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Customs: Objection to sanction for prospection for corruption is to be raised during trial

August 9, 2022 1386 Views 0 comment Print

Held that invalidity of sanction is different from absence of sanction and the point is to be raised during the trial.

Arbitral tribunal cannot review but can vacate/ modify the order

August 8, 2022 4587 Views 1 comment Print

Held that TDI was not seeking a review, but rather, a discharge/ modification of the conditions prescribed in the said interim order. Accordingly, Arbitral Tribunal was entitled to exercise the said option, having regard to the principles enshrined under Order XXXIX Rule 4 of CPC.

Cenvat credit on input services received in SEZ unit available

August 8, 2022 1200 Views 0 comment Print

Held that option is available to the appellant to claim cenvat credit on service tax paid on input services received in its SEZ units instead of claiming benefit of exemption notification.

Application for revised resolution plan rejected post 330 days in CIRP

August 8, 2022 1722 Views 0 comment Print

Held that the Adjudicating Authority has not erred in passing the Impugned Order rejecting the revised resolution plan due to lapse of stipulated time period of more than 330 days in CIRP.

Loan given to shareholder not a deemed dividend

August 8, 2022 4719 Views 0 comment Print

Held that if a loan or advance is given to a shareholder as a consequence of any consideration which is beneficial to the company, in such a case, the advance or loan cannot be said to be a deemed dividend.

Excise not payable on freight paid towards transportation of goods from place of removal to buyer’s premises

August 6, 2022 1506 Views 0 comment Print

Held that freight incurred from the place of removal to the buyer’s premises is not includible in the assessable value and accordingly excise is not payable on the same.

Pre-arrest bail not granted in socio-economic offence

August 6, 2022 1275 Views 0 comment Print

Held that keeping in view the gravity of the crime, it being socio-economic offence, petitioner is not entitled for pre-arrest bail.

Cr.P.C. Proceedings initiated without recording statements is unsustainable in law

August 5, 2022 2925 Views 0 comment Print

It can be held that even before the issue of process or examining the sworn statement of the complainant, there could be cognizance in a particular case.

Import of gold is not prohibited but the same is restricted to prescribed quantity

August 5, 2022 4707 Views 0 comment Print

Held that import of gold is not prohibited, but restricted subject to prescribed quantity on payment of duty.

Antecedents of an importers cannot be evidence for undervaluation of goods

August 5, 2022 1122 Views 0 comment Print

Held that antecedents cannot be an evidence for the alleged undervaluation of the goods. At best antecedents may be a reason for creating a suspicion and be a reason for causing an enquiry or Investigation.

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