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Judiciary

Partners can be prosecuted u/s. 138 without firm being arraigned as accused

July 30, 2025 1056 Views 0 comment Print

Supreme Court held that partners of the partnership firm can be prosecuted individually under section 138 of the Negotiable Instruments Act, 1881 [NI Act] without the partnership firm being arraigned as an accused. Accordingly, order of high court set aside.

Order taking cognizance of offences vitiated as no pre-cognizance opportunity of hearing granted

July 30, 2025 1020 Views 0 comment Print

Accordingly, the said order dated February 15, 2025 is hereby set aside. Consequentially, the subsequent proceedings taken in pursuance of the said orders are also quashed, in view of the genesis of such proceedings itself being a nullity in the eye of law.

Service tax exemption available to stem cell banking services: Supreme Court

July 30, 2025 447 Views 0 comment Print

Supreme Court held that partners of the partnership firm can be prosecuted individually under section 138 of the Negotiable Instruments Act, 1881 [NI Act] without the partnership firm being arraigned as an accused. Accordingly, order of high court set aside.

No confiscation when smuggled nature of gold not established: CESTAT Kolkata

July 30, 2025 795 Views 0 comment Print

CESTAT Kolkata held that confiscation of gold bar not justified since the smuggled nature of the gold has not been established by the department and the appellant has produced evidence of purchase of the gold from domestic sources. Accordingly, appeal allowed.

Statutory Deadline Interpreted Flexibly: Pune ITAT Sets Aside Technical Rejection of 80G Application

July 30, 2025 1041 Views 0 comment Print

Pune ITAT restores Action For Impact Foundation’s 80G application, setting aside CIT’s rejection on delay grounds. Matter to be reconsidered on merits.

SC Upholds GST Exemption on license fees collected by Electricity Regulatory Commissions

July 30, 2025 1644 Views 0 comment Print

The Supreme Court of India upholds a Delhi High Court decision, confirming that GST is not leviable on license fees collected by Electricity Regulatory Commissions.

SCN invalid for non-filing of returns after cancellation of GST registration

July 30, 2025 1020 Views 0 comment Print

Delhi High Court rules a show cause notice for non-filing of GST returns is not valid after registration is cancelled, aligning with the date of business closure.

CESTAT Ahmedabad Allows Refund of Ocean Freight Service Tax Paid

July 30, 2025 1026 Views 0 comment Print

CESTAT Ahmedabad rules Synergy Seaports eligible for a Rs 1.85 Cr refund, citing Supreme Court’s ultra vires judgment and CGST Act’s Section 142(3) on time limits.

Secondment of Employee Not FTS, No Section 195 TDS: ITAT Pune

July 30, 2025 867 Views 0 comment Print

ITAT Pune rules on Faurecia Automotive Holding case, clarifying FTS and Royalty taxation. Reverses AO’s order on seconded employee reimbursement and global support services.

Salary Reimbursements Not FTS, No TDS u/s 195 on Secondment of Employees

July 30, 2025 873 Views 0 comment Print

ITAT Delhi addresses AT&T’s appeals, quashing adjustments for notional interest on receivables, mark-up on domestic services, and TDS on seconded employee reimbursements.

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