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Judiciary

Customs Duty recovery stayed as ELISA Food Testing Kits claimed as Diagnostic Goods

January 11, 2026 210 Views 0 comment Print

The Court considered whether ELISA kits qualify as diagnostic items eligible for customs exemption. Pending final adjudication, interim protection was granted with a direction against coercive recovery.

Sunglasses Taxable at Higher VAT Because They Are Not Spectacles: P&H HC

January 11, 2026 246 Views 0 comment Print

The High Court examined whether sunglasses qualify as spectacles under VAT schedules. It ruled that sunglasses are not covered by the spectacles entry and therefore cannot enjoy the lower tax rate. The key takeaway is that sunglasses must be taxed as residuary goods at 12.5% VAT. 

Delhi HC Referred High GST on Air Purifiers for Review as Pollution Creates Health Emergency

January 11, 2026 429 Views 0 comment Print

The case examined whether air purifiers qualify as medical devices under a statutory notification. The High Court directed the GST Council to urgently consider lowering or abolishing GST on air purifiers and HEPA filters.

Delhi HC Orders Immediate Release as Used Gold Chain is Personal Effect & One new iPhone is Permissible

January 11, 2026 423 Views 0 comment Print

The Court held that an old used gold chain could not be absolutely confiscated by Customs. Both the seized chain and phone were ordered to be released without duty, penalty, or fine.

Gold Bent Into Kada Shape Held as Raw Gold, Not Jewellery: Delhi HC

January 11, 2026 249 Views 0 comment Print

The High Court noted that the seized bangles were raw gold pieces and directed the petitioner to pursue the statutory appeal remedy, ensuring a personal hearing before the appellate authority.

Ponchos Treated as Capes Because Tariff Notes Prevail Over Trade Parlance

January 11, 2026 237 Views 0 comment Print

The Tribunal upheld customs reclassification of imported goods from scarves to capes based on HSN notes and expert opinion. The key takeaway is that statutory tariff definitions override market practice.

Confiscation Restored as No One Claimed Rights Over Seized Foreign-Origin Gold: Delhi HC

January 11, 2026 318 Views 0 comment Print

Court held that once neither the alleged seller nor the broker claimed rights in the seized gold, the tribunal’s setting aside of confiscation was no longer tenable. Confiscation of gold and currency was restored, while penalty was set aside as it abated upon death.

Liquidator Cannot Recover Disputed Contractual Dues Under Insolvency Jurisdiction

January 11, 2026 486 Views 0 comment Print

The issue was whether disputed receivables could be recovered through NCLT during liquidation. The tribunal held that uncrystallised contractual claims fall outside Section 60(5) of the IBC.

GST Clearance Certificate Issued by CA Not Acceptable when Tender Involves Services: Bombay HC

January 11, 2026 495 Views 0 comment Print

The Court upheld rejection of a technical bid because the bidder submitted a GST clearance certificate issued by a private professional instead of the tax department. The ruling clarifies that statutory compliance certificates must come from competent government authorities when mandated by tender conditions.

Mechanical Dismissal of GST Appeal on Limitation Held Unsustainable: Rajasthan HC

January 11, 2026 3264 Views 0 comment Print

The High Court quashed dismissal of a GST appeal where the authority ignored the explanation for delayed filing. The ruling stresses reasoned consideration under Section 107(4) before rejecting appeals.

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