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IBC Cannot Override Benami Act Attachment – NCLT Lacks Jurisdiction | SC

IBC vs Benami Act Supreme Court ruling

Case Details: S. Rajendran vs. Deputy Commissioner of Income-tax [2026] 183 taxmann.com 685 (SC)

Judiciary and Counsel Details

  • Pamidighantam Sri Narasimha & Atul S. Chandurkar, JJ.
  • Sajan PoovayyaRajiv ShakdherKrishnan VenugopalKrishnan Venugopal, Sr. Advs., Bharadwajaramasubramaniam R.Diwaagar R.S.Priyadarshi BanerjeeRishabh SinghleMs Leelavathi P.Ms Shrinithi S.R.Gokulnath S.Ms Vibha ShyamMs Raksha AgrawalHarshvardhan SharmaB. DhanarajG. Ananda SelvamHabib MuzaffarKaran KhetaniJonathan Ivan RajanMs Sangamithra LoganathanKrishnan AgarwalMs Elamathi M.S.Harnoor SinghLabeeb FaaeqMs Nandini KaushikSiddharth VenugopalMs Umang MotiyaniMs Prakriti RastogiMs Aryama Singh Rajput, Advs., Sujoy ChatterjeeAnand Dilip LandgeShivendra Singh, AORs for the Petitioner.
  • S. Dwarakanath, A.S.G., Rajat NairZoheb HussainMrs. Gargi KhannaMrs. Madhulika Upadhyay AorShashank BajpaiRajat VaishnawPrabhakar YadavH. Siddharth BhandariMudit BansalS. Vijay AdithyaAbhyudey KabraK. Gowtham KumarVishwaditya SharmaMs Deeksha GuptaMs Harsha TripathiMs Kanishka SinghSubornadeep BhattacharjeeK. ShivaRohan DewanMs Aakriti PriyaUdayaditya BanerjeeMs Suganya T.S.Parikshit PitaleKrishnan AgarwalMs Elamathi M.S.Harnoor SinghLabeeb FaaeqMs Nandini KaushikSiddharth VenugopalMs Umang MotiyaniMs Prakriti RastogiMs Aryama Singh Rajput, Advs., Raj Bahadur YadavMs Madhulika UpadhyayBalaji SrinivasanShivendra SinghP.S. SudheerMs Aanchal Tikmani, AORs & P.B. Suresh, Sr. Adv. for the Respondent.

Facts of the Case

A search was conducted under section 132 of the Income-tax Act. The search revealed that the promoters of the corporate debtor had transferred their 100 per cent shareholding to the beneficial owner, V, through an intermediary, for a consideration paid in demonetised high-value currency notes. Proceedings were initiated under the Prohibition of Benami Property Transactions Act, 1988 (Benami Act), and provisional attachment orders were passed attaching the immovable properties of the corporate debtor.

Meanwhile, the corporate debtor underwent the Corporate Insolvency Resolution Process (CIRP) and was later ordered into liquidation under the IBC Act. The liquidator challenged the provisional attachment before the NCLT, contending that the properties formed part of the liquidation estate and that the moratorium under section 14 of the IBC barred such attachment. The NCLT dismissed the application, and the matter reached the Supreme Court.

Supreme Court Held

The Supreme Court held that the Benami Act is concerned with identifying and extinguishing benami holdings through a confiscatory mechanism. At the same time, the IBC is directed toward the resolution and liquidation of a corporate debtor’s assets within a time-bound framework. The Act also establishes a distinct adjudicatory hierarchy and demarcates jurisdictional boundaries. Section 45 bars the jurisdiction of civil courts in respect of matters that the authorities or the Appellate Tribunal are empowered to determine. Section 46 provides for appeals to the Appellate Tribunal against orders of the Adjudicating Authority, with a further appeal to the High Court on questions of law.

Section 53 prescribes stringent punishment for benami transactions entered into to defeat the law, avoid statutory dues or defraud creditors. While section 60 clarifies that the provisions of the Act are in addition to, and not in derogation of, any other law, section 67 confers overriding effect in the event of inconsistency. The legislative scheme thus discloses a complete code. It was argued that in the present case, the IBC, being the later and more comprehensive insolvency legislation, must govern in the event of a conflict.

