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Judiciary

Order of District Consumer Commissioner after imposition of moratorium u/s. 14 of IBC is not maintainable

November 3, 2025 705 Views 0 comment Print

Bombay High Court held that order of District Consumer Dispute Redressal Commission passed after imposition of moratorium u/s. 14 of Insolvency and Bankruptcy Code cannot have binding effect of the company. Accordingly, petition is allowed.

Reassessment held invalid as approval u/s. 151 granted in mechanical manner

November 3, 2025 1650 Views 0 comment Print

ITAT Hyderabad held that reopening of assessment is invalid in as much as the approval/ sanction under section 151 of the Income Tax Act is granted in a mechanical manner. Further, reasons for reopening are based on on-application of mind and borrowed satisfaction. Accordingly, reopening quashed and appeal allowed.

Crane Auction unlawful without providing notice or hearing to owner Under NDPS Case

November 3, 2025 249 Views 0 comment Print

Patna High Court held that since owner of the crane was not an accused in NDPS case, thus auction of his crane without any notice and without providing opportunity of being heard is unlawful. Accordingly, criminal writ petition is allowed.

Liquidation u/s. 33(1)(b) of IBC admitted in view of rejection of resolution plan

November 3, 2025 597 Views 0 comment Print

NCLT Ahmedabad held that Corporate Debtor [Shree Ram Cottex Industries Pvt. Ltd.] is admitted into liquidation in terms of provisions of section 33(1)(b) of the Insolvency and Bankruptcy Code, 2016 in view of rejection of resolution plan u/s. 31(2) for non-compliance with statutory requirements.

Cap Sub Assembly for Door Outside Handle is classifiable under CTH 8708 29 00

November 3, 2025 465 Views 0 comment Print

CESTAT Delhi held that Cap Sub Assembly for Door Outside Handle 423205-11480 is classifiable under Customs Tariff Heading 87082900 as contented by the Department. Accordingly, benefit under notification no. 46/2011 Customs not admissible.

Financial Creditor mandatorily needs to prove disbursement as defined u/s. 5(8)(f) of IBC

November 3, 2025 585 Views 0 comment Print

NCLAT Delhi held that appellant doesn’t qualify as a Financial Creditor since appellant has failed to discharge the burden of proving any disbursement as defined under Section 5(8)(f) of the Insolvency and Bankruptcy Code. Accordingly, order upheld and appeal dismissed.

Penalty u/s. 270A quashed as specific limb u/s. 270A(9) not specified

November 3, 2025 3333 Views 0 comment Print

ITAT Mumbai held that levy of penalty under section 270A of the Income Tax Act cannot be sustained since specific limb of Section 270A(9) leading to under-reporting of income or mis-reporting of income is not specified. Accordingly, appeal of assessee is allowed.

Bail Granted in ₹2.58 Crore Gold Smuggling Case After Over a Month in Custody

November 2, 2025 888 Views 0 comment Print

The Madras High Court granted conditional bail to petitioners arrested for allegedly smuggling 2.3 kg of gold worth over Rs. 2.58 crore from Singapore to Madurai. The bail requires a Rs. 10,000 bond, passport surrender, and daily reporting to the Senior Intelligence Officer.

Insolvency Admission Without Hearing Debtor Unsustainable: NCLAT Delhi

November 2, 2025 594 Views 0 comment Print

The NCLAT Delhi set aside the NCLT order admitting Athena Constructions Ltd. to CIRP, finding the Appellant was not heard on merits. While the financial creditor’s dues were settled, the NCLAT remanded the case to the NCLT to process the settlement plea and consider any claims received by the IRP.

No Value Loading When Imports from Related Parties Not Proven: CESTAT Chennai

November 2, 2025 582 Views 0 comment Print

CESTAT held that mere invoicing through a related foreign entity does not justify loading of assessable value under Customs law. Since no direct imports from related suppliers were established, value enhancement was rightly set aside.

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