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Judiciary

GST reform in Coal Sector – A Transformative Step Towards AatmNirbharta in Coal

September 26, 2025 501 Views 0 comment Print

The Ministry of Coal hails the GST Council’s reform, which removes the ₹400/ tonne Compensation Cess and raises the GST rate to 18%. This lowers the overall tax burden on coal, cuts power generation costs by 17-18 paise/kWh, eliminates inverted duty anomaly, and strengthens domestic production for AatmNirbharta.

Demand by EPFO based on inspection report made after initiation of moratorium cannot be enforced

September 26, 2025 648 Views 0 comment Print

NCLAT Delhi held that demand made by the EPFO on the basis of an inspection report made after initiation of moratorium is not enforceable as Section 14(1) of the IBC prohibits the initiation or continuation of assessment during the moratorium period.

Only DGFT empowered to cancel or suspend MEIS certificate

September 26, 2025 558 Views 0 comment Print

Madras High Court held that MEIS would clearly qualify as an instrument u/s. 28AAA of the Customs Act bestowing financial or fiscal benefits, however, only Director General of Foreign Trade [DGFT] is empowered to cancel or suspend the same.

Deletion of addition u/s. 69A by CIT(A) is contrary to material on record: AO directed to reconsider

September 26, 2025 450 Views 0 comment Print

ITAT Hyderabad held that reasoning given by CIT(A) for deletion of addition made u/s. 69A of the Income Tax Act by Assessing Officer towards cash payment is contrary to material on record and cannot be accepted.

Imposition of penalty u/s. 271(1)(c) requires verification of additional evidence hence matter remanded

September 26, 2025 495 Views 0 comment Print

ITAT Mumbai held that additional evidence demonstrating that no tax advantage accrued to assessee owing to continuous losses needs verification. Accordingly, matter of imposing penalty u/s. 271(1)(c) remanded back.

Scope of Appeal was limited u/s 28KA Customs Act as advance ruling was binding unless it was arbitrary

September 26, 2025 495 Views 0 comment Print

Scope of appeal under Section 28KA of the Customs Act, 1962, was limited, as the ruling obtained was binding on the persons mentioned in Section 28J of the Customs Act, 1962.

Cash Loans Above ₹20,000 Enforceable Despite Section 269SS Violation: SC

September 26, 2025 8238 Views 0 comment Print

Supreme Court reinforces that Section 269SS violation doesn’t invalidate a debt under the NI Act. It upheld conviction in Sanjabij Tari vs. Kishore Borcar, stressing presumptions under Sections 118 & 139.

Doctrine of substantial compliance could not override mandatory timelines for Excise Special Rebate

September 26, 2025 549 Views 0 comment Print

The contention of substantial compliance could not override the mandatory time limits under the notification. As there was no statutory requirement of an Eligibility Certificate, and the application for fixation of rebate was filed beyond the prescribed time, the appeal was devoid of merit.

Supreme Court laid down Principles for Joint Trial in Criminal Cases

September 26, 2025 981 Views 0 comment Print

The principal issue for determination was whether the segregation of the appellant’s trial and filing of a separate charge-sheet solely on account of his being an MLA was legally sustainable, given the statutory framework under CrPC and constitutional guarantees of fairness and equality.

Minor Lapses Can’t Kill Charitable Status: Tribunal Quashes 12AB Cancellation of Educational Trust

September 25, 2025 1113 Views 0 comment Print

ITAT Chandigarh has set aside the CIT(E)’s order cancelling the registration of Aryans Educational & Charitable Trust, holding that issues previously settled by the Tribunal cannot be re-opened for cancellation.

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