Recognition acts as the connecting mechanism between these statements, ensuring that changes in one element are appropriately reflected across the financial reporting framework.

This interconnectedness is most evident in transactions that simultaneously impact multiple elements. For example, when goods are sold for cash, the entity records an increase in cash and recognises revenue. At the same time, the cost associated with those goods is recognised as an expense through an inventory reduction. Such simultaneous recording ensures that the financial statements reflect both the inflow of benefits and the associated sacrifice of resources, thereby presenting a complete picture of the transaction’s economic effect.

Recognition also plays a critical role in linking financial information across reporting periods. The opening balances of assets, liabilities, and equity are adjusted during the year through recognised income, expenses, and other changes. These movements ultimately lead to the closing balances, with the Statement of Changes in Equity acting as a bridge that captures profit or loss, other comprehensive income, and owner-related transactions. Through this process, recognition ensures continuity and consistency in financial reporting.

3. When Should an Item be Recognised?

While definitions of assets, liabilities, income, and expenses provide a conceptual foundation, they do not automatically justify recognition. The decision to recognise an item depends on whether doing so enhances the usefulness of financial statements.

Two key considerations guide this decision: the ability of the information to influence users’ decisions and its capacity to faithfully represent the underlying economic reality. Recognition should contribute meaningfully to the understanding of an entity’s financial position or performance. If including an item adds little value or risks misrepresenting the situation, it may be more appropriate to exclude it from the primary statements.

Practical constraints also come into play. The process of identifying, measuring, and presenting information involves effort and cost. Recognition is therefore justified only when the benefits derived from the information outweigh the resources required to produce it. This introduces an element of judgment, as what is considered useful or cost-effective may vary depending on the circumstances and applicable standards.

Even when an item is not recognised, it may still warrant disclosure. Notes to financial statements often serve as an important supplement, ensuring that relevant information is not entirely omitted simply because it does not meet recognition thresholds.

3.1 Role of Uncertainty in Recognition Decisions

Uncertainty is an inherent aspect of financial reporting and often influences whether recognition is appropriate. Situations may arise where it is unclear whether an asset or liability exists, or where the likelihood of future economic benefits is highly uncertain.

In such cases, recognising an item may not necessarily improve the quality of financial information. For instance, if the probability of receiving or sacrificing economic benefits is extremely low, including the item in the financial statements could mislead users rather than inform them. Instead, it may be more meaningful to explain the situation through disclosures.

However, uncertainty does not always prevent recognition. In transactions carried out at market terms, the transaction price itself often reflects underlying risks and probabilities. Recognising such transactions at cost can therefore provide useful and understandable information, even if future outcomes remain uncertain. Conversely, for events that do not involve an exchange, recognising items with highly uncertain outcomes may result in income or expenses that do not accurately portray economic reality.

3.2 Measurement Challenges and Their impact on Recognition

Recognition is closely tied to measurement, as an item cannot be included in financial statements without assigning it a value. In many cases, this value is based on estimates, which introduces varying degrees of uncertainty.

Where estimation involves a broad range of possible outcomes or relies heavily on subjective assumptions, the reliability of the resulting information may be compromised. If the level of uncertainty is too high, recognising such an amount may fail to provide a faithful representation.

In practice, different approaches may be adopted depending on the circumstances. Sometimes, the best available estimate is used, supported by detailed explanations of the assumptions involved. In other cases, a more stable but slightly less precise measure may be preferred. In rare situations, if no measurement basis can provide meaningful information, recognition may not be appropriate at all.

Regardless of the approach, transparency remains essential. Users should be made aware of the uncertainties surrounding recognised amounts so that they can interpret the information appropriately.

3.3 Broader Implications of Recognition Decisions

The decision to recognise or omit an item has consequences beyond its immediate presentation. For example, excluding an asset may result in higher reported expenses, while not recognising a liability could lead to overstated income. Such outcomes can influence key performance indicators and affect users’ perception of the entity.

Another important consideration is consistency between related elements. Recognising one side of a transaction without the corresponding element may create distortions, often referred to as accounting mismatches. These mismatches can reduce the clarity and reliability of financial statements, making it difficult for users to understand the true economic impact of transactions.

To address these challenges, recognition must be complemented by appropriate presentation and disclosure. Financial statements should not only include relevant amounts but also provide sufficient explanation to ensure that the information is complete and understandable.

