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Judiciary

Charge registered with CERSAI to be treated as secured Financial Creditor

July 24, 2025 1011 Views 0 comment Print

NCLAT Delhi held that appellant to be treated as secured Financial Creditor based on the registered charge with CERSAI in accordance with Regulation 21 of the IBBI (Liquidation Process) Regulations, 2016. Accordingly, appeal allowed and order set aside.

AO Not Bound by Appellate Remarks in De Novo VAT Assessment: Madras HC

July 24, 2025 387 Views 0 comment Print

The Madras High Court has addressed a tax dispute involving Tvl. Aro Granite Industries Ltd., directing an assessing authority to re-evaluate a slump sale claim independently, free from prior appellate observations.

Receipt of payment cannot be qualified as FTS merely because service require technical expertise

July 24, 2025 759 Views 0 comment Print

Delhi High Court held that payments received for services that may require technical expertise, technical inventions or technology would not qualify as Fees for Technical Services under Article 13 of the India-UK DTAA. Accordingly, appeal allowed.

Kerala Luxury Tax on Large Residences Constitutionally Valid; Demand Beyond 3 Years Set Aside

July 24, 2025 870 Views 0 comment Print

The Kerala High Court affirmed the validity of Section 5A of the Kerala Building Tax Act, classifying it as a building tax, not a luxury tax, but restricted recovery to a three-year period.

GST Cancellation Revoked as Returns Filed & Dues Paid Up to Cancellation Date

July 24, 2025 720 Views 0 comment Print

The Gauhati High Court has ordered the restoration of a GST registration after the petitioner paid all outstanding dues, citing a similar precedent.

Order Quashed as SCN Sent to Old Address; Exporter Allowed to Submit BRCs in Fresh Proceedings

July 24, 2025 297 Views 0 comment Print

Madras High Court sets aside Customs order against Spac Starch due to non-receipt of notices, citing natural justice. Case remanded for fresh hearing.

Addition merely on basis of available information without independent investigation is unsustainable

July 24, 2025 2073 Views 0 comment Print

ITAT Delhi held that addition towards earning fictitious profit by misusing Client Code Modification Facility merely on the basis of information received from Investigation wing without carrying out independent investigation is unsustainable in law. Accordingly, appeal of revenue dismissed.

Ex-Parte GST Orders Invalid if SCN uploaded solely on ‘Additional Notices Tab’ without ensuring petitioner’s awareness

July 24, 2025 1167 Views 0 comment Print

 Delhi High Court rules ex-parte GST orders are invalid if the Show Cause Notice was only uploaded to the ‘Additional Notices Tab’ on the GST portal, without proper notification.

Odisha HC Denies Pre-Arrest Bail to GST Operator in ₹1.29 Crore Fraud Case

July 24, 2025 273 Views 0 comment Print

The Odisha High Court denied pre-arrest bail to a GST facilitation operator accused of diverting Rs.1.29 crore entrusted for GST dues, citing the nature of the economic offense and societal impact.

Writ Allowed Despite Limitation Bar; Duty Drawback Case Remanded on Full Deposit & Proof of Export Realization

July 24, 2025 567 Views 0 comment Print

Madras High Court remands Sangeetha Tex duty drawback case, allowing fresh review despite appeal delay, citing health issues and BRC availability.

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