TaxCorp Total Solution

HC : Rajasthan High Court Rules Reassessment Notices Issued by Jurisdictional Assessing Officer Invalid Under Section 151A, and Allows Fresh Notices by Faceless Assessing Officer

22-04-2025 (2025) TaxCorp(LJ) 35061 (HC)

HC : Gujarat HC Grants Assessee Relief for Filing Belated Return for AY 2020-21 Amidst COVID-19 Challenges

22-04-2025 (2025) TaxCorp(LJ) 35175 (SC)

SC : SC Upholds Punjab and Haryana HC Ruling: Quashes PCIT's Revision Order Under Section 263 - Affirms AO's Investigative Findings

21-04-2025 (2025) TaxCorp(LJ) 35172 (SC)

SC : Supreme Court Directs Authorities to Investigate Cash Transactions in Property Purchases Amidst Allegations of Black Money

21-04-2025 (2025) TaxCorp(LJ) 35173 (HC)

HC : Bombay High Court Emphasizes 'Forum Conveniens' in Declining Jurisdiction Over Kolkata Assessee's Petition

19-04-2025 (2025) TaxCorp(LJ) 35047 (HC)

HC : Bombay High Court Authorizes Assessee to Amend Petition for Comprehensive Resolution of Dispute

19-04-2025 (2025) TaxCorp(LJ) 35049 (ITAT)

ITAT : Mumbai ITAT Quashes Revisionary Jurisdiction, Upholds AO's Plausible View on Cash Deposits

19-04-2025 (2025) TaxCorp(LJ) 35165 (HC)

HC : Kerala High Court Overturns ITAT Decision: Assessee Not Precluded from Challenging Subsequent Proceedings Despite Not Contesting Sec. 263 Order

19-04-2025 (2025) TaxCorp(LJ) 35166 (HC)

HC : Kerala High Court Upholds Assessee's Right to Interest on Refund Due to Revenue's Delay

18-04-2025 (2025) TaxCorp(LJ) 35039 (ITAT)

ITAT : Delhi ITAT Invalidates Reassessment Orders for AYs 2013-14, 2016-17, and Assessment Order for AY 2018-19 Due to Nullified Tax Liabilities Post-IBC Resolution Plan Approval

18-04-2025 (2025) TaxCorp(LJ) 35040 (ITAT)

ITAT : Hyderabad ITAT Reaffirms Validity of Directors' Bonus Payments Under Section 36(1)(ii)

18-04-2025 (2025) TaxCorp(LJ) 35041 (ITAT)

ITAT : Cochin ITAT Rules Section 50 Inapplicable; Affirms Capital Gains Assessment Under Section 45(4)

18-04-2025 (2025) TaxCorp(LJ) 35042 (ITAT)

ITAT : Decision on Invalid Reassessment Due to Non-Compliance with Updated Provisions

18-04-2025 (2025) TaxCorp(LJ) 35046 (HC)

HC : Bombay High Court Disallows Assessee's Writ Petition, Emphasizes Availability of Statutory Appeal Under Section 253

17-04-2025 (2025) TaxCorp(LJ) 35036 (ITAT)

ITAT : Dilemma Over Claim Pay Out Provisions: Mumbai ITAT Clarifies Deduction Criteria

17-04-2025 (2025) TaxCorp(LJ) 35037 (ITAT)

ITAT : Bangalore ITAT Condones Over 1200 Days Delay for Appeal, Sets Terms for Rehearing by NFAC

17-04-2025 (2025) TaxCorp(LJ) 35038 (ITAT)

ITAT : Mumbai ITAT Rules in Favor of Growmore Leasing, Rejects Revenue's Dividend and Interest Additions

17-04-2025 (2025) TaxCorp(LJ) 35133 (HC)

HC : Bombay HC Upholds Claim for Depreciation in Amalgamated Company, Reverses ITAT Decision on Section 72A Compliance

17-04-2025 (2025) TaxCorp(LJ) 35156 (HC)