However, the property sought to be included in the liquidation estate had been provisionally attached for being a benami property, which cannot be overlooked. The Benami Act is a complete and self-contained code governing identification, provisional attachment, adjudication and confiscation of benami property, supported by a distinct appellate hierarchy. Exclusive jurisdiction over such determinations is conferred upon authorities constituted under the Benami Act. The IBC neither displaces this statutory mechanism nor empowers the NCLT to reopen findings rendered thereunder. Insolvency proceedings cannot be utilised to convert property held for another into distributable assets for creditors. The IBC contemplates distribution of the debtor’s estate, not assets impressed with a trust or held on behalf of a third party.

Accordingly, the Court held that the section 14 moratorium does not bar sovereign attachment under the Benami Act and applies only to creditor recovery actions where the corporate debtor has a beneficial interest. The appellants’ invocation of the IBC to challenge the attachment was misconceived and amounted to an abuse of process, and the appeals were therefore dismissed with exemplary costs.

List of Cases Reviewed

List of Cases Referred to

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Absence of DIN Not Fatal if RFN Generated | HC

GST order without DIN validity

Case Details: Kudos Facililty Services vs. State of Andhra Pradesh [2026] 183 taxmann.com 604 (Andhra Pradesh)

Judiciary and Counsel Details

  • R. Raghunandan Rao & T.C.D. Sekhar, JJ.
  • M. Ravindra for the Petitioner.

Facts of the Case

The petitioner, a registered dealer engaged in supply of manpower services, was subjected to assessment proceedings for the tax period 2019-20. A pre-show cause notice in Form GST DRC-01A and a show cause notice in Form GST DRC-01 were issued alleging discrepancies in returns. As no objections were filed, an assessment order dated 12.06.2024 was passed and uploaded on the GST portal. The petitioner preferred an appeal, which was rejected. Thereafter, recovery proceedings were initiated by issuance of attachment notice in Form GST DRC-16. Challenging the assessment order and consequential proceedings, the petitioner filed a writ petition contending that the assessment order did not contain a Document Identification Number (DIN) and that the pre-show cause notice and show cause notice were invalid for want of signatures.

High Court Held

The High Court held that the petitioner was aware of the assessment proceedings and had failed to explain the delay in approaching the Court. The assessment order contained an auto-generated Reference Number (RFN), which is generated only upon digital signing of the order while uploading it on the GST portal. The Court observed that show cause notices and summary of assessment orders issued electronically cannot be generated without digital signatures, and affixture of such digital signature automatically results in generation of a unique identification number. Therefore, presence of the RFN/reference number was sufficient to establish valid authentication. The contention regarding absence of DIN or signature was rejected, and the writ petition was dismissed in favour of the Revenue.

List of Cases Reviewed

List of Cases Referred to

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Section 115BBE Not Applicable on Additions Under Salary Head | ITAT

Section 115BBE salary income

Case Details: Biju Pappachan vs. Income-tax Officer - [2026] 183 taxmann.com 485 (Bangalore-Trib.)

Judiciary and Counsel Details

  • Keshav Dubey, Judicial Member & Waseem Ahmed, Accountant Member
  • Ms Akshatha Prasad, A.R. for the Appellant.
  • Ganesh R Ghale, D.R. for the Respondent.

Facts of the Case

Assessee, a retired defence personnel, received pension and post-retirement benefits. The case was reopened on the ground that the assessee had not filed his return. In response to the notice, the assessee filed his return declaring a deduction under section 10(10) on account of death cum retirement gratuity and under section 10(10A) on account of the commuted value of pension.

The Assessing Officer (AO) treated the deductions as unexplained and added the same under the head ‘Salary’. AO also invoked the provisions of section 115BBE by stating that it applied to the aforesaid additions. The aggrieved assessee filed the instant appeal before the Tribunal.

ITAT Held

The Tribunal held that the AO was unjustified in disallowing the exemptions claimed by the assessee and adding them to his salary, especially when it was, in fact, completely exempt from income tax. AO affirmed that, in the absence of necessary documentary evidence, the deduction claimed by the assessee on account of death cum retirement gratuity and commuted value of pension remains unexplained. However, the AO received the salary certificate (Form 16) from the Air Force.