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HC on Regularisation of Daily Wage Staff with 38 Years’ Service

daily wage regularisation

Case Details: Rajesh Ratre vs. State of Chhattisgarh - [2026] 185 taxmann.com 446 (Chhattisgarh)[01-04-2026]

Judiciary and Counsel Details

  • Parth Prateem Sahu, J.
  • Ajeet Kumar Yadav, Adv. for the Petitioner.
  • Aditya Tiwari, P.L. for the Respondent.

Facts of the Case

In the instant case, the petitioners were daily wage employees of the State who had been continuously working for about 38 years. They were initially appointed through a proper process against Class IV posts, but were never regularised despite long service. They submitted representations seeking regularisation, which were not decided, and therefore approached the High Court seeking a direction for consideration of their claim.

High Court Held

The State did not seriously oppose the petition and agreed that the authorities could decide the matter on the basis of the petitioners’ representation. The Court noted that similar issues had been considered by the Supreme Court, which has consistently held that long-term engagement of daily wage or temporary employees in a permanent nature of work should not be ignored, and arbitrary “ad-hoc” employment practices are discouraged. The Court referred to decisions of Narendra Kumar Tiwari, Jaggo, Bhola Nath, and Dharam Singh, where the Supreme Court emphasised fairness, dignity of labour, and avoidance of prolonged temporary employment.

Relying on these principles and a State regularisation policy circular, the High Court did not itself order regularisation but directed the authorities to consider the petitioners’ case. It specifically instructed the State to decide the representation by taking into account their long service (about 38 years) and the relevant Supreme Court judgments on the regularisation of daily wage employees.

The writ petition was disposed of with a direction to the State authorities to examine and decide the petitioners’ regularisation claim within about four months, in a fair and time-bound manner, considering their long continuous service and applicable legal principles.

List of Cases Referred to

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Illegality in Section 67 Search Won’t Invalidate GST SCN | HC

Illegality in Section 67

Case Details: Additional Commissioner of Central Tax vs. Vigneshwara Transport Company - [2026] 185 taxmann.com 487 (Karnataka)

Judiciary and Counsel Details

  • S.G. Pandit & K. V. Aravind, JJ.
  • Shishira Amarnath, Adv. for the Appellant.
  • Pranay Sharma Y., Adv. for the Respondent.

Facts of the Case

The respondent-assessee was subjected to an investigation for alleged invoice manipulation, e-way bill irregularities, and clandestine removal of goods. Based on information gathered through summons and inquiry, a show cause notice (SCN) was issued under Section 74 of the CGST Act and Karnataka GST Act alleging tax evasion. The assessee challenged the notice in writ proceedings contending that the underlying search and investigation under Section 67 suffered from procedural irregularities, lack of jurisdiction, and borrowed satisfaction, and therefore the notice and reliance on such material were invalid. It was further submitted that incriminating material, including e-way bills and statements collected during search, could not be used in adjudication when the search itself was alleged to be illegal. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that Section 74 of the CGST Act permits initiation of adjudication proceedings on the basis of material in possession of the proper officer irrespective of its source, and does not make adjudication contingent upon the legality or outcome of proceedings under Section 67. It held that alleged procedural defects in search or investigation do not vitiate a valid SCN when substantive material exists and is furnished to the assessee, who can contest its relevancy and admissibility during adjudication. It further held that reliance on material collected through summons or search and its transmission to the jurisdictional officer does not amount to impermissible borrowed satisfaction when independently examined and incorporated in the notice. It was concluded that interference at the stage of SCN is premature where an effective opportunity of reply is available. Accordingly, the writ appeal was allowed and the challenge to the SCN was rejected.

List of Cases Reviewed

  • Order of Single Judge of High Court of Karnataka in W.P. No.18305/2023 (T-RES) dated 28.11.2024 (para 14) reversed
  • Dr. Naresh Kumar Garg v. State of Haryana 2026 SCC Online SC 295 (para 12)
  • Pooran Mal v. Director of Inspection [1974] 93 ITR 505 (SC) (para 12), followed

List of Cases Referred to

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Section 270AA Immunity Rejection Invalid Without Penalty Decision | HC

Section 270AA immunity

Case Details: IBS Software (P.) Ltd. vs. Union of India - [2026] 185 taxmann.com 351 (Kerala)

Judiciary and Counsel Details

  • Devan Ramachandran & Basant Balaji, JJ.
  • Raja KannanJoson ManavalanK. John MathaiKuryan ThomasM. Gopikrishnan NambiarPaulose C. Abraham, Advs. & E.K. Nandakumar, Sr. Adv. for the Petitioner.
  • P.G. JayashankarG. Keerthivas, Advs. & Navaneeth N. Nath, CGC for the Respondent.

