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Archive: 15 June 2025

Posts in 15 June 2025

State Cannot Arbitrarily Reject Chief Justice’s Staff Pay Proposals Without Justified Grounds: SC

June 15, 2025 540 Views 0 comment Print

Supreme Court clarifies Article 229(2) approval for High Court staff salaries. Chief Justice’s decision needs Governor’s reasoned consideration, not arbitrary rejection

Malpractices & Customs Duty Evasion requires Investigation, Not IBC Admission: NCLAT

June 15, 2025 231 Views 0 comment Print

Explore NCLAT’s stance on cases involving malpractices and customs duty evasion, emphasizing the need for thorough investigation over IBC admission.

NCLT cannot directly order ROC investigation but can direct Central Government: NCLAT

June 15, 2025 906 Views 0 comment Print

NCLAT Chennai partly allows an appeal, clarifying that NCLT cannot directly order ROC investigation but can direct the Central Government. The Tribunal modified bank account operation directives to increase transparency amid siphoning allegations in a family company dispute.

NCLAT upholds NCLT’s Power to Refer Fraud Cases to SFIO

June 15, 2025 1140 Views 0 comment Print

NCLAT Delhi confirms NCLT’s jurisdiction under Companies Act S.213 and NCLT Rules 11 to refer corporate fraud cases to SFIO, even during IBC. Upholds probe into Bhuvana Infra Projects, Bank of Maharashtra, and directors based on forensic audit.

NCLAT upholds order rejecting Section 9 application due to pre-existing disputes

June 15, 2025 471 Views 0 comment Print

Indo Alusys Industries Limited Vs SMW Metal Private Limited (NCLAT Delhi) National Company Law Appellate Tribunal (NCLAT), Delhi Bench, has dismissed an appeal filed by Indo Alusys Industries Limited (the ‘Operational Creditor’ or ‘Appellant’) against SMW Metal Private Limited (the ‘Corporate Debtor’ or ‘Respondent’). The NCLAT’s decision, pronounced on a date not specified in the […]

Advocate’s mistaken advice: ITAT Remands Penalty Case & Condones Delay

June 15, 2025 918 Views 0 comment Print

ITAT Surat condones a 1740-day delay in Chirag P. Thummar’s penalty appeal, citing advocate’s mistaken advice and the Supreme Court’s COVID-19 extension. Case remanded to PCIT for fresh adjudication on merits due to an ex-parte order.

Mistake by counsel: ITAT condoned delay on Precedent in Penalty Case

June 15, 2025 603 Views 0 comment Print

ITAT Chandigarh condones delay and remands Mukesh Mittal’s penalty appeals back to CIT(A), citing a prior ITAT order that accepted similar delay in quantum appeals. Case to be re-decided on merits.

Certificate of Origin Not Verified: Show Cause Notice Deemed Unsustainable

June 15, 2025 921 Views 0 comment Print

Symphony International Vs C.C.-Mundra (CESTAT Ahmedabad) In a ruling that underscores the importance of specific evidence in customs disputes, the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Ahmedabad has set aside a customs duty demand of Rs. 6.44 lakh, along with associated interest and penalties, imposed on Symphony International for its import of Natural […]

Customs Duty Appeal: Denial of Relied Upon Documents Breaches Natural Justice

June 15, 2025 807 Views 0 comment Print

CESTAT Chandigarh sets aside customs duty demand and penalties against JSW Vallabh Tinplate, citing natural justice violation and non-supply of relied-upon documents. Case remanded for fresh adjudication.

ITC Eligibility Due to Supplier’s Default: Conflicting Allahabad HC Rulings

June 15, 2025 4302 Views 3 comments Print

Analyzing Allahabad HC rulings on ITC eligibility under GST due to supplier defaults. Explore compliance, legal implications, and taxpayer challenges.

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