HC : Gujarat HC Validates Transfer of Tax Case to Central Authority for Coordinated Investigation of Related Entities

16-04-2025 (2025) TaxCorp(LJ) 35043 (HC)

HC : Jharkhand High Court Upholds Co-Ordinate Bench Ruling, Dismisses Review Petition by Jharkhand State Cricket Association

16-04-2025 (2025) TaxCorp(LJ) 35044 (HC)

HC : Bombay HC Denies Unconditional Stay on Tax Demand, Affirms Conditions Imposed by Tax Authorities

16-04-2025 (2025) TaxCorp(LJ) 35045 (HC)

HC : Bombay HC Strikes Down Reassessment Notice, Upholding Assessee's Disclosure of Material Facts in Section 10AA Deductions

16-04-2025 (2025) TaxCorp(LJ) 35053 (HC)

HC : HC Denies Interim Relief Due to Delayed Writ Petition and Substantive Response to Re-Assessment Notice

16-04-2025 (2025) TaxCorp(LJ) 35054 (HC)

HC : Delay in Seeking Judicial Intervention in Re-assessment Matters Leads to Denial of Interim Relief

16-04-2025 (2025) TaxCorp(LJ) 35055 (HC)

HC : Delayed Petitioning Affects Taxpayer’s Interim Relief in Bharti Axa Life Insurance Case

16-04-2025 (2025) TaxCorp(LJ) 35142 (SC)

SC : SC Upholds Rajasthan HC Ruling on Reassessment Process, Denies Assessee’s SLP

16-04-2025 (2025) TaxCorp(LJ) 35143 (SC)

SC : Supreme Court Upholds Madras High Court Ruling Denying Allowance of Cash Transactions Exceeding INR 10,000 Under Section 40A(3)

16-04-2025 (2025) TaxCorp(LJ) 35144 (SC)

SC : Supreme Court Upholds ITAT's Limited Remand for Investigation of Duty Drawback Claim by Maruti Suzuki India Ltd.

14-04-2025 (2025) TaxCorp(LJ) 35025 (ITAT)

ITAT : Jaipur ITAT Grants Assessee Access to Vivad Se Vishwas Scheme 2024 in Light of Revenue's Technical Glitches

22-04-2025 (2025) TaxCorp(IDT) 10433 (Customs)

CESTAT : CESTAT Delivers Ruling Against Safeguard Duty on Solar Imports Following Vacated Stay

22-04-2025 (2025) TaxCorp(IDT) 10456 (Service Tax)

CESTAT : CESTAT Rules Out CENVAT Credit for SAP Due to Unregistered Premises Usage

22-04-2025 (2025) TaxCorp(IDT) 10464 (VAT)

HC : Madras HC Rules Against CST and VAT on Imported Tin and Mercury Stored in FTWZ

22-04-2025 (2025) TaxCorp(IDT) 10592 (Customs)

CESTAT : Customs Duty Determination: CESTAT Rules on Rate Applicable at Port of Unloading

22-04-2025 (2025) TaxCorp(IDT) 10659 (Customs)

HC : Vedanta's Quest for Duty Drawback on Clean Environment Cess: Delhi HC Mandates Reasoned Order from CBIC

22-04-2025 (2025) TaxCorp(IDT) 10678 (Excise)

CESTAT : CESTAT Mumbai Overturns Central Excise Duty Demand on Captive Use of Aromatic Compounds for Agarbatti Production

22-04-2025 (2025) TaxCorp(IDT) 10683 (Excise)

HC : Jharkhand High Court Rules in Favor of Assessee, Invalidating Demand Due to Prolonged Delay in Adjudication Under Central Excise Act

22-04-2025 (2025) TaxCorp(IDT) 10706 (Excise)

CESTAT : CESTAT Chennai Upholds Assessee’s Classification of Pantographs Under CTH 8607, Rejects Department’s Corrigendum Reclassification

