CESTAT Delhi held that no stranger to the contract of sale including the Customs officer has any right to re-determine the FOB value. The Customs Act and Rules cannot be applied to re-determine the FOB value. Accordingly, appeal allowed and order set aside.
NCLAT Chennai held that payments from Successful Resolution Applicant will be done on pro-rata basis amongst the creditors but the Dissenting Creditor has to be pad first before other Financial Creditors. Accordingly, appeal stands allowed.
ITAT Bangalore held that provisions of section 115JB of the Income Tax Act cannot be applied to assessee bank and consequently the tax on book profits (MAT) are not applicable to assessee bank. Accordingly, appeal of the assessee bank allowed.
CESTAT Chennai held that jewelry worn or concealed on person arriving in India from abroad is covered under Baggage Rules, 2016 hence there cannot be presumption that it is covered under the Customs Act, 1962.
CESTAT Delhi held that interest as per section 50 of the Central Goods and Services Tax Act, 2017 [CGST Act] is applicable on delayed payment of IGST in the course of imports. Accordingly, interest confirmed u/s. 28AB of Customs Act not justified.
Jammu Kashmir High Court held that contractor is liable to pay GST at rates prevailing on last date for receipt of tender. Recommendations of the GST Council, as already held, are only recommendations and cannot be taken as notifying new rates of GST.
Delhi High Court held that Form ITNS-150 sets out quantum of tax determination to be paid by assessee in an order u/s. 143(3) of the Income Tax Act, thus any amendment thereof is to be made within time limit prescribed under section 154(7) of the Income Tax Act.
Bombay High Court held that reopening of assessment by AO by merely acting under dictation or on borrowed satisfaction without independent application of mind to materials on record is not justifiable in law. Hence, appeal of revenue liable to be dismissed.
NCLT Bengaluru held that insufficiently stamped/ unstamped agreements do not present a bar to a Section 7 application under Insolvency and Bankruptcy Code, 2016. Thus, since default in payment of financial debt established, application u/s. 7 admitted.
Supreme Court held that person accused for an offence under section 447 of the Companies Act cannot be released on bail without satisfying mandatory twin conditions prescribed under sub-section (6) of section 212 of the Companies Act.