Facts of the Case

The assessee filed an application seeking immunity from the penalty proceedings under section 270A. However, the Assistant Commissioner of Income Tax (ACIT) rejected the application on the grounds that the assessee’s misreporting of income has been proved.

The matter reached the Kerala High Court.

High Court Held

The High Court held that the ACIT had issued a notice under section 270A, against which the assessee filed objections. The assessee contended that it had committed no error or wrongdoing, including misrepresentation, misreporting, or underreporting of income.

Admittedly, the assessee’s objections had not been considered yet. However, the ACIT issued a notice declining to grant immunity from the penalty proceedings. The Court held that the ACIT had acted prematurely in considering the application in question. It is only after the Competent Authority decides to impose the penalty that the decision on immunity from it can be considered.

If the Authority, after considering the objections, decides not to impose a penalty, it would not be necessary to issue an order on the application seeking immunity from the penalty. The Authority concerned had not yet decided to impose the penalty, and such a decision would depend on the consideration of the assessee’s objections.

Accordingly, the High Court set aside the order and directed the ACIT to consider the objections in its proper perspective, after affording necessary opportunities to the assessee.

List of Cases Reviewed

  • Judgement of Kerala High Court IN WP(C) NO.42692 OF 2022 dated 19-12-2023 [Para 12] Set aside

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[Opinion] How the Income Tax Act 2025 Silently Overturns the Landmark SC Ruling in V.S. Dempo

ITA 2025 V.S. Dempo Section 54EC

Punit Agarwal – [2026] 185 taxmann.com 577 (Article)

1. Introduction

The Income-tax Act, 2025 (“the new Act”), which comes into force with effect from 1st April, 2026, has been projected as a simplification and consolidation exercise. A closer reading, however, reveals that in the garb of re-drafting, the legislature has quietly neutralised several long-standing judicial precedents. One such casualty is the landmark ruling of the Hon’ble Supreme Court in CIT v. V.S. Dempo Company Ltd. [2016] 74 taxmann.com 15 (SC)/[2016] 242 Taxman 434 (SC)/[2016] 387 ITR 354 (SC), which had for nearly a decade enabled assessees to claim exemption under Section 54EC in respect of capital gains arising on the transfer of depreciable assets.

The instrument of this reversal is deceptively simple i.e. a two-word change in the opening clause of Section 85 of the new Act (corresponding to the erstwhile Section 54EC). The trigger of the exemption has been shifted from the transfer of a “long-term capital asset” to the arising of “long-term capital gains”. The consequence, though subtle on the face of the statute, is substantial in effect. This article examines how this linguistic shift effectively overturns the ratio of V.S. Dempo, and what it means for taxpayers dealing with depreciable assets on and after 1st April, 2026.

2. Issue Involved

Section 50 of the Income-tax Act, 1961 creates a legal fiction in the case of depreciable assets forming part of a block of assets. Notwithstanding the period of holding, any capital gain arising on the transfer of such an asset (or of the whole block) is deemed to be a short-term capital gain. The object of the fiction is straightforward i.e. to deny assessees a double benefit i.e., depreciation on one hand and indexed long-term capital gain treatment on the other.

The issue which occupied the courts for nearly two decades was whether this deeming fiction which converts a long-term gain into a short-term gain for the limited purpose of computation also disentitles the assessee from claiming exemption under other provisions of the Act, most notably Sections 54E, 54EC and 54F, each of which is available only in respect of a “long-term capital asset”.

Put differently, if an asset is a long-term capital asset (held for more than the prescribed period) but is depreciable, does the fiction in Section 50 travel beyond Sections 48 and 49 and destroy the assessee’s claim to rollover exemption?

3. Ratio laid down by Hon’ble Supreme Court of India in V.S. Dempo

In V.S. Dempo, the assessee had sold its loading platform M.V. Priyadarshni in the previous year relevant to assessment year 1989-90. The asset had been acquired in 1972 and was admittedly held for over 17 years. Depreciation had been claimed on the asset. The Assessing Officer denied exemption under Section 54E on the ground that, by virtue of Section 50, the gains were deemed short-term, and Section 54E was available only on long-term capital assets.