It is surprising to note that on the one hand, the AO himself disallowed the deduction and added the same under head salary, and on the other hand, invoked the provision of section 115BBE, which is completely unacceptable. Section 115BBE can only be invoked in the case of income tax referred to in sections 68 to 69D and not in the case of additions under the head ‘Salary’.

List of Cases Referred to

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Ind AS 115 | Transaction Price in Govt Contracts with Renegotiation

transaction price government contracts

1. Facts

Tech-Serve Solutions Limited (hereinafter referred to as “the Company”) provides integrated software implementation and annual maintenance services to corporate customers. During the financial year, the company entered into a contract with “Metro Infrastructure Authority”, a government-owned entity, to implement a customised enterprise management system, including one year of post-implementation support.

The total contract price is ₹12,00,000, payable within 60 days of installation. The company has historically entered into similar contracts with government and quasi-government customers. Although contracts specify fixed pricing, past experience indicates that final settlement amounts are frequently renegotiated due to budgetary approvals and administrative delays. In several previous contracts with similar customers, the company accepted reduced payments to secure timely collection. For the current contract, management expects to agree to a reduction of approximately ₹3,00,000 during settlement negotiations, based on past practice.

The company completed the installation of the system and raised an invoice for the full contractual amount. The contract price reflects the company’s standard pricing structure, and the company does not ordinarily offer post-sale discounts at contract inception.

However, Metro Infrastructure Authority is currently facing financial constraints and has a history of delayed payments to vendors. While the customer has acknowledged the liability, payment remains outstanding at the reporting date. Based on past recovery experience with financially stressed government customers, the company estimates that approximately 20% of receivables from such customers may ultimately not be recovered due to collection risk rather than pricing adjustments.

How should the company determine the amount of revenue to be recognised at the time of software implementation under Ind AS 115, particularly in assessing whether the expected reduction in consideration represents an implicit price concession affecting the transaction price or a credit loss to be recognised separately?

2. Relevant Provisions

Ind AS 115 – Revenue from Contracts with Customers

Para 9(e) of Ind AS 115

An entity shall account for a contract with a customer that is within the scope of this Standard only when all of the following criteria are met:

(e) it is probable that the entity will collect the consideration to which it will be entitled in exchange for the goods or services that will be transferred to the customer. In evaluating whether collectability of an amount of consideration is probable, an entity shall consider only the customer’s ability and intention to pay that amount of consideration when it is due. The amount of consideration to which the entity will be entitled may be less than the price stated in the contract if the consideration is variable because the entity may offer the customer a price concession.

Para 51 of Ind AS 115

An amount of consideration can vary because of discounts, rebates, refunds, credits, price concessions, incentives, performance bonuses, or other similar items. The promised consideration can also vary if an entity’s entitlement to the consideration is contingent on the occurrence or non-occurrence of a future event.

Para 126AA of Ind AS 115

An entity shall reconcile the amount of revenue recognised in the statement of profit and loss with the contracted price showing separately each of the adjustments made to the contract price, for example, on account of discounts, rebates, refunds, credits, price concessions, incentives, performance bonuses, etc., specifying the nature and amount of each such adjustment separately.

Para 107 of Ind AS 115

If an entity performs by transferring goods or services to a customer before the customer pays consideration or before payment is due, the entity shall present the contract as a contract asset, excluding any amounts presented as a receivable. A contract asset is an entity’s right to consideration in exchange for goods or services that the entity has transferred to a customer. An entity shall assess a contract asset for impairment in accordance with Ind AS 109. An impairment of a contract asset shall be measured, presented and disclosed on the same basis as a financial asset that is within the scope of Ind AS 109.

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[World Tax Updates] Sri Lanka Concessions | Hong Kong Budget and More

Global tax news

Editorial Team – [2026] 183 taxmann.com 722 (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. Sri Lanka Introduces Revised Criteria and Tax Concessions for Strategic Development Projects

Sri Lanka’s Ministry of Finance has issued Regulations under the Strategic Development Projects Act, No. 14 of 2008 (originally published in Gazette No. 2474/66 dated 8 February 2026). The Regulations prescribe the eligibility conditions for recognition as a Strategic Development Project and specify the applicable tax concessions.