22-04-2025 (2025) TaxCorp(IDT) 10742 (GST)

AAR : Maharashtra AAR Declares Assignment of Leasehold Land to Hyundai Taxable Under GST, Stipulating 18% Rate

22-04-2025 (2025) TaxCorp(IDT) 10743 (GST)

AAR : AAR Determines Geometry Compass Box Supply as Mixed Supply Taxable at 18% GST

22-04-2025 (2025) TaxCorp(IDT) 10744 (GST)

AAR : Maharashtra AAR Rules Renting Residential Properties for Government Hostel Exempt from GST

22-04-2025 (2025) TaxCorp(IDT) 10751 (GST)

HC : Madras HC Dismisses Writ Petition on Triple Assessment Orders, Highlights Links to Non-Existent Dealers in Input Tax Credit Claims

21-04-2025 (2025) TaxCorp(IDT) 10726 (Service Tax)

CESTAT : Classification of Ash Filling and MGR Track Widening as Works Contract Against Revenue’s Classification as Maintenance Services

21-04-2025 (2025) TaxCorp(IDT) 10732 (Customs)

CESTAT : CESTAT Mumbai Overturns Customs Revaluation Order for Warehoused Stainless Steel Scrap, Reaffirms Export Principles

21-04-2025 (2025) TaxCorp(IDT) 10741 (GST)

HC : Telangana HC Invalidates GST Show Cause Notice, Upholding Principles of Natural Justice

21-04-2025 (2025) TaxCorp(IDT) 10796 (GST)

SC : Supreme Court Dismisses Revenue's Review Petition, Upholds Delhi High Court Ruling on Seizure Powers

21-04-2025 (2025) TaxCorp(IDT) 10800 (GST)

SC : Supreme Court Rules on Constraints of Proper Officer's Powers in Search Operations

21-04-2025 (2025) TaxCorp(IDT) 10806 (Customs)

SC : SC Upholds CESTAT's Validation of Reliance Industries' Naptha Exemption Under Advance Authorization Scheme

19-04-2025 (2025) TaxCorp(IDT) 10731 (GST)

HC : Challenging Penalty Proceedings: Andhra Pradesh HC Rules in Favor of DTDC in CGST Case

19-04-2025 (2025) TaxCorp(IDT) 10737 (GST)

HC : Jharkhand High Court Overturns Rejection of Coal Cess Refund for Steel Manufacturer, Citing Misinterpretation of CGST Framework

19-04-2025 (2025) TaxCorp(IDT) 10738 (GST)

HC : Ruling on Entitlement of Railway Contractors to ITC Benefits Upheld by Madras HC

19-04-2025 (2025) TaxCorp(IDT) 10739 (GST)

AAR : Maharashtra AAR Rules Canteen Services to Employees Are Taxable Supplies; Denies Input Tax Credit for Transportation Facilities

19-04-2025 (2025) TaxCorp(IDT) 10740 (GST)

AAR : Maharashtra AAR Determines Lear Automotive’s Employee Subsidies for Canteen and Transport Subject to GST, Blocks Input Tax Credit

18-04-2025 (2025) TaxCorp(IDT) 10734 (Excise)

HC : Court Overturns Retrospective Duty Demand on Apple Cider Manufacturer as Non-Compliant with Natural Justice Principles

18-04-2025 (2025) TaxCorp(IDT) 10735 (VAT)

HC : Allahabad HC Rules in Favor of United Spirits Ltd., Halting Entry Tax on IMFL for 2005

18-04-2025 (2025) TaxCorp(IDT) 10754 (GST)

HC : Kerala High Court Grants Interim Relief in GSTR Mismatch Dispute; Addresses Human Error in Tax Filings

18-04-2025 (2025) TaxCorp(IDT) 10763 (GST)

HC : Kerala High Court Upholds Mutuality Principle, Invalidates GST Taxation on IMA's Services to Members

18-04-2025 (2025) TaxCorp(IDT) 10771 (GST)

