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Commitments made in a resolution plan cannot be considered a financial debt: NCLT Mumbai

January 9, 2024 498 Views 0 comment Print

Explore ICICI Prudential Real Estate AIF’s attempt to initiate Corporate Insolvency Resolution Process (CIRP) against Nandi Vardhan Infrastructure Limited. Understand the NCLT Mumbai ruling on whether a resolution applicant’s commitment constitutes a financial debt.

RP Empowered to Reject CoC’s Proposal for Bank Guarantees Renewal: NCLAT

January 9, 2024 306 Views 0 comment Print

Explore the NCLAT Delhi’s decision in IDBI Bank vs. Sumit Binani case, where the power vested in RP under IBC Section 25(1) to reject CoC’s proposal for renewal of bank guarantees is analyzed. Full judgment included.

No Redemption Fine & Penalty if Customs Notification Compiled: CESTAT Kolkata

January 9, 2024 303 Views 0 comment Print

Read the CESTAT Kolkata order where non-imposition of redemption fine and penalty is upheld, ensuring compliance with Customs Notification. Full analysis here.

Customs Notification Eligibility: CESTAT Mumbai Orders Remand in Oki India Pvt Ltd Case

January 9, 2024 285 Views 0 comment Print

Explore the CESTAT Mumbai order on Oki India Pvt Ltd vs Commissioner of Customs. Analysis of ostensible eligibility for customs benefit and remand for consideration of alternative notification.

Article 226 Limited to Jurisdictional Lack or Absence of Material in UPGST Cases: Allahabad HC

January 9, 2024 651 Views 0 comment Print

Allahabad HC: Unless inherent lack of jurisdiction or complete absence of relevant material is alleged and established, no interference may be warranted under Article 226 of Constitution of India.

Jammu & Kashmir HC directs Reconsideraton of ITC Claim of Malik Traders

January 9, 2024 627 Views 0 comment Print

Malik Traders have secured a directive from the Jammu & Kashmir and Ladakh High Court for the reconsideration of their ITC claim. The court’s emphasis on providing an opportunity for the petitioner to present evidence before the Appellate Authority reflects a commitment to fair adjudication in matters involving factual complexities.

Madras High Court Grants 3 Months to Pay GST Interest

January 9, 2024 1071 Views 0 comment Print

Explore the judgment of Madras High Court in the case challenging GST interest demand. Learn about the petitioner’s plea, court analysis, and the granted 3-month payment period.

Shipping Bill Assessment cannot be Challenged Without Final Order: CESTAT

January 9, 2024 420 Views 0 comment Print

Explore the CESTAT Kolkata order on refund claims rejected due to shipping bill assessment. Learn about Section 17 (5) of the Customs Act and its implications for challenging assessments.

Service Tax refund on transportation charges cannot be denied for non-production of lorry receipts

January 9, 2024 360 Views 0 comment Print

Explore the CESTAT Chennai order granting service tax refund for transportation charges without lorry receipts. Analysis of Notification No.17/2009-ST and the procedural infraction.

Amnesty Scheme Benefits Available to GST Appeal rejected on Limitation: Madras HC

January 9, 2024 777 Views 0 comment Print

Madras High Court, upon perusal of the Amnesty Scheme, noted that even if an appeal is rejected on the basis of limitation, assessees are entitled to avail Amnesty benefits

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