The eligibility framework is divided into three categories/sectors, with the corporate income tax holiday (exemption) periods as follows:

Category A – Infrastructure, Services & Utilities, and Tourism and Leisure (excluding casinos and any form of betting and gaming)

  • 6-year holiday – Investment exceeding USD 50 million up to USD 150 million and creation of at least 100 local jobs.
  • 8-year holiday – Investment exceeding USD 150 million up to USD 300 million and creation of at least 100 local jobs.
  • 10-year holiday – Investment exceeding USD 300 million and creation of at least 100 local jobs.

Category B – Manufacturing

  • 5-year holiday – Investment exceeding USD 50 million up to USD 100 million and creation of at least 250 local jobs.
  • 8-year holiday – Investment exceeding USD 100 million up to USD 150 million and creation of at least 250 local jobs.
  • 10-year holiday – Investment exceeding USD 150 million and creation of at least 250 local jobs.

Category C – Agriculture; Educational, Technological Establishments; and Information Communication Technology

  • 5-year holiday – Investment exceeding USD 50 million up to USD 100 million and creation of at least 50 local jobs.
  • 8-year holiday – Investment exceeding USD 100 million up to USD 150 million and creation of at least 50 local jobs.
  • 10-year holiday – Investment exceeding USD 150 million and creation of at least 50 local jobs.

Projects that satisfy the prescribed eligibility conditions are also exempt from Customs Import Duty (CID), Value Added Tax (VAT), Ports and Airports Development Levy (PAL), and CESS (under the Sri Lanka Export Development Act) on the import of capital goods and construction materials during the project implementation period.

For this purpose, the “project implementation period” means the period commencing from the date specified in the agreement between the Board of Investment of Sri Lanka and the project enterprise and ending on the date of commencement of commercial operations as certified by the Board of Investment.

Source – The Strategic Development Projects Act, No. 14 of 2008

2. Hong Kong Budget 2026-27 Key Tax Measures

On 25 February 2026, Hong Kong Financial Secretary Paul Chan presented the 2026-27 Budget, proposing several tax changes. Key measures include:

  • A 100% reduction of salaries tax, personal assessment tax, and profits tax for YA 2025/26, capped at HKD 3,000 per case.
  • Rates concessions for domestic and non-domestic properties for the first two quarters of 2026/27, capped at HKD 500 per property.
  • Increase in basic and single parent allowance to HKD 145,000 and married person’s allowance to HKD 290,000.
  • Child allowance raised to HKD 140,000.
  • Higher allowances for maintaining dependent parents/grandparents and increased elderly residential care deduction ceiling to HKD 110,000.
  • Stamp duty on residential properties above HKD 100 million increased to 6.5%.
  • Expanded tax concessions for family offices, funds, REITs, Corporate Treasury Centres, and intra-group restructuring.
  • Implementation of the Crypto-Asset Reporting Framework and revised Common Reporting Standard within two years.
  • Introduction of preferential tax packages for targeted enterprises and enhanced concessions for the maritime sector.
  • Refinement of IP tax regime and exploration of incentives for gold trading institutions.

Additionally, Hong Kong has implemented the Pillar Two global minimum tax, expected to generate about HKD 15 billion annually from 2027-28.

Source – Budget.gov

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HC Orders Supply of Seized Records | Treats Order as SCN

GST seized records

Case Details: Priti Builders vs. Deputy Commissioner of State Tax, Bally and Salkia Charge - [2026] 183 taxmann.com 407 (Calcutta)

Judiciary and Counsel Details

  • Om Narayan Rai, J.
  • Debasish GhoshTanmay Hazra for the Petitioner.
  • Ms Tanmoy ChakrabortySaptak Sanyal for the Respondent.

Facts of the Case

The petitioner underwent a search and seizure at its business premises, with documents, books, and the CPU confiscated. Despite requesting copies of the seized records and the return of the CPU to prepare a defence, access was denied. A show cause notice (SCN) and personal hearing were issued, but the petitioner missed the hearing and reiterated the request in writing. The jurisdictional officer confirmed the demand without providing the materials or conducting a meaningful hearing, depriving the petitioner of a fair opportunity to contest. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that, under Section 74 read with Sections 67 and 75 of the CGST Act and the West Bengal GST Act, the denial of access to the seized documents and the CPU violated the principles of natural justice. The Court observed that the petitioner was unable to effectively contest the demand or pursue a proper appeal in the absence of these materials. Accordingly, the impugned order was not to be given effect and was to be treated as an additional SCN. The Court directed the authorities to supply the seized records or copies, including the CPU, and to continue the proceedings only after affording a meaningful personal hearing.