HC : Kerala High Court Clarifies Appellate Authority's Obligations Under CGST Act: Appeals Cannot Be Dismissed for Non-Appearance

18-04-2025 (2025) TaxCorp(IDT) 10772 (GST)

HC : Kerala High Court Denies Provisional Release of Seized Vehicle Transporting White Kerosene Due to Confiscation Orders and Document Deficiencies

18-04-2025 (2025) TaxCorp(IDT) 10789 (GST)

AAR : Maharashtra AAR Rules on GST Rate Consistency for Residential Projects Under Different Promoters

19-04-2025 (2025) TaxCorp (TP) 19095 (HC-GUJARAT)

Income tax - Sections 92CA - Assessee's Right to Hearing Before Case Transfer to TPO is Affirmed in ALP Determination Dispute - The Gujarat High Court's ruling underscores the critical importance of procedural fairness in tax assessments, particularly in relation to transfer pricing. Assessees must be afforded an opportunity to address any allegations of undisclosed international transactions before a referral is made to the TPO. This decision reinforces the principle of taxpayer rights, ensuring that all relevant information is considered prior to any significant tax implications. Going forward, taxpayers should ensure full transparency in their disclosures and maintain vigilant compliance with legal procedures to protect their interests.

19-04-2025 (2025) TaxCorp (TP) 19094 (HC-GUJARAT)

Income tax - Sections 254(2) - The High Court of Gujarat Upholds ITAT Decision Favoring Assessee in International Transaction Adjustment for Guarantee Fees - The High Court of Gujarat has conclusively indicated that no writ interference is necessary when the ITAT has appropriately decided on tax matters concerning guarantee fees paid to an AE. Assessees should remain aligned with established judicial precedents when filing appeals or objections, ensuring that their financial strategies are in accordance with prevailing legal standards. Active engagement with legal provisions ensures recognition of rights and minimizes unwarranted adjustments in tax liabilities.

19-04-2025 (2025) TaxCorp (INTL) 19093 (ITAT-MUMBAI)

Income Tax - Sections 139(1) - Foreign Tax Credit Dispute Resolved: ITAT Rules in Favor of Assessee After Delay in Appeal Led to Denial - In light of the ITAT's decision, taxpayers who find themselves in similar delayed appeal scenarios should prioritize reviewing their communication and filing protocols. Moving forward, it remains prudent for assessees to actively monitor their communication from tax authorities and ensure timely filings, particularly regarding documentation such as Form 67 to optimize tax benefits like the Foreign Tax Credit.

19-04-2025 (2025) TaxCorp (INTL) 19092 (ITAT-MUMBAI)

Income Tax - Sections 68, 148 - ITAT-Mumbai Declares Re-Assessment Invalid Due to Procedural Irregularities - This ruling serves as a significant reminder of the importance of adherence to procedural norms in tax assessments. The deficiencies identified in the reassessment procedure underscore the necessity for tax authorities to meticulously follow statutory requirements—especially those pertaining to the timing and process of documentation relating to reassessment notices. Taxpayers should ensure that they are vigilant about the procedural integrity of any notice or order received from tax authorities.

19-04-2025 (2025) TaxCorp (INTL) 19091 (ITAT-CHENNAI)

Income Tax - Sections 143(3), 147, 154, 191, 195, 271(1)(c) - Non-Disclosure of Short-Term Capital Gains Holds Taxpayer Liable for Penalty - The Tribunal's ruling serves as a reminder that taxpayers, even when relying on third parties for TDS compliance, must take proactive measures to ensure all income is accurately reported in their tax returns. Moving forward, it is crucial for taxpayers to diligently verify their financial transactions and maintain transparency in tax filings to avoid penalties and further complications with the tax authorities.

