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Judiciary

Demand of network charges for energy produced by Rooftop Solar Generators set aside

April 18, 2025 1161 Views 0 comment Print

Madras High Court held that demand of network charges in respect of energy produced by Rooftop Solar Generators is set aside as all the charges are already included in tariff. Accordingly, demand is set aside and writ petition is allowed.

Application u/s. 9 of IBC after three years of MSME Council Awards is barred by limitation

April 18, 2025 1050 Views 0 comment Print

NCLT Mumbai held that application u/s. 9 of the Insolvency and Bankruptcy Code [IBC] after three years of MSME Council Awards is beyond limitation as per Article 137 of the Limitation Act. Accordingly, application dismissed as barred by limitation.

Interest on Delayed Agricultural Land Acquisition Compensation should be Classified as ‘Capital Gain

April 18, 2025 1404 Views 0 comment Print

Therefore, such interest partook the character of the compensation itself. The Court further observed that the statutory obligation to pay compensation for compulsory acquisition was rooted in Article 300A of the Constitution, which safeguarded a citizen’s right to property.

No addition u/s 69A without corroborative evidence & cross-examination

April 18, 2025 2043 Views 0 comment Print

Additions under Section 69A could not be sustained without concrete evidence and due process and AO had not brought any tangible evidence to prove the alleged cash loan.

Personal guarantor can prefer an appeal u/s. 61 against order of NCLT

April 18, 2025 1503 Views 0 comment Print

NCLAT Delhi held that appeal against an order of NCLT initiating insolvency resolution process of personal guarantor lays to NCLAT. Thus, personal guarantor eligible to file an appeal u/s. 61 of IBC against order issued u/s. 100.

Illegal gratification of 1.5 Crore against Intelligence Officer not proved with evidence

April 18, 2025 609 Views 0 comment Print

Kerala High Court held that proceedings punishable under section 13(1)(d) r.w.s. 13(2) of the Prevention of Corruption Act, 1988 not justified since illegal gratification of Rs. 1.5 crore against Intelligence Officer not proved in absence of sufficient evidence.

Ethyl Benzene is isomer of xylene hence classified under CTH 29024400

April 18, 2025 750 Views 0 comment Print

CESTAT Kolkata held that Ethyl Benzene is isomer of xylene and hence correctly classifiable under Customs Tariff Heading [CTH] 29024400. Accordingly, order demand differential duty set aside and appeal of the assessee allowed.

Section 40A(3) not invocable as income assessed at flat gross profit rate: ITAT Chennai

April 18, 2025 1113 Views 0 comment Print

Aggrieved against the directions of CIT(A) to the AO for assessment of gross profit on unaccounted sales of unaccounted purchases and enhancement on account of disallowance of cash payment u/s.40A(3) of the Act, the assessee came in appeal before the Tribunal.

One Time Settlement proposal by Corporate Debtor is clear acknowledgement of debt & default

April 18, 2025 975 Views 0 comment Print

NCLT Kolkata held that One Time Settlement proposal given by Corporate Debtor to Financial Creditor is a clear acknowledgment of debt and default. Hence, application filed by Financial Creditor u/s. 7 of IBC for initiating CIRP against S R Timber Products Private Limited admitted.

Additional duty leviable even if goods are exempted from basic customs duty: Madras HC

April 18, 2025 654 Views 0 comment Print

Madras High Court held that the goods imported, even though exempted from basic customs duty, may still be subject to levy of additional duty under the respective enactments.

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