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Insurer Not Liable for Penalty Under Employees’ Compensation Act | SC

Employees Compensation Act

Case Details: New India Assurance Co. Ltd. vs. Rekha Chaudhary - [2026] 183 taxmann.com 680 (SC)

Judiciary and Counsel Details

  • Aravind Kumar & Prasanna B. Varale, JJ.
  • Salil PaulSahil PaulSandeep DayalMs Kanupriya MehtaMs Jyoti, Advs. & Ms Manjeet Chawla, AOR for the Appellant.
  • Ashish Pandey, AOR for the Respondent.

Facts of the Case

In the instant case, the deceased employee was a commercial driver employed by the respondent 4/employer. The deceased collapsed and died while driving the employer’s insured vehicle.

The Respondents 1 to 3, legal heirs of the deceased, filed a claim petition before the Commissioner. The Commissioner found an employer-employee relationship, held that death occurred during and in the course of employment, and fixed compensation at about Rs. 7.37 lakhs along with 12% interest from the date of the incident.

It was noted that the vehicle was covered by a valid commercial vehicle insurance policy issued by the appellant-insurance company. Further, the Commissioner allowed the respondent no. 4 to secure indemnification of compensation from the insurer and issued a show-cause notice to the respondent no. 4 proposing a penalty under Section 4A(3)(b) of the Employees’ Compensation Act, 1923, for default in payment within one month of the amount falling due.

Further, it was noted that, as the employer neither appeared nor replied, the Commissioner imposed a 35% penalty of about Rs. 2.58 lakhs on the employer for the delay without justification.

The claimants appealed to the High Court, seeking an enhancement of compensation and challenging the fixation of primary liability on the employer rather than on the insurer. The High Court declined enhancement but set aside the Commissioner’s orders to the extent they imposed primary liability on the employer and fastened liability for compensation, interest, and penalty on the appellant–insurer. Thereafter, an appeal was made before the Supreme Court.

Supreme Court Held

The Supreme Court observed that the liability to pay a penalty under Section 4A(3)(b) of the Employees’ Compensation Act, 1923, is solely on the employer and cannot be fastened upon the insurer.

Further, the Supreme Court observed that the High Court erred in directing the appellant-insurer to bear a penalty in addition to compensation and interest.

The Supreme Court held that the impugned order was to be set aside to the extent it imposed liability to pay a penalty on the appellant-insurer, and that said liability was to be fastened upon the employer.

List of Cases Reviewed

  • Order of the Delhi High Court in F.A.O No. 147 of 2021 dated 21.05.2025 (para 25) set aside
  • Ved Prakash Garg v. Premi Devi 1997 taxmann.com 2061 (SC)/1997 (8) SCC 1 (para 23) followed

List of Cases Referred to

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SEBI Warns Against ‘Account Handling’ Stock Market Scams

SEBI account handling scam warning

Press Release No.14/2026, Dated: 26.02.2026

The Securities and Exchange Board of India (SEBI) has cautioned investors against unregistered entities offering ‘account handling’ services that promise risk-free profits in demat and trading accounts.

1. Modus Operandi of Unregistered Entities

SEBI has observed that certain individuals and entities are approaching investors with offers to manage their trading accounts and generate assured returns. These entities typically:

  • Seek access to investors’ demat and trading account login credentials
  • Execute trades on behalf of investors
  • Claim a share in the profits generated
  • Do not assume any responsibility for losses incurred

Such arrangements expose investors to financial risks, misuse of account credentials, and potential regulatory violations.

2. Risks to Investors

Investors who share their account access details with unregistered entities risk:

  • Unauthorised trading and financial losses
  • Misuse of personal and financial information
  • Lack of legal recourse in case of disputes or losses
  • Exposure to fraudulent or manipulative trading practices

SEBI has emphasised that promises of risk-free or guaranteed profits are misleading and should be treated with caution.

