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Archive: 11 May 2026

Posts in 11 May 2026

Bail granted in cancer drug case under PMLA as there was no clear link between proceeds of crime & predicate offence

May 11, 2026 456 Views 0 comment Print

Bail was granted in a spurious cancer drug case under Prevention of Money Laundering Act (PMLA) as there was no clear link between the alleged proceeds of crime and the main offence and ED did not check important things like role of doctors, hospitals or end users.

ITAT Kolkata Remands Rs. 3.30 Cr Section 271D Penalty Case

May 11, 2026 369 Views 0 comment Print

ITAT Kolkata set aside the penalty order under Section 271D after the assessee claimed inadequate opportunity of hearing during penalty proceedings. The matter was remanded for fresh adjudication and examination of supporting evidence.

Arbitration Clause Cannot Block Insolvency Proceedings Once Default Is Proven: NCLT Mumbai

May 11, 2026 336 Views 0 comment Print

NCLT Mumbai held that existence of an arbitration clause in the MoU did not bar initiation of CIRP under Section 7 of the IBC. The Tribunal admitted the insolvency plea after finding sufficient evidence of financial debt and default.

MSME Protections Cannot Override IBC Once Default Is Established: NCLT Mumbai

May 11, 2026 2424 Views 0 comment Print

NCLT Mumbai held that protections available under the MSMED Act and RBI revival framework do not bar initiation of CIRP once financial debt and default are established. The Tribunal admitted the Section 7 application after finding default exceeding Rs. 24 crore.

Curved Molybdenum Shields Are Finished Articles, Not Flat Products: CESTAT Delhi

May 11, 2026 219 Views 0 comment Print

CESTAT Delhi ruled that curved molybdenum mirrors and shields used in automobile lights cannot be classified as flat sheets or foils. The Tribunal held that shaping and curving transformed them into “articles of molybdenum” attracting 10% customs duty.

Demonetisation Cash Deposit Addition Sent Back due to Natural Justice Violation

May 11, 2026 279 Views 0 comment Print

ITAT Delhi held that effective opportunity of hearing was not provided before passing ex parte assessment and appellate orders. The matter relating to sustained addition was remanded back to the Assessing Officer for fresh adjudication.

Pharma Job Work Held as Manufacturing Activity, Not Renting Service for Service Tax Levy

May 11, 2026 222 Views 0 comment Print

CESTAT Hyderabad ruled that pharmaceutical conversion work carried out under a job work agreement amounted to manufacture and not renting of immovable property. The Tribunal held that such activity falls outside service tax levy.

Delhi HC Issues Guidelines on Quashing of Consensual POCSO Cases

May 11, 2026 627 Views 0 comment Print

The Delhi High Court quashed a POCSO FIR after noting that the relationship was consensual and the parties were married with a child. The Court held that continuation of prosecution would harm the woman and infant child.

SC Holds Guarantor Liable for Original Loan, Not Unauthorized Overdrawals

May 11, 2026 669 Views 0 comment Print

The Supreme Court held that sureties cannot be burdened with liability for excess withdrawals allowed by the bank without their consent. However, guarantors remain liable for the original sanctioned loan amount covered by the guarantee.

Ease of Doing Business in India: Promise vs Reality

May 11, 2026 633 Views 0 comment Print

Despite major policy reforms and digitisation, businesses continue to face delays, inconsistent departmental practices, and avoidable litigation. The article highlights the gap between reform promises and practical implementation.

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