19-04-2025 (2025) TaxCorp (INTL) 19090 (ITAT-DELHI)

Income tax - Sections 144C - ITAT-Delhi Ruling Emphasizes Need for Factual Verification in Salary Taxation for Short-Term Assignments under India-Singapore DTAA - The decision underscores the necessity for the Assessing Officer to engage in a comprehensive factual verification when assessing claims for tax exemptions under international treaties. The explicit acknowledgment that mere payroll presence does not inherently negate claims of non-residency under treaty provisions is crucial. Taxpayers should ensure they provide substantive proof regarding their employment status and the actual economic employer, especially in international assignments.

19-04-2025 (2025) TaxCorp (INTL) 19089 (ITAT-CHENNAI)

USA Company Wins ITAT Appeal on Taxable Income, Secures Claim for Exempt Income and TDS Credit - The ITAT's decision emphasizes the critical importance of establishing whether the services provided under an agreement genuinely qualify under 'fees for included services' as defined by the relevant international treaties and domestic legislation. For companies engaged in cross-border transactions, particularly those without a permanent establishment in India, meticulous documentation of services rendered and appropriate alignment with DTAA provisions can safeguard against unanticipated tax liabilities.

19-04-2025 (2025) TaxCorp (TP) 19088 (ITAT-DELHI)

Income Tax - Section 143(3) - Persistent Systems Excluded as Comparable: ITAT Ruling on Functionality Discrepancy in Software Services Operations - In light of the Tribunal's decision to exclude Persistent Systems Ltd. from the list of comparables, it is imperative for taxpayers engaged in similar sectors to rigorously assess the functional profiles of potential comparables in their transfer pricing analyses. The findings underscore the necessity of substantiating functional alignments to avoid the pitfalls of including companies with significantly different operational scopes in benchmarking studies.

15-04-2025 (2025) TaxCorp (TP) 19087 (HC-DELHI)

Income Tax - Section 260A - Delhi High Court Clarifies Benchmarking Methodology for Solar Product Transactions Involving Warranty Claims - The Delhi High Court's ruling clarifies the distinction between the roles of a distributor and manufacturer in transfer pricing contexts, affirming that transactions should be assessed independently and without erroneous aggregation. Companies must ensure that their chosen transfer pricing methods accurately reflect their operational realities and that any inter-company agreements are carefully structured to outline disclaimers of value addition.

15-04-2025 (2025) TaxCorp (TP) 19086 (HC-BOMBAY)

Income Tax - Sections 92A, 92B, 92CA, 92D - High Court of Bombay on Transfer Pricing Guidelines Compliance - The High Court's decision calls for a renewed examination of the ALP determination process by the ITAT, aligning with the principles elucidated in the ruling from the Supreme Court. Thus, parties engaged in transfer pricing matters must ensure meticulous adherence to the statutory framework provided under the Income Tax Act and its corresponding rules to avoid inadequacies in compliance that could lead to unfavorable outcomes. The remand signifies that the argumentation surrounding merit remains viable, allowing for a careful re-exploration of the facts and circumstances underpinning the case.

15-04-2025 (2025) TaxCorp (INTL) 19085 (ITAT-DELHI)

Income tax - Sections 9(1)(vii), 115A - Taxation of Foreign Entity's Income Rejected; Dependency on Indian Agent Not Established - The ruling by the ITAT reinforces the protection granted under international tax treaties for foreign entities, especially regarding the characterization of income sources and the relevance of business establishments. To align with this decision, assessors should rigorously document their operational ties in foreign jurisdictions to prevent unnecessary taxation on integrated service contracts.

15-04-2025 (2025) TaxCorp (INTL) 19084 (ITAT-MUMBAI)

Income Tax - Sections 14A - Tribunal Affirms Exempt Income Classification and Resolves Transfer Pricing Disputes with Reference to Bi-lateral Agreements - The Tribunal's comprehensive review and resultant ruling signify proactive engagement with ongoing international tax agreements, specifically BAPA and MAP, providing assurance in transfer pricing assessments. Assessees should monitor transactions involving associated enterprises closely to confirm compliance with established arm's length principles. Moreover, it is essential to systematically document relevant transactions to facilitate resolutions concerning disallowances and pricing disagreements, thereby reducing the risk of adverse adjustments by tax authorities.