3. SEBI Advisory to Investors

SEBI has advised investors to:

  • Not share login credentials of demat or trading accounts with any third party
  • Deal only with SEBI-registered intermediaries such as brokers and investment advisers
  • Use only authentic and verified trading applications
  • Verify the registration status of intermediaries on SEBI’s official website before engaging their services

4. Conclusion

The advisory aims to protect investors from fraudulent account-handling schemes and to encourage engagement only with authorised and regulated intermediaries. Investors are urged to remain vigilant and avoid sharing sensitive account information with unregistered or unknown persons.

Click Here To Read The Full Circular

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SEBI Mandates Registration Details Disclosure on Social Media

SEBI social media disclosure norms

Circular No. HO/ (79)2026-MIRSD-PODMMC; Dated: 26.02.2026

The Securities and Exchange Board of India (SEBI) has directed all regulated entities and their agents to prominently disclose their SEBI-registered name and registration number on social media platforms. The move aims to enhance transparency, strengthen investor awareness, and curb misleading or unauthorised market-related content.

1. Mandatory Display on Social Media Platforms

Regulated entities and their agents must ensure that:

  • Their SEBI-registered name and registration number are clearly displayed on the home page of social media handles used for market-related communication.
  • The registration details are also disclosed at the beginning of each securities market-related post or content published on social media platforms.

This requirement applies to all content relating to the securities market disseminated through social media.

2. Norms for Entities with Single SEBI Registration

Where an entity holds a single SEBI registration, the following must be ensured:

  • The SEBI-registered name and registration number must be displayed on the home page of the social media handle.
  • These details should appear prominently near the name of the handle used for hosting, broadcasting, publishing, uploading, or posting content.

3. Norms for Entities with Multiple SEBI Registrations

Where an entity holds multiple SEBI registrations, it must:

  • Provide a weblink on the home page of the social media handle.
  • The link should direct users to the intermediary’s official website listing all SEBI-registered names and registration numbers associated with the entity.

This ensures comprehensive disclosure while maintaining clarity for investors.

4. Applicability and Effective Date

The circular will come into force from 1 May 2026.

The disclosure requirements will apply to all securities market-related content uploaded, published, or shared on or after the effective date.

5. Objective of the Circular

The directive seeks to:

  • Improve transparency and authenticity of market-related communications
  • Help investors identify registered intermediaries
  • Prevent misuse of social media by unregistered or impersonating entities
  • Strengthen regulatory oversight in digital communications

Regulated entities and their agents are required to ensure full compliance with the disclosure norms within the prescribed timeline.

Click Here To Read The Full Circular

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SEBI Warns Investors Against Fake STT Payment Notices

SEBI fake STT payment notices

Press Release no. 15/2026; Dated: 26.02.2026

The Securities and Exchange Board of India (SEBI) has issued a cautionary note highlighting instances of fraudsters sending fake notices demanding payment of outstanding Securities Transaction Tax (STT).

1. Modus Operandi of Fraudsters

SEBI has observed that fraudsters are:

  • Circulating fake notices using forged SEBI letterheads
  • Impersonating SEBI officials and its offices
  • Creating and using fake or spoofed email IDs resembling those of SEBI officials
  • Demanding payment of alleged outstanding STT amounts

These fraudulent communications are designed to mislead investors and extract money under the guise of regulatory compliance.

2. Risk to Investors

Unsuspecting investors are being deceived into believing these fraudulent communications and are transferring funds to unauthorised accounts, resulting in financial losses. SEBI has cautioned investors to remain vigilant and verify the authenticity of any such communication.

3. SEBI Clarification

SEBI has clarified the following:

  • It does not issue notices to investors or entities for remittance of outstanding STT amounts.
  • It does not coordinate with the Reserve Bank of India (RBI) for recovery or collection of STT through such notices.
  • Any communication claiming otherwise should be treated as fraudulent.

4. Advisory to Investors

Investors are advised to:

  • Exercise caution when receiving unsolicited notices or payment demands
  • Verify communications claiming to be from SEBI through official channels
  • Avoid transferring funds based on suspicious or unverified instructions

This advisory is aimed at protecting investors from financial fraud and ensuring awareness about impersonation and phishing attempts misusing SEBI’s name.

Click Here To Read The Full Press Release

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