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Cenvat credit available on service tax paid to commission agent

September 28, 2022 1746 Views 1 comment Print

Calcutta High Court held that cenvat credit of service tax paid to the commission agent is available, as the commission so paid is included in the assessable value of the final product.

Extended period of limitation cannot be invoked due to mere change of departmental view

September 28, 2022 3351 Views 0 comment Print

Bombay High Court held that mere change of view by the department, the respondent could not have been said to have either mis-declared or suppressed facts in classifying its goods at the time of its import and hence extended period of limitation cannot be invoked.

Cenvat credit eligible on tower, tower material & pre-fabricated buildings/shelters

September 23, 2022 1377 Views 0 comment Print

CESTAT Delhi held that tower/ tower material and pre-fabricated buildings/ shelters are covered within the definition of ‘capital goods’ and hence eligible for Cenvat Credit

Bank cannot withdraw One-Time Settlement offer after acceptance by borrower

September 22, 2022 5793 Views 0 comment Print

HC Held that respondent-bank (SIDBI) cannot withdraw from offer of One-time Settlement which is already accepted by the petitioner/ borrower.

Trademark dispute: Ex-parte order of ad-interim injunction unjustified

September 22, 2022 6411 Views 0 comment Print

Held that ex parte order of ad interim injunction granted before notice to opposite party under the proviso to Rule 3 of Order XXXIX C.P.C.. cannot be treated at part with other ex parte orders/decree.

Ad-interim injunction provided against the use of name TATA

September 22, 2022 468 Views 0 comment Print

Held that ad-interim injunction provided from the use of TATA in website tatabonus.com; crypto products by the name of $TATA or any other product being sold on the website www.hakunamatata.finance.

Bench strength is determinative of binding nature of judgement: SC

September 22, 2022 1710 Views 0 comment Print

SC Held that the numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment.

Admitting claim of financial creditors without scrutinizing Form C documents is untenable

September 22, 2022 1689 Views 0 comment Print

Held that the voting share in the CoC is extremely relevant and important element in the CIRP. Resolution Professional needs to verify and scrutinize the documents submitted with Form C before admitting/ accepting claim of financial creditors.

Limitation provision applicable for initiation of CIRP in spite of initiation of winding up proceeding

September 22, 2022 465 Views 0 comment Print

Held that the initiation of winding up proceedings in Madras High Court would not save limitation for initiation of proceedings for initiation of CIRP in the NCLT under Section 7 of the IBC.

Penalty u/s 112(a) imposed on customs broker as importer of undeclared/ undervalued goods not traceable

September 21, 2022 2814 Views 0 comment Print

Held that penalty u/s 112(a) imposed on customs broker is justified as importer of undeclared goods and undervalued goods is not traceable and the address as well as GST registration reflected in the documents are found to be fake.

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