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Judiciary

Section 95 application under IBC after expiry of three years is barred by limitation

September 12, 2025 858 Views 0 comment Print

NCLAT Delhi held that rejection of application under section 95 of the Insolvency and Bankruptcy Code justifiable since application filed after expiry of period of three years is barred by limitation. Accordingly, appeal dismissed.

NCLT Kolkata directs closure of CIRP since CIRP initiated with malicious intent to escape government dues

September 12, 2025 1761 Views 0 comment Print

NCLT Kolkata taking recourse to section 65 of the Insolvency and Bankruptcy Code directs closure of CIRP since initiation of CIRP was done fraudulently with malicious intent to escape from government dues and for wrongful gain.

Additional time granted to vacate property considering monsoon season

September 12, 2025 354 Views 0 comment Print

NCLAT Delhi held that additional time granted to vacate the property due to the fact of monsoon season and directed to vacate the premises in question till 15.09.2025. Appeal disposed of accordingly.

Levy of penalty and no revocation of customs broker license justified for use of license by unauthorized person

September 12, 2025 321 Views 0 comment Print

CESTAT Chennai held that Adjudicating authority has taken lenient view by levying penalty on Customs Broker for allowing use of license to unauthorised person and not revoking Customs Broker License. Accordingly, order of adjudicating authority upheld.

Clear Float Glass is classifiable under CTH 7005 1090

September 12, 2025 657 Views 0 comment Print

CESTAT Chennai held that Clear Float Glass is classifiable under Customs Tariff Heading [CTH] 7005 1090. Accordingly, impugned order is set aside and appeal of the assessee is allowed.

Claim filed by EPFO subsequent to liquidation cannot be accepted

September 12, 2025 918 Views 0 comment Print

Liquidator vide letter dated 20.11.2021 did not accept the claim principally on the ground of violation of Moratorium. On instructions of the Liquidator, the Corporate Debtor has challenged the order dated 11.10.2021 passed u/s. 7A of the EPF Act before CGIT Ahmedabad in appeal bearing EPF Appeal (CGIT) No.36 of 2021.

Admission of application u/s. 9 of IBC remanded back to examine existence of pre-existing dispute

September 12, 2025 306 Views 0 comment Print

NCLAT Delhi held that matter regarding admission of application filed under section 9 of the Insolvency and Bankruptcy Code is required to be remanded back for fresh consideration existence of pre-existing dispute based on additional affidavit submitted.

Orissa HC Stays GST ISD Demand of ₹231 Crore

September 12, 2025 957 Views 0 comment Print

Orissa High Court stays GST demand on ISD credit distribution, cites Karnataka HC precedent, examines constitutionality of Section 21 CGST Act.

SC Stays Retrospective GST Penalty u/s 122(1A)

September 12, 2025 2238 Views 0 comment Print

Supreme Court stays recovery of GST penalty under Section 122(1A), examines applicability to non-taxable persons and retrospective enforcement.

CAAR Mumbai Allows Unibourne Food to Withdraw Ruling Request

September 12, 2025 420 Views 0 comment Print

CAAR Mumbai permits Unibourne Food Ingredients LLP to withdraw its application on customs duty notification for shelled walnut imports.

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