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Judiciary

CESTAT Allows Cross-Utilisation of Cenvat Credit Between ER-1 & ST-3 Returns

September 8, 2025 597 Views 0 comment Print

CESTAT Hyderabad ruled that a company can transfer and utilize CENVAT credit between its Central Excise and service tax accounts, citing judicial precedent from the Gujarat High Court.

Resolution Plan became binding once approved by COC with requisite majortiy and compliant with sec. 30(2) of IBC

September 8, 2025 480 Views 0 comment Print

After completion of the process, a Resolution Plan was submitted by the Successful Resolution Applicant (SRA). The Committee of Creditors (CoC) approved the plan with the requisite majority under Section 30(4) of the Insolvency and Bankruptcy Code, 2016.

Time of filing of CIRP application to be considered for requisite threshold limit u/s. 4 of IBC

September 8, 2025 501 Views 0 comment Print

NCLT Cuttack held that time of filing of CIRP application and not time of admission of application has to be considered for requisite threshold amount u/s. 4 of the Insolvency and Bankruptcy Code, 2016. Hence, GST debit-note and payment done after filing of application cannot be considered.

Commercial Tax Dept was secured creditor u/s 52 of IBC; assessee purchaser was directed to recover its cost from other creditors

September 8, 2025 417 Views 0 comment Print

Assessee’s remedy lied in recovering the amounts wrongly disbursed through the liquidation process, with the liquidator assisting in such recovery. Upon full satisfaction of the 1st Respondent’s dues, the attachment should stand vacated.

MEIS benefits cannot be fatal merely due to inadvertent mistake of procedure

September 8, 2025 489 Views 0 comment Print

Supreme Court held that once exports are genuine and fall within the notified category, inadvertent mistakes of procedure cannot be treated as fatal, especially where they are corrected under statutory authority. Thus, appeal allowed. Accordingly, benefit of MEIS allowed.

Country of Origin certificate cannot be ignored unless proved forged

September 8, 2025 816 Views 0 comment Print

The Principal Commissioner was not justified in ignoring the certificate of origin issued by the competent authority in UAE. In the absence of a finding by the competent authority that this is a fake certificate, this certificate would conclusively prove that the imported goods originated from UAE.

Revocation of customs broker license upheld for failure to verify importer’s credentials

September 8, 2025 951 Views 0 comment Print

CESTAT Delhi held that revocation of customs broker license upheld since Customs House Agent [CHA] violated regulation of Customs Broker Licensing Regulations, 2018 as failed to verify importer’s credentials.

Order of disciplinary authority not interfered as perversity not established by Commercial Tax officer

September 8, 2025 258 Views 0 comment Print

Madras High Court refused to interfere in order of the Disciplinary Authority imposing stoppage of increment of Assistant Commissioner of Commercial Taxes since there is no perversity in the orders. Accordingly, writ dismissed.

Higher salary of Additional Commissioner while being posted at ITAT rejected

September 8, 2025 366 Views 0 comment Print

Punjab and Haryana High Court held that claim of petitioner to be treated as Additional Commissioner while being posted at ITAT so as to grant the higher salary cannot be accepted since nothing brought on record stating that duties of higher nature were performed.

CIT(A) cannot dismiss appeal for non-prosecution without disposing on merits

September 8, 2025 582 Views 0 comment Print

ITAT Vishakhapatnam held that dismissal of appeal by CIT(A) merely on account of non-prosecution by the assessee without disposing off on merits is not justifiable. Accordingly, order set aside and matter restored to CIT(A) for fresh adjudication.

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