15-04-2025 (2025) TaxCorp (INTL) 19083 (ITAT-DELHI)

Income Tax - Sections 144C, 154 - Tribunal Decision on Dividend Distribution Tax and Foreign Tax Credits Reverse Denial for Assessees Amidst Litigation Provisions - The Tribunal's decision centralizes on the reassessment of litigation provisions and the applicability of the MFN clause concerning dividend withholding tax. For actionable insights, assessees facing similar implications should promptly file rectification requests under Section 154 where applicable, ensuring timely acknowledgement from tax authorities. This process can substantively enhance the likelihood of appropriate tax treatment and enhance recovery of overpayments, including excess DDT.

15-04-2025 (2025) TaxCorp (INTL) 19082 (ITAT-DELHI)

Income Tax - Sections 143(3), 144C - Foreign Airline Not Liable for Delivery Charges Taxation in India: ITAT Reverses Lower Authorities' Decision - In light of the Tribunal’s ruling, Turkish Airlines Inc. successfully established that the Delivery Order Charges should not be taxed in India, as they were integrally tied to the airline’s international air transport operations as per Article 8 of the India-Turkey DTAA. This decision underscores the necessity for foreign entities engaged in international trade to rigorously assess the tax implications of different revenue streams in the context of existing double taxation treaties. Businesses in similar situations should adopt a proactive approach to verify the classification of their income under relevant treaties to minimize taxation risks.

14-04-2025 (2025) TaxCorp (TP) 19081 (ITAT-AHMEDABAD)

Income Tax - Sections 10, 69, 144C, 147, 271(1)(c) - Tribunal Overturns Assessment Order on Unexplained Investment for Non-Resident Assessee for A.Y. 2015-16 - The Tribunal's ruling illustrates the importance of thorough and compelling evidence in establishing the source of funds for investments. It reinforces the notion that if adequate documentation and explanations are provided, the revenue authorities should not dismiss them lightly. As such, non-resident assessees must maintain comprehensive records and supporting documents to back their financial activities, particularly when it involves cross-border transactions. This decision serves as a precedent for claims regarding legitimate sources of income and reaffirms the need for the Assessing Officers to consider equitable interpretations of the law when evaluating documentation.

14-04-2025 (2025) TaxCorp (TP) 19080 (ITAT-MUMBAI)

ITAT-Mumbai Affirms Working Capital Adjustment for Red Hat India - The ITAT-Mumbai's decision in favor of allowing the working capital adjustment provides a clear pathway for the assessee to recalibrate its transfer pricing methodology in accordance with market practices. The ruling reinforces the premise that working capital management can significantly impact profit margins, and relevant adjustments are necessary to maintain an equitable basis for comparison. Entities engaged in similar operations should review their financial strategies to potentially optimize taxation outcomes under comparable circumstances.

14-04-2025 (2025) TaxCorp (TP) 19079 (ITAT-AHMEDABAD)

Income tax - Sections 9(1)(i), 92D, 271AA - ITAT-Ahmedabad Declares Penalty Unjustified for Non-Maintenance of Documents in International Transactions - The ITAT's ruling asserts that without clear evidence of documentation lapses related to international transactions by the TPO, penalty under section 271AA cannot be validly imposed. For M/s. Best Oasis Ltd. and similar entities, the decision underlines the importance of maintaining comprehensive documentation while ensuring that any penalty actions must be substantiated with specific findings of non-compliance.

09-04-2025 (2025) TaxCorp (TP) 19078 (SC)

Royalty Payments in Internal Combustion Engine Manufacturing: Supreme Court Reaffirms Approach to Transactional Net Margin Method - This decision underscores the adherence to the TNMM as a consistent approach in evaluating royalty payments linked to technology use across manufacturing operations involved in international trade. Assessees must ensure their pricing strategies align with accepted methodologies to mitigate disputes in transfer pricing evaluations.

