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Judiciary

Madras HC Extends Time Limit for GST Appeal with required pre-deposit

January 2, 2024 684 Views 0 comment Print

Madras High Court extends time for filing GST appeal with required pre-deposit in Trans Car India vs. Additional Commissioner case. Detailed analysis and implications.

Excise duty refund cannot be adjusted against demand without providing an opportunity to appellant

January 2, 2024 306 Views 0 comment Print

Explore the CESTAT Bangalore case of J K Tyre vs Commissioner regarding the validity of excise duty refund appropriation. Detailed analysis of the order and its implications.

RERA has locus to file an appeal against order initiating CIRP

January 2, 2024 519 Views 0 comment Print

NCLAT Delhi held that RERA (Real Estate Regulatory Authority) being an aggrieved person under section 61 of I&B Code 2016 has a locus to file an Appeal against order initiating Corporate Insolvency Resolution Process (CIRP).

Appellant cannot be penalised for delay in issuance of EODC by DGFT

January 2, 2024 798 Views 0 comment Print

Explore the CESTAT Delhi order on Kabir Oldtex’s appeal. Penalty deletion on importer due to DGFT’s delay in EODC issuance. Detailed analysis and implications.

Court abstained from interfering as tariff rate of electricity is governed by section 61 of Electricity Act

January 2, 2024 390 Views 0 comment Print

Delhi High Court held that section 61 of the Electricity Act, 2003 governs the tariff rates of electricity based which is determined through transparent process and hence no interference is required.

No Profit Attribution if Ricardo India’s Commission Adjusted: Delhi HC

January 2, 2024 459 Views 0 comment Print

Explore Delhi High Court’s ruling in CIT vs Ricardo U.K. Limited. No profit attribution if commission paid to Ricardo India is adjusted against PE profit. Detailed analysis and implications.

Custom duty on processed goods leftover after completing export obligations

January 2, 2024 435 Views 0 comment Print

CESTAT Ahmedabad’s order in L&T vs. C.C.-Kandla regarding taxability of processed goods leftover after completing export obligations.

Bar of unjust enrichment doesn’t apply as imported goods used for manufacture of final product

January 2, 2024 510 Views 0 comment Print

CESTAT Kolkata held that question of unjust enrichment in terms of section 27(2) of the Customs Act doesn’t not arise as imported goods are used as raw material for manufacture of final product i.e. imported goods are not sold to someone else.

Financial assistant in JVA by way of Inter-corporate Deposit doesn’t qualify as financial debt

January 2, 2024 495 Views 0 comment Print

NCLAT Delhi held that financial assistance given by the Appellant in a Joint Venture Agreement (JVA) by way of an Inter-Corporate Deposit (ICD) does not fall within the canvas of financial debt as defined u/s. 5(8) of the IBC. Hence, CIRP application u/s 7 not entertained.

Outside treatment allowed due to lack of appropriate medical facilities in Delhi prison

January 2, 2024 438 Views 0 comment Print

Delhi High Court held that as the medical facilities available at jail dispensary not adequate for medical treatment of the applicant, the applicant is allowed to get required physiotherapy treatment at Safdarjung Hospital, Delhi.

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