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Judiciary

Amendment to s.11(3) Prospective: Old Accumulations Retain 6-Year Window

September 27, 2025 987 Views 0 comment Print

Tribunal held that 2022 amendment to Section 11(3) applies prospectively, allowing trusts to utilise past accumulations within six years under old law. Additions made under Section 115BBI were deleted.

CCTV Footage of assessee’s family should not be used by GST Dept as it violated right to privacy

September 26, 2025 4767 Views 0 comment Print

Some of the concerns which were raised by assessee such as right to privacy of the family being violated, etc., deserve to be addressed as any family-related CCTV footage which was with the GST department and violated the privacy of family members could not be used or disseminated in any manner.

Provisional Release conditions for imported fabric was modified and substituted Rs. 22 Lakh of Bank Guarantee with Bond

September 26, 2025 519 Views 0 comment Print

While securing the Revenues interest under Section 110A of the Customs Act, conditions for provisional release should not be unduly harsh. Requirement to furnish Bank Guarantee of ₹22 lakhs  was modified with execution of bond of Rs. 22 lakh.

Penalty u/s. 117 of Customs Act imposed on courier agency for lack of due diligence

September 26, 2025 918 Views 0 comment Print

CESTAT Delhi held that penalty under section 117 of the Customs Act, 1962 rightly imposed on courier agency for lack of due diligence since red sandalwood was mis-declared as copper wire in export consignment. Accordingly, penalty of Rs. 1 Lakh imposed.

Demand notice under Proviso (b) to section 138 of NI Act invalid as amount in notice different from cheque amount

September 26, 2025 1416 Views 0 comment Print

Supreme Court held that demand notice stands invalid in the eye of law when amount mentioned and demanded in notice send under Proviso (b) to section 138 of the Negotiable Instrument Act is different from actual cheque amount.

Application u/s. 30(6) of IBC not admitted as it directly contravened section 30(2)

September 26, 2025 528 Views 0 comment Print

NCLT Ahmedabad held that application u/s. 30(6) of IBC by Resolution Professional not admitted inspite of approval by the sole unsecured financial creditor since it is not in compliance with section 30(2) of the Code, insofar as the dues of the state tax department under GVAT are not considered.

SC Quashes Illegal Property Auction, Orders Bank to Refund Innocent Buyer with 9% Interest

September 26, 2025 4242 Views 0 comment Print

The Supreme Court set aside the e-auction of a DDA plot by Corporation Bank, ruling the underlying mortgage was void ab initio for lacking the mandatory prior consent of the Lieutenant Governor.

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

September 26, 2025 555 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 723 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 645 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.

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