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Arbitration Clause Cannot Block Insolvency Proceedings Once Default Is Proven: NCLT Mumbai

May 11, 2026 381 Views 0 comment Print

NCLT Mumbai held that existence of an arbitration clause in the MoU did not bar initiation of CIRP under Section 7 of the IBC. The Tribunal admitted the insolvency plea after finding sufficient evidence of financial debt and default.

MSME Protections Cannot Override IBC Once Default Is Established: NCLT Mumbai

May 11, 2026 2469 Views 0 comment Print

NCLT Mumbai held that protections available under the MSMED Act and RBI revival framework do not bar initiation of CIRP once financial debt and default are established. The Tribunal admitted the Section 7 application after finding default exceeding Rs. 24 crore.

Curved Molybdenum Shields Are Finished Articles, Not Flat Products: CESTAT Delhi

May 11, 2026 234 Views 0 comment Print

CESTAT Delhi ruled that curved molybdenum mirrors and shields used in automobile lights cannot be classified as flat sheets or foils. The Tribunal held that shaping and curving transformed them into “articles of molybdenum” attracting 10% customs duty.

Demonetisation Cash Deposit Addition Sent Back due to Natural Justice Violation

May 11, 2026 300 Views 0 comment Print

ITAT Delhi held that effective opportunity of hearing was not provided before passing ex parte assessment and appellate orders. The matter relating to sustained addition was remanded back to the Assessing Officer for fresh adjudication.

Pharma Job Work Held as Manufacturing Activity, Not Renting Service for Service Tax Levy

May 11, 2026 228 Views 0 comment Print

CESTAT Hyderabad ruled that pharmaceutical conversion work carried out under a job work agreement amounted to manufacture and not renting of immovable property. The Tribunal held that such activity falls outside service tax levy.

SC Upholds Quashing of Section 148 Notices Issued to Foreign GE Group Entities

May 11, 2026 378 Views 0 comment Print

The Supreme Court declined to interfere with the Delhi High Court order quashing reassessment notices issued to multiple foreign companies of the GE Group. The High Court had held that the Assessing Officer lacked tangible material to reopen assessments.

Access to Coursera Content Is Licensing of Intellectual Property Rights: Odisha AAR

May 11, 2026 339 Views 0 comment Print

The Authority observed that the core element of the transaction was the grant of a non-exclusive right to access Coursera’s proprietary digital platform. It ruled that the supply involved licensing of intellectual property rather than educational services.

CAAR Denies Complete Elevator Classification Due to Missing Essential Components

May 11, 2026 393 Views 0 comment Print

CAAR Mumbai held that imported elevator parts lacking guide rails, structural supports, and enclosure systems could not be classified as complete elevators under Rule 2(a). The authority ruled that the imports only represented parts and sub-assemblies requiring separate tariff classification.

No TDS on Bandwidth Payments as IPLC Charges Are Not Royalty: Madras HC

May 11, 2026 402 Views 0 comment Print

The Court rejected the Revenue’s argument that payments for bandwidth and telecom connectivity constituted consideration for use of equipment. It held that the remittances were not royalty and therefore outside the scope of TDS liability.

Email Denials by Flat Buyers Cannot Override Financial Records in GST Profiteering Case: GSTAT

May 11, 2026 480 Views 0 comment Print

The GSTAT held that customer emails denying receipt of ITC benefit could not outweigh books of accounts, ledgers, and credit notes showing price adjustments. The Tribunal recognised adjustment of dues as a valid mode of passing GST benefits.

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