09-04-2025 (2025) TaxCorp (INTL) 19077 (SC)

Supreme Court Weighs in on Treaty Shopping and Economic Substance in Income Tax Matters Involving Mauritius-based Firm - The Supreme Court's upcoming judgment will be pivotal in delineating the boundaries of tax residence and the legitimacy of using conduit companies in tax planning. Taxpayers should ensure that their business structures have genuine economic substance and that they can articulate this clearly in dealings with tax authorities to mitigate challenges regarding treaty benefits. Careful documentation and proof of substance over form will be critical in preserving their position under relevant DTAAs.

09-04-2025 (2025) TaxCorp (INTL) 19076 (HC-BOMBAY)

Income tax - Sections 92CA, 147, 148 - High Court of Bombay Strikes Down Reopening of Assessment on Grounds of AO's Lack of Independent Reasoning - The High Court's decision highlights the necessity for Assessing Officers to rigorously evaluate their findings and independently ascertain reasons before proceeding with income reassessment under Section 147. It is imperative for tax professionals to ensure that every initiation of reassessment has validated bearings on substantive evidence, detaching from any external pressures which could invalidate the legal standing of such proceedings.

06-09-2024 (2025) TaxCorp(CL) 30535 (CALCUTTA)

Court Upholds Rejection of Discharge in Company Property Case Amidst Contentions of Wrongful Retention - The decision to reject the discharge of the petitioner stands as legally sound and procedurally justified. The High Court’s refusal to intervene further emphasizes the necessity for a thorough investigation and presentation of evidence before any judicial conclusions can be drawn regarding the alleged wrongful retention of company property. Therefore, it necessitates that all parties engaged in similar disputes maintain a focus on the evidence and testimonies leading up to trials, thereby ensuring a robust legal approach to potential criminal liability.

25-03-2025 (2025) TaxCorp(CL) 30534 (DELHI)

High Court of Delhi Upholds Home-buyers' Rights in Greenopolis Project Dispute: Clear Distinction Between Proprietary Rights of 'O' and 'TCSPL' - The High Court's decision in this case serves as a significant precedent affirming the rights of home-buyers over completed projects notwithstanding the insolvency proceedings related to developmental entities like TCSPL. Developers are under clear obligations to deliver possession to eligible buyers upon the completion of construction, as long as they hold valid occupancy certificates. Home-buyers must proactively ensure that their transactions are executed with the correct entities to safeguard their interests in the face of potential insolvency disputes.

07-04-2025 (2025) TaxCorp(CL) 30533 (SC)

Supreme Court Upholds Principle of Finality in SEBI Disgorgement Orders - The Supreme Court's ruling decisively reinforces the tenets of finality and jurisdictional integrity in regulatory actions by SEBI. Stakeholders must recognize that once SEBI makes a final determination on a matter, particularly regarding penalties or disgorgement, it cannot unilaterally reopen that matter without a compelling justification. Consequently, firms should strategize their compliance and appeal mechanisms carefully to prevent the harsh consequences of regulatory overreach.

15-04-2025 (2025) TaxCorp(CL) 30532 (DELHI)

Delhi High Court Addresses Maintainability of Suit Under Companies Act - The Delhi High Court’s ruling underscores the imperative for plaintiffs alleging oppression or mismanagement to direct their grievances to the appropriate tribunal, i.e., NCLT, rather than attempting to utilize the Civil Court as a venue for dispute resolution in matters pertaining to company law. This decision emphasizes the necessity for assessees to meticulously assess jurisdictional issues before commencing litigation to avoid expenses and delays associated with inappropriate forums.

15-04-2025 (2025) TaxCorp(CL) 30531 (NCLT)

NCLAT Upholds Principles of Natural Justice: Rectification Orders Quashed Due to Lack of Audi Alteram Partem - The Tribunal's decision underscores the significance of upholding natural justice within legal proceedings, especially when rectifications involving the potential alteration of substantive rights are at play. Practitioners and companies must ensure that any applications for rectification strictly follow procedural rules and safeguard affected parties' rights to adequate notice and participation in proceedings. Going forward, legal representatives should closely examine order issuance processes to prevent similar transgressions and ensure compliance with natural justice principles.

