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Archive: 02 November 2025

Posts in 02 November 2025

Arrest Invalid When Grounds Not Communicated to Accused: SC

November 2, 2025 345 Views 0 comment Print

Supreme Court held that informing an arrestee’s spouse or recording diary entries is no substitute for directly informing the accused of grounds of arrest.

Pre-SCN Consultation Not Mandatory in Tax Evasion Cases: Patna HC

November 2, 2025 414 Views 0 comment Print

Court held that pre-show cause consultation is not required when the case is booked for evasion or suppression, and advised the petitioner to pursue appellate remedies.

AP HC Sets Aside ₹3.6 Crore VAT Revision Passed Without Examining Objections

November 2, 2025 249 Views 0 comment Print

Observing that the revisional authority failed to properly assess the taxpayer’s material in the ₹3.6 crore case, the High Court directed a fresh decision after full consideration.

ITAT Delhi Upholds Deletion of ₹22.38 Cr Interest Disallowance – Advances Held Business-Driven

November 2, 2025 462 Views 0 comment Print

The Tribunal ruled that the assessee had sufficient interest-free funds (own capital and unsecured loans) to cover the advances given, thus breaking the presumed nexus with interest-bearing funds. This decision reinforces the principle that disallowance is impermissible when the taxpayer possesses adequate non-interest-bearing capital for making advances.

SC Sets Aside Arbitral Award Delivered After 44-Month Delay

November 2, 2025 474 Views 0 comment Print

The Supreme Court set aside an arbitral award delivered nearly four years after hearings ended, holding that such unexplained delay violates fairness and public policy. A fresh arbitration was ordered before a new tribunal.

SC Orders Reinstatement of Teachers Terminated for Missing TET at Appointment

November 2, 2025 723 Views 0 comment Print

SC clarified that under Section 23(2) of RTE Act, teachers appointed before March 2015 could obtain TET qualification within four years of 2017 amendment. Since appellants did so, their termination after six years was unjustified.

Exporters Entitled to Refund of Swachh Bharat Cess Even If Missed in Original Claim

November 2, 2025 252 Views 0 comment Print

 CESTAT Mumbai set aside an order that rejected an exporter’s supplementary claim for Swatch Bharat Cess (SBC) refund. The Tribunal ruled that Rule 5 of the Cenvat Credit Rules has no bar on filing multiple refund claims for the same period.

Rectification Petition Saves Service Tax Appeal from Being Time-Barred: CESTAT Delhi

November 2, 2025 309 Views 0 comment Print

CESTAT Delhi set aside an appellate order, holding that the time limit for filing an appeal starts from the date the rectification of mistake order (Section 74) is passed. The appeal was therefore deemed filed within the prescribed limitation period.

Tender Authority Cannot Impose Conditions Not Stated in Tender Notice: SC

November 2, 2025 765 Views 0 comment Print

SC reaffirmed that disqualification of bids must strictly follow tender terms, holding that Mandi Parishad acted beyond its powers by rejecting a technical bid based on an unstated requirement for DM-issued solvency proof.

SC Bars Police From Summoning Lawyers for Client Details

November 2, 2025 513 Views 0 comment Print

Supreme Court ruled police cannot summon advocates regarding client criminal matters, upholding attorney-client privilege under Section 132 (BSA). Prior SP approval is now mandatory.

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