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Judiciary

Order Passed Beyond 3-Month Limit under Section 153(5) is Invalid: Karnataka HC

October 27, 2025 1077 Views 0 comment Print

Karnataka HC ruled that an order giving effect to Tribunal directions passed after three-month limit under Section 153(5) is time-barred. Court upheld refund of ₹4.73 crore with interest under Sections 244A(1)(b) and 244A(1A).

Faceless Regime Prevails: Reassessment by Jurisdictional AO Held Void

October 27, 2025 1005 Views 0 comment Print

ITAT Delhi quashed a reassessment, ruling that jurisdictional AO lacked authority to issue a Section 148 notice after CBDT notification assigned exclusive power to NFAC under Section 151A. The key takeaway is that post-March 29, 2022, only NFAC can validly initiate reassessment proceedings under faceless regime.

Suspicion Cannot Replace Proof: ITAT Mumbai Quashes ₹5.10 Cr Demonetisation Addition

October 27, 2025 462 Views 0 comment Print

ITAT Mumbai deleted a ₹5.10 crore addition made under Section 69A for cash deposits during demonetisation, holding that once sales are recorded, audited, and taxed, further additions based on suspicion or third-party denials are unjustified.

Routine Group Support Not FTS or Royalty: ITAT Mumbai Grants ₹109.7 Cr Relief

October 27, 2025 624 Views 0 comment Print

ITAT Mumbai allowed a Rs.109.73 Cr relief, ruling that payments for centralized support services like HR and IT are not taxable as FTS or Royalty under India-Belgium DTAA. court held that these routine corporate activities lacked element of transferring technical knowledge or expertise.

Section 12A Mediation Not Mandatory in Ongoing IP Infringement: SC

October 27, 2025 4428 Views 0 comment Print

Supreme Court held that urgency in intellectual property infringement suits arises from continuing nature of wrong, not from how long infringement has persisted. Delay alone cannot bar exemption from pre-institution mediation under Section 12A. Court restored the suit, clarifying that each act of ongoing infringement creates a fresh cause of action.

Bank Can Act on Arbitral Order Without Court Execution: Karnataka HC

October 27, 2025 1899 Views 0 comment Print

The Karnataka High Court ruled that a bank is bound to comply with an Arbitral Tribunal’s order, such as freezing an account, without requiring separate execution proceedings. The key takeaway is that a bank’s compliance with a direct arbitral directive is lawful and not contingent on a civil court’s enforcement order.

Karnataka HC Upholds Arrest by ED in Online Betting & Money Laundering Case

October 27, 2025 1140 Views 0 comment Print

The Karnataka High Court affirmed the legality of an ED arrest made in Sikkim concerning a Bengaluru-registered money-laundering case. The ruling establishes that PMLA confers pan-India jurisdiction on the ED, making the geographical location of the arrest irrelevant if a valid ECIR exists.

Karnataka HC Upholds Full Pension Withdrawal for Ex-Manager Over ₹300 Crore Manual LoC Misconduct

October 27, 2025 501 Views 0 comment Print

Court upheld Canara Bank’s decision to permanently cut a retired Chief Manager’s pension for issuing an unauthorised ₹300 crore manual LoC, ruling that grave misconduct proceedings can continue post-retirement under Bank Regulations 43 and 45.

Anticipatory Bail Granted in Money Laundering Probe Since Predicate Case Still Under Investigation: Karnataka HC

October 27, 2025 2940 Views 0 comment Print

Karnataka High Court granted anticipatory bail in a PMLA case noting that the predicate offence was still under police investigation and the accused was already on regular bail, making further custodial interrogation unnecessary.

Arrest Without Following Arnesh Kumar Guidelines Invalid: Gauhati HC Grants Bail in GST Case

October 27, 2025 4704 Views 0 comment Print

The Gauhati High Court granted bail to Mukesh Agarwal, accused of Rs. 15.2 Cr GST evasion, ruling his arrest illegal. The DGGI failed to issue mandatory pre-arrest notice under BNSS (S. 41A CrPC equivalent), violating Supreme Court guidelines in Arnesh Kumar and Satender Kumar Antil, confirming procedural compliance is vital even under the special CGST Act.

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