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Judiciary

Trust’s Accumulation Period Cannot Be Shortened Due to Prospective Section 11 Amendment

January 11, 2026 711 Views 0 comment Print

The Tribunal held that amendments to Section 11 cannot retrospectively curtail the utilization window for earlier accumulations. Existing accumulations remain governed by the law in force at the time they were made.

Criminal Contempt Ordered against GST Officer for Misleading Affidavit in GST Refund Case

January 11, 2026 1737 Views 0 comment Print

The High Court found that a GST appellate officer filed a misleading personal affidavit while defending a refund order. The ruling underscores that false or evasive statements to the Court can attract criminal contempt.

No Interest on Belated Excise Duty Where Credit Offsets Revenue Loss: Calcutta HC

January 11, 2026 264 Views 0 comment Print

The court upheld waiver of interest on a confirmed excise duty demand, holding that revenue neutrality justified non-levy where no net loss to the exchequer occurred.

Proportionate Cenvat Credit Allowed in Principle for Services Spanning Taxable Period

January 11, 2026 327 Views 0 comment Print

The issue was whether insurance-related Cenvat credit was admissible when the output service became taxable later. The tribunal allowed proportionate credit in principle but remanded the matter for factual verification.

Section 7 CIRP Petition Barred as Default Fell Within COVID-19 Period

January 11, 2026 441 Views 0 comment Print

The Appellate Tribunal upheld dismissal of a CIRP application after finding that the creditor’s own pleadings fixed the default during the Section 10A exclusion period. The key takeaway is that insolvency proceedings are permanently barred for such defaults.

Bail Denied Due to Massive GST Evasion Through Online Gaming Routes

January 11, 2026 783 Views 0 comment Print

The court refused bail after finding prima facie evidence of large-scale GST evasion through online gaming transactions. The ruling highlights that high-value tax fraud attracts strict non-bailable consequences.

Section 14A Disallowance Restricted as Interest-Free Funds Exceeded Investments

January 11, 2026 495 Views 0 comment Print

The Tribunal upheld restriction of disallowance where interest-free funds were higher than tax-free investments. It reaffirmed that no interest disallowance arises in such circumstances.

CVD Liability on Wind Turbine Castings Clarified by CESTAT Chennai

January 11, 2026 408 Views 0 comment Print

The Tribunal held that Countervailing Duty applies only to castings, even if they form part of sub-assemblies or components, and remitted the case for valuation of castings.

Seizure Challenge Rejected Due to Lack of Territorial Jurisdiction: Delhi HC

January 11, 2026 378 Views 0 comment Print

The court held that seizures carried out and served in another state did not give rise to jurisdiction merely because testing and headquarters were in Delhi, directing parties to the appropriate High Court.

Section 14A Interest Disallowance Deleted Due to Availability of Interest-Free Funds

January 11, 2026 321 Views 0 comment Print

The Tribunal held that when interest-free funds exceed exempt-income investments, no interest disallowance under Section 14A can be made. The ruling reinforces the presumption laid down by the Supreme Court.

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