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Washing and dry cleaning covered within ‘manufacturing process’ u/s. 2(k) of the Factory Act

April 19, 2025 705 Views 0 comment Print

Supreme Court held that washing and dry cleaning is covered within the meaning of ‘manufacturing process’ defined under section 2(k) of the Factory Act, 1948 and hence Factory Act will be applicable. Accordingly, appeal is allowed and order of High Court set aside.

Non-conduct of preliminary enquiry cannot be reason to quash FIR against public servant in corruption case

April 19, 2025 612 Views 0 comment Print

In the year 1998, respondent no.1 was appointed as an Assistant Engineer in Karnataka Power Transmission Corporation Limited. Later, he was promoted to the post of Executive Engineer in Bangalore Electricity Supply Corporation.

Telephonic conversation, vague statements and uncorroborated allegations insufficient to establish criminal conspiracy

April 19, 2025 1017 Views 0 comment Print

Delhi High Court held that the allegations against the petitioners are based on telephonic conversations, vague statements, and uncorroborated allegations which are insufficient to establish a criminal conspiracy or wrongful conduct.

Seizure of jewellery valid as legitimacy of jewellery not substantiated

April 19, 2025 1209 Views 0 comment Print

Calcutta High Court held that seizure of jewellery is valid since legitimacy of jewellery not substantiated; discrepancies are found in documentation and weight and there was reasonable belief of potential wrongdoing.

Financial creditor entitled to file application u/s. 7 of IBC even after breach of settlement agreement

April 19, 2025 1053 Views 0 comment Print

NCLAT Delhi held that financial creditor entitled to file an application under section 7 of the Insolvency and Bankruptcy Code even after breach of settlement agreement since nature of debt doesn’t change. Thus, order admitting section 7 application sustained.

Interest & Penalty on IGST Payment Under Customs Tariff Act (Effective 16th August 2024): Bombay HC

April 19, 2025 1968 Views 0 comment Print

As already held by us, Section 3 (12) of the Tariff Act, as amended, is applicable only after 16th August,2024 and is not applicable to the present case. Accordingly, in the present case, no confiscation could have been imposed.

Suspension of Resolution Professional reduced as conclusions based on erroneous figures

April 19, 2025 366 Views 0 comment Print

Delhi High Court held that suspension of resolution professional for two years from taking any assignment as IRP is reduced since conclusions were based on erroneous figures. Accordingly, writ disposed of.

Reopening u/s. 148 quashed as reasons recorded found to be invalid: ITAT Chandigarh

April 19, 2025 849 Views 0 comment Print

ITAT Chandigarh held that cash deposits in assessee’s bank account was less than the amount mentioned in the reopening notice and thus reasons recorded by the AO were not found to be valid and, therefore, the reassessment framed was quashed. Accordingly, appeal of assessee allowed.

Reopening u/s. 148 bad-in-law as income escaped assessment is less than Rs. 50 lakhs

April 19, 2025 1791 Views 0 comment Print

ITAT Hyderabad held that reopening of assessment u/s. 148 of the Income Tax Act is void-ab-initio since income escaped assessment doesn’t exceed Rs. 50 lakhs or more. Accordingly, assessment order passed by AO is quashed.

Rebate claim rejection not justified as cenvat credit not lapsed in terms of rule 11(3)(i) of CCR, 2004

April 18, 2025 513 Views 0 comment Print

Madras High Court dismissed the writ appeals and held that rejection of rebate claim by taking stand that cenvat credit has lapsed in view of rule 11(3)(i) of the Cenvat Credit Rules, 2004 [CCR 2004] is not tenable.

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