The Kerala High Court held that issuing one show cause notice for multiple financial years is not legally sustainable. While quashing the notice, the Court preserved the department’s right to issue fresh year-wise notices.
CESTAT Chennai held that refund under Notification No. 102/2007-Cus. cannot be denied merely due to missing original documents or procedural deficiencies when the importer establishes payment of SAD, VAT/CST, and non-passing of credit. The Tribunal directed grant of refund with interest.
ITAT Chennai restored the matter to the Assessing Officer after finding that the assessment and appellate proceedings were concluded ex parte without deciding the issues on merits. The Tribunal granted the assessee one final opportunity to substantiate the source of cash deposits with evidence.
The High Court held that prolonged custody and anticipated delay in trial cannot independently justify bail in cases involving commercial quantity narcotics. The statutory requirements under Section 37 continue to govern such applications.
The Delhi High Court discharged contempt proceedings after the petitioner tendered an unconditional apology and undertook not to repeat similar conduct. The Court imposed costs of Rs.3 lakh while censuring the filing of a petition based on false declarations.
ITAT Kolkata upheld the deletion of disallowance relating to brought forward losses of an amalgamating company after finding that the amalgamated entity had continued the business and retained the prescribed fixed assets. The Tribunal held that there was no evidence showing non-compliance with Section 72A(2).
CESTAT ruled that labour deployment and use of machinery under the lease arrangement were inseparable from plantation operations. In the absence of independent consideration, separate tax demands were unsustainable.
The NCLT Mumbai held that a personal guarantor’s liability under an on-demand guarantee arises only after proper invocation. Since no separate invocation was established, the insolvency petition was dismissed.
The Ahmedabad Bench dispensed with several shareholder and creditor meetings after recording consent affidavits approving the proposed Scheme of Arrangement. Meetings were directed only where required.
The NCLT Allahabad Bench allowed dispensation of meetings for shareholders and creditors in a merger involving wholly owned subsidiaries. The Tribunal held that consent affidavits, absence of creditors in transferor companies, and lack of prejudice to stakeholders justified the relief.