10-03-2025 (2025) TaxCorp(CL) 30530 (NCLT)

Section 59 of the Companies Act, 2013 - Legal Crux in a Dispute Among Promoter-Directors: NCLT Orders Rectification of Share Register - The Tribunal’s decision underscores the necessity for proper corporate governance and adherence to procedural guidelines laid out in the Companies Act, 2013. It reinforces the importance of active participation and transparent dealings among promoter-directors. As such, a conclusion can be drawn that strict compliance with share transfer protocols and Board approval is crucial to uphold corporate integrity.

31-01-2025 (2025) TaxCorp(CL) 30529 (NCLT)

Time-barred Appeal Dismissed: NCLT Rules on Shareholding Dispute Over 100 Equity Shares - The NCLT ruled that the Appellant's appeal was time-barred, having been filed beyond the prescribed three-year limitation period under Article 137 of the Limitation Act, 1963. Stakeholders in corporate governance must be vigilant in their claims related to shareholding and act promptly to secure their interests.

24-02-2025 (2025) TaxCorp(CL) 30528 (NCLT)

Section 58 of the Companies Act, 2013 - NCLT Orders Restoration of Shareholders' Rights and Rectification of Register in Equity Dispute - In light of the NCLT's ruling, it is evident that companies must rigorously document all share transfers and comply with statutory directives regarding shareholder rights. The decision reinforces the necessity of transparent operations within corporate governance, ensuring that equity holders can effectively exercise their rights.

10-03-2025 (2025) TaxCorp(CL) 30527 (NCLT)

Section 241 of the Companies Act, 2013 - Legal Crux in Share Buy-Back Controversy of Company ‘M’ : Tribunal Finds No Oppression or Mismanagement - In conclusion, the Tribunal's decision reflects an adherence to procedural due diligence and a commitment to uphold corporate governance standards mandated by the Companies Act. The petitioner’s failure to act within the prescribed statutory limits and the absence of substantial evidence to support his claims resulted in the dismissal of the petition. Hence, it serves as a cautionary tale for shareholders about the necessity of prompt action and substantiation of claims when addressing issues of corporate governance.

31-01-2025 (2025) TaxCorp(CL) 30526 (NCLT)

Section 59 of the Companies Act, 2013 - Limitation Period Precludes Rectification of Shareholder Register in NCLT Decision - The decision by the NCLT underscores the imperative for shareholders and potential claimants to remain vigilant regarding their rights. In this instance, the lapse in pursuing the rectification of the shareholder register within the legally prescribed timeframe resulted in the rejection of the appellant's claims. Shareholders must actively monitor company records and initiate grievances promptly to safeguard their interests.

09-04-2025 (2025) TaxCorp(CL) 30525 (NCLT)

Violation of Natural Justice Highlighted in Impleadment Application Ruling - The NCLAT ruling effectively concludes that the procedural order in question serves merely as an administrative facet in the overarching Company Petition, and highlights the importance of adhering to procedural requirements and timelines in legal proceedings. The absence of a challenge to the substantive order dated 18.12.2024 diminishes the appellant's standing to object to the subsequent procedural orders. Henceforth, assessees must ensure timely and thorough compliance with all orders to retain standing in ongoing proceedings.

21-08-2024 (2025) TaxCorp(CL) 30524 (NCLT)

Legal Validation of ICICI Securities’ Scheme of Arrangement Upholds Shareholder Voting - The NCLT's decision to dismiss the applicants' challenges reinforces the importance of adhering to regulatory frameworks designed to protect shareholder interests while allowing structured arrangements between holding and subsidiary companies. The ruling confirms that prescribed voting mechanisms under SEBI