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Judiciary

Financer Not Liable for Import Undervaluation Penalty Without Proven Involvement: CESTAT Kolkata

April 19, 2025 414 Views 0 comment Print

CESTAT Kolkata sets aside penalty on Rakesh Magoo, citing lack of evidence and violation of natural justice in customs undervaluation case.

Section 153D Approval Must Be Year-Specific, Independent & Non-Mechanical: Delhi ITAT

April 19, 2025 1722 Views 0 comment Print

Delhi ITAT: Section 153D approval requires specific application of mind per assessment year, not blanket or mechanical. Assessment quashed.

ITAT Delhi allows lease equalization and business loss write-offs

April 19, 2025 1782 Views 0 comment Print

ITAT Delhi allows Birlasoft’s claims on lease equalization and business loss write-offs, rejecting tax authority’s disallowances for AY 2014-15.

Bail for offence u/s. 447 of Companies Act set aside as twin conditions of section 212(6) not satisfied

April 19, 2025 936 Views 0 comment Print

Supreme Court held that person accused for an offence under section 447 of the Companies Act cannot be released on bail without satisfying mandatory twin conditions prescribed under sub-section (6) of section 212 of the Companies Act.

Washing and dry cleaning covered within ‘manufacturing process’ u/s. 2(k) of the Factory Act

April 19, 2025 669 Views 0 comment Print

Supreme Court held that washing and dry cleaning is covered within the meaning of ‘manufacturing process’ defined under section 2(k) of the Factory Act, 1948 and hence Factory Act will be applicable. Accordingly, appeal is allowed and order of High Court set aside.

Non-conduct of preliminary enquiry cannot be reason to quash FIR against public servant in corruption case

April 19, 2025 600 Views 0 comment Print

In the year 1998, respondent no.1 was appointed as an Assistant Engineer in Karnataka Power Transmission Corporation Limited. Later, he was promoted to the post of Executive Engineer in Bangalore Electricity Supply Corporation.

Telephonic conversation, vague statements and uncorroborated allegations insufficient to establish criminal conspiracy

April 19, 2025 975 Views 0 comment Print

Delhi High Court held that the allegations against the petitioners are based on telephonic conversations, vague statements, and uncorroborated allegations which are insufficient to establish a criminal conspiracy or wrongful conduct.

Seizure of jewellery valid as legitimacy of jewellery not substantiated

April 19, 2025 1179 Views 0 comment Print

Calcutta High Court held that seizure of jewellery is valid since legitimacy of jewellery not substantiated; discrepancies are found in documentation and weight and there was reasonable belief of potential wrongdoing.

Financial creditor entitled to file application u/s. 7 of IBC even after breach of settlement agreement

April 19, 2025 999 Views 0 comment Print

NCLAT Delhi held that financial creditor entitled to file an application under section 7 of the Insolvency and Bankruptcy Code even after breach of settlement agreement since nature of debt doesn’t change. Thus, order admitting section 7 application sustained.

Interest & Penalty on IGST Payment Under Customs Tariff Act (Effective 16th August 2024): Bombay HC

April 19, 2025 1902 Views 0 comment Print

As already held by us, Section 3 (12) of the Tariff Act, as amended, is applicable only after 16th August,2024 and is not applicable to the present case. Accordingly, in the present case, no confiscation could have been imposed.

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