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Writ challenging order rejecting GST refund not entertained due to available statutory remedy

November 5, 2025 576 Views 0 comment Print

Patna High Court held that petition against order rejecting GST refund cannot be entertained in view of available statutory remedy under section 107 of the Bihar Goods and Services Tax Act, 2017. Accordingly, writ disposed of.

Delay of 3621 days in filing of impleadment application condoned as reasonable explanation provided

November 5, 2025 624 Views 0 comment Print

Delhi High Court held that 3621 days of delay in filing of an application for impleadment as legal heir allowed since matter came to the knowledge of legal heir only after the same was listed after nearly thirteen years. Accordingly, since reasonable and bonafide explanation provided, the delay in filing of impleadment application condoned.

No TDS deductible by co-operative society on interest paid to members before 1st June 2015

November 5, 2025 1008 Views 0 comment Print

ITAT Mumbai held that, in terms of section 194A(3)(v) of the Income Tax Act, co-operative society is not liable to deduction TDS on interest paid or credited on deposits to members before 1st June 2015. Accordingly, order set aside and appeal allowed to that extent.

Wheel loaders are classifiable as front-end shovel loaders hence covered under CTH 8429 5100

November 5, 2025 378 Views 0 comment Print

CESTAT Chennai held that ‘wheel loaders’ are classifiable as ‘front-end shovel loaders’ and hence are covered under Customs Tariff Heading 8429 5100. However, demand for only normal period is sustained and demand for extended period is set aside.

Export duty of Iron Ore to be charged based on Wet Metric Ton for period prior to 1st May 2022

November 4, 2025 489 Views 0 comment Print

CESTAT Chennai held that for the purpose of charging export duty the assessment of Iron Ore for determination of Fe contents shall be made on the basis of Wet Metric Ton for period prior to 1st May 2022. Accordingly, appeals allowed and orders set aside.

Resolution plan of Dorni Vinimoy Pvt. Ltd. approved as material irregularity not established

November 4, 2025 591 Views 0 comment Print

NCLAT Delhi held that resolution plan of Dorni Vinimoy Pvt. Ltd. stands approved as material irregularity is not established. Accordingly, appeals are allowed and orders of adjudicating authority set aside.

Refund claim of excess CVD filed after one year is rejected as time barred

November 4, 2025 579 Views 0 comment Print

CESTAT Delhi held that refund claim of excess CVD paid after completion of one year from date of payment of duty as well as the date of relevant judgement is barred by limitation. Accordingly, appeal of assessee dismissed.

Proceedings u/s. 95 of IBC not vitiated as demand notice duly served to personal guarantors

November 4, 2025 600 Views 0 comment Print

NCLAT Chennai held that demand notice has been duly served on the personal guarantors and hence proceedings under section 95 of the Insolvency and Bankruptcy Code, 2016 cannot be said to be vitiated. Accordingly, order quashed and proceedings remanded back.

Delay in filing appeal condoned as plausible and sufficient cause shown

November 4, 2025 621 Views 0 comment Print

ITAT Bangalore held that delay in filing of appeal due to non-registration on Income Tax portal and non-receipt of notices are plausible and sufficient cause show. Accordingly, delay condoned and appeal restored back for fresh consideration.

Replacement of liquidator accepted as approved by majority Stakeholders Consultation Committee

November 4, 2025 537 Views 0 comment Print

NCLT Kochi held that application under Regulation 31A(11) of the IBBI (Liquidation Process) Regulations, 2016 valid as Stakeholders’ Consultation Committee [SCC] with majority vote has resolved to replace the present liquidator.

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