The Income Tax Appellate Tribunal and the Bombay High Court ruled in favour of the assessee. The High Court relied upon its own earlier decision in CIT v. ACE Builders (P.) Ltd. [2005] 144 Taxman 855 (Bombay)/[2006] 281 ITR 210 (Bombay). The Hon’ble Apex Court affirmed the view, holding categorically that:

“…there is nothing in Section 50 to suggest that the fiction created in Section 50 is not only restricted to Sections 48 and 49 but also applies to other provisions. On the contrary, Section 50 makes it explicitly clear that the deemed fiction created in sub-section (1) & (2) of Section 50 is restricted only to the mode of computation of capital gains contained in Sections 48 and 49… the fiction created under Section 50 is confined to the computation of capital gains only and cannot be extended beyond that… Section 54E does not make any distinction between depreciable asset and non-depreciable asset and, therefore, the exemption available to the depreciable asset under Section 54E cannot be denied by referring to the fiction created under Section 50.”

The rationale rested on three pillars, first, the plain language of Section 50 itself confined the fiction to Sections 48 and 49; secondly, the settled proposition that a legal fiction must be confined to the purpose for which it is created (the Hon’ble Supreme Court relied on State Bank of India v. D. Hanumantha Rao, 1998 (6) SCC 183); and thirdly, the structural fact that Section 54E, 54EC and 54F triggered off the character of the asset (a long-term capital asset), not the post-fiction character of the gain.

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RBI Eases Branch Expansion Norms for NBFCs with Revised Directions

RBI NBFC branch authorisation directions

Press Release: 2026-2027/87, Dated 15.04.2026

The Reserve Bank of India (RBI) has issued amendment directions revising the framework for branch authorisation of Non-Banking Financial Companies (NBFCs).

1. Objective of the Amendments

The amendments aim to:

  • Streamline and liberalise branch expansion norms
  • Enable faster and easier geographical expansion for NBFCs
  • Maintain adequate regulatory oversight

2. Liberalisation of Branch Opening Norms

The revised framework:

  • Simplifies procedures for opening new branches
  • Applies across various categories of NBFCs, including housing Finance Companies (HFCs)
  • Reduces regulatory friction in expansion decisions

3. Consequential Regulatory Changes

In line with the revised framework:

Amendments have also been made to:

  • Directions relating to public deposits
  • Regulations governing housing finance companies

These ensure consistency across regulatory frameworks.

4. Regulatory Impact

The changes are expected to:

  • Promote financial inclusion through wider outreach
  • Support business growth of NBFCs
  • Improve access to credit in underserved regions

5. Conclusion

The revised directions reflect RBI’s intent to create a balanced regulatory environment, enabling ease of expansion for NBFCs while ensuring continued prudential supervision and stability.

Click Here To Read The Full Press Release

 

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SEBI–DoT MoU to Strengthen Action Against Cyber & Market Fraud

SEBI DoT MoU cyber fraud

Press Release No. 25/2026, Dated 15.04.2026

The Securities and Exchange Board of India (SEBI) has entered into a Memorandum of Understanding (MoU) with the Department of Telecommunications (DoT) to strengthen cooperation in tackling cybercrime and financial fraud in the securities market.

1. Objective of the MoU

The collaboration aims to:

  • Enhance coordinated action against cyber-enabled financial frauds
  • Prevent misuse of telecom infrastructure for fraudulent activities
  • Strengthen investor protection mechanisms

2. Data Sharing and Intelligence Exchange

  • The MoU enables regular sharing of data and information between SEBI and DoT
  • Utilises the Digital Intelligence Platform (DIP) developed by DoT:
    1. Facilitates secure and real-time intelligence exchange
    2. Helps identify suspicious telecom patterns linked to frauds

3. Focus on Telecom Misuse

The initiative targets:

  • Spam calls and messages used in investment scams
  • Misuse of telecom channels for:
    1. Market manipulation
    2. Fraudulent schemes

4. Strengthening Inter-Agency Coordination

The arrangement will:

  • Improve regulatory coordination and response time
  • Enable proactive detection and prevention of frauds
  • Support joint enforcement actions

5. Conclusion

The SEBI–DoT MoU represents a collaborative, technology-driven approach to combating cyber-enabled financial fraud, enhancing the integrity and security of the securities market ecosystem.

Click Here To Read The Full Press Release

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