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Judiciary

Petitioner can avail efficacious remedy to file Appeal if writ petition is dismissed

January 9, 2024 537 Views 0 comment Print

Read about the Madras High Court’s dismissal of a writ petition by M & Arun Tex challenging Input Tax Credit (ITC) disallowance. Discover the court’s stance, emphasizing the availability of an efficacious appeal remedy for the petitioner.

Commitments made in a resolution plan cannot be considered a financial debt: NCLT Mumbai

January 9, 2024 522 Views 0 comment Print

Explore ICICI Prudential Real Estate AIF’s attempt to initiate Corporate Insolvency Resolution Process (CIRP) against Nandi Vardhan Infrastructure Limited. Understand the NCLT Mumbai ruling on whether a resolution applicant’s commitment constitutes a financial debt.

RP Empowered to Reject CoC’s Proposal for Bank Guarantees Renewal: NCLAT

January 9, 2024 336 Views 0 comment Print

Explore the NCLAT Delhi’s decision in IDBI Bank vs. Sumit Binani case, where the power vested in RP under IBC Section 25(1) to reject CoC’s proposal for renewal of bank guarantees is analyzed. Full judgment included.

No Redemption Fine & Penalty if Customs Notification Compiled: CESTAT Kolkata

January 9, 2024 336 Views 0 comment Print

Read the CESTAT Kolkata order where non-imposition of redemption fine and penalty is upheld, ensuring compliance with Customs Notification. Full analysis here.

Customs Notification Eligibility: CESTAT Mumbai Orders Remand in Oki India Pvt Ltd Case

January 9, 2024 309 Views 0 comment Print

Explore the CESTAT Mumbai order on Oki India Pvt Ltd vs Commissioner of Customs. Analysis of ostensible eligibility for customs benefit and remand for consideration of alternative notification.

Article 226 Limited to Jurisdictional Lack or Absence of Material in UPGST Cases: Allahabad HC

January 9, 2024 678 Views 0 comment Print

Allahabad HC: Unless inherent lack of jurisdiction or complete absence of relevant material is alleged and established, no interference may be warranted under Article 226 of Constitution of India.

Jammu & Kashmir HC directs Reconsideraton of ITC Claim of Malik Traders

January 9, 2024 666 Views 0 comment Print

Malik Traders have secured a directive from the Jammu & Kashmir and Ladakh High Court for the reconsideration of their ITC claim. The court’s emphasis on providing an opportunity for the petitioner to present evidence before the Appellate Authority reflects a commitment to fair adjudication in matters involving factual complexities.

No fee could be charged by Liquidator under scheme of section 230 of Companies Act, 2013

January 9, 2024 447 Views 0 comment Print

Appellant-Liquidator charged fee for the period from 15.03.2022 to 17.02.2023 as per the provisions of Regulation 4(2)(a) read with Proviso to Regulation 2B(3) of the Liquidation Regulations, 2016.

HC Quashes Ex Parte Order on Excise Duty for Lean Gas Incineration in Electricity Generation

January 9, 2024 645 Views 0 comment Print

Assessee had been a manufacturer of “Carbon Black” since 2009. During the process of manufacturing Carbon Black, a waste gas, off gas, or tail gas emerged as a by-product, and having regard to environmental norms and pollution laws, assessee incinerated the gas so as to prevent the emission of toxic materials, i.e., carbon monoxide (CO) and other hydrocarbons.

Madras High Court Grants 3 Months to Pay GST Interest

January 9, 2024 1140 Views 0 comment Print

Explore the judgment of Madras High Court in the case challenging GST interest demand. Learn about the petitioner’s plea, court analysis, and the granted 3-month payment period.

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