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Archive: May, 2026

Posts in May, 2026

Subsidiary Company Assets Cannot Form Part of Parent Company Insolvency: NCLAT Delhi

May 22, 2026 528 Views 0 comment Print

NCLAT held that foreign oil and gas assets owned through Videocon subsidiaries could not be included in the CIRP of Videocon Industries Ltd. The Tribunal ruled that subsidiaries and parent companies are distinct legal entities under insolvency law.

No Personal Hearing, No Valid Dismissal: Karnataka HC Sets Aside Removal of Central Tax Officer

May 22, 2026 1065 Views 0 comment Print

High Court ruled that disciplinary proceedings could not culminate in dismissal without granting the employee an opportunity of personal hearing. The matter was remanded for fresh consideration in accordance with law.

NCLT Directs Liquidation After 741-Day CIRP Expires Without Approved Resolution Plan

May 22, 2026 429 Views 0 comment Print

Tribunal noted that the CIRP period, including all extensions, had reached 741 days and expired on 20 November 2025. Since no plan was approved by the CoC, liquidation under Section 33 of the IBC was ordered.

P&H High Court Recalculates Motor Accident Compensation Based on Average Income after Tax

May 22, 2026 405 Views 0 comment Print

The Punjab and Haryana High Court enhanced compensation after holding that one income tax return reflected earnings only up to the accident date and could not be treated as annual income.

NCLT Orders Liquidation After CoC Rejects All Resolution Plans With Majority Vote

May 22, 2026 516 Views 0 comment Print

The NCLT Mumbai held that liquidation became mandatory under Section 33(2) of the IBC after the Committee of Creditors rejected all resolution plans with a 95.63% voting share. The Tribunal ruled that, in the absence of an approved plan, liquidation proceedings had to be initiated.

Education Cess Paid via MEIS Scrips Cannot Be Recovered Again in Cash: CESTAT Mumbai

May 22, 2026 276 Views 0 comment Print

CESTAT Mumbai ruled that Education Cess and Secondary & Higher Education Cess paid through MEIS duty credit scrips for past imports constituted valid discharge of customs duty liability. The Tribunal held that any fresh cash recovery by the Revenue would amount to impermissible double recovery.

Technology Transfer Under India-Russia Defence Agreement Not Taxable as Consultancy Service: CESTAT Hyderabad

May 22, 2026 321 Views 0 comment Print

Tribunal ruled that payments made for transfer of technology, technical documents, and manufacturing assistance under an inter-governmental agreement did not amount to Scientific and Technical Consultancy Service. It held that the arrangement related to technology transfer for aircraft production and not taxable consultancy.

ROC Imposes Penalty for Delay in Mandatory CFO Appointment

May 22, 2026 818 Views 0 comment Print

ROC Patna penalised a company and its directors for failing to appoint a Chief Financial Officer after crossing the prescribed paid-up capital threshold. The order highlights strict compliance requirements under Section 203 of the Companies Act, 2013.

Air Ticket Booking Alone Not Taxable as ‘Tour Operator’ Service: CESTAT Chennai

May 22, 2026 360 Views 0 comment Print

CESTAT Chennai held that mere trading in air tickets did not amount to taxable “Tour Operator” service. The Tribunal ruled that retaining discounts on ticket sales was outside the scope of service tax.

Past GST Cancellation Cannot Justify Customs Broker License Revocation: CESTAT Delhi

May 22, 2026 339 Views 0 comment Print

CESTAT Delhi held that earlier GST cancellation history became irrelevant once the exporter possessed valid GST registration on the transaction date. The Tribunal set aside revocation of the Customs Broker License.

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