Notifications under Section 168A need not be adjudicated in writ jurisdiction since matter could be taken before appellate forum. It may appropriately be pursued before the competent statutory authority empowered to adjudicate factual disputes under the GST Act and the Rules framed thereunder.
Delhi High Court held that implementation of OIO as confirmed by OIA and release of personal jewellery should be directed since mere prospect of filing a review cannot be a ground to hold back implementation of these orders.
CESTAT Mumbai held that ‘Gun Shape Metal Cigarette Lighters’ are not liable for confiscation u/s. 111(d)/ 111(m) of the Customs Act, 1962 since ‘cigarette lighters’ of gun shape remain as lighters by its functioning and not as replica of arms as defined u/s. 69A of the Weapons Act, 1990.
NCLT Chennai held that petition under section 7(5) of the Insolvency and Bankruptcy Code, 2016 [IBC] is admitted as financial debt and default thereon is proved by the Financial Creditor. Accordingly, CIRP of Corporate Debtor admitted.
The ITAT Agra has canceled a penalty against Bundelkhand University, ruling that a technical breach of not filing documents is not punishable if all details are later provided.
CESTAT Mumbai held that mis-classification/ mis-declaration of goods merely on the basis of statement of importer not justifiable as department failed to discharged burden of proof with proper evidence. Accordingly, appeal allowed in favour of appellant.
ITAT Hyderabad held that rejection of books during assessment proceedings does not retrospectively nullify the obligation to comply with section 44AB of the Income Tax Act within the prescribed time. Accordingly, penalty under section 271B upheld.
Allahabad High Court held that proceedings rightly initiated under section 129(1)(b) of the GST Act since on verification of GST portal it is found that transactions are not shown which concludes the transactions are bogus.
Delhi High Court rejected an anticipatory bail plea by a GST investigation subject, ruling the application was premature as no immediate arrest was planned.
The ITAT Ahmedabad has given the Stellin Foundation another chance to seek registration under Sections 12AB and 80G, setting aside a denial and ordering a new hearing. The tribunal condoned a 19-day delay in the appeal filing, citing sufficient cause.
