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Judiciary

Attachment order under SAFEMA sustained due to reasonable belief that attached properties are involved in money laundering

August 14, 2025 861 Views 0 comment Print

There exists a reasonable belief, duly recorded and supported by material evidence, that the attached properties are involved in money laundering and further, the appellants have failed to rebut the statutory presumption under Section 24 of the PMLA.

Recovery of duty drawback beyond three years is barred by limitation: Madras HC

August 14, 2025 1194 Views 0 comment Print

Madras High Court held that recovery of availed duty drawback beyond period of three years from the date of respective shipment is barred by limitation. Accordingly, it is directed to reconsider the matter after affording personal hearing as order was passed in violation of natural justice.

Commercial wisdom of CoC must be given primacy during CIRP: Supreme Court

August 14, 2025 564 Views 0 comment Print

Supreme Court held that the commercial wisdom of the CoC must, accordingly, be given primacy during the CIRP. Once CoC decides that retention of the possession of the subject property was not in the interest of the CIRP, that decision must be given the respect that is lawfully due to it.

Madras HC directs NCLT to file counter as it proceeded to appoint IRP different from one suggested by CD

August 14, 2025 309 Views 0 comment Print

Madras High Court has instructed NCLT to file detailed counter as NCLT has proceeded to appoint the Interim Resolution Professional [IRP] different from that suggested by Corporate Debtor [CD].

Burden of Proof on Revenue after Assessee Submits Evidence: ITAT Ahmedabad

August 14, 2025 654 Views 0 comment Print

The ITAT Ahmedabad ruled in favor of an agriculturist, holding that once the assessee provides primary evidence for cash deposits, the burden shifts to the Revenue to provide contradictory evidence.

ITAT Ahmedabad Deletes ₹26.49 Lakh Addition u/s 69A: NRE Remittances Held Genuine

August 14, 2025 813 Views 0 comment Print

The ITAT Ahmedabad deleted a Rs. 26.49 lakh addition, ruling that foreign remittances into an NRE account were a valid source for a property purchase.

CAAR Refrains from Ruling on Supari Classification

August 14, 2025 294 Views 0 comment Print

The Customs Authority for Advance Rulings (CAAR) in Mumbai has opted not to issue a ruling on the classification of processed supari, citing a pending case.

Deeming fiction u/s 69A cannot be invoked mechanically or in terrorem: ITAT Ahmedabad

August 14, 2025 1101 Views 0 comment Print

The ITAT Ahmedabad deleted a ₹16.69 lakh addition, ruling that Section 69A cannot be invoked mechanically when the assessee provides evidence of business receipts.

GSTAT Rules Against Subway Franchisee in Anti-Profiteering Case

August 14, 2025 1209 Views 0 comment Print

The Principal Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) has upheld a ruling against a Subway franchisee, M/s Urban Essence, for failing to pass on the benefit of a GST rate reduction from 18% to 5% to its consumers. The tribunal confirmed the anti-profiteering amount of ₹5,47,005 after multiple investigations found the company increased its base prices to offset the tax cut.

No drawback shall be allowed when drawback exceeds market value of goods

August 13, 2025 930 Views 0 comment Print

Held that if the transaction value (FOB value) is so high, that the drawback due on the goods exceeds the market value of the goods, then, as per section 76(1) (b) of the Customs Act, no drawback shall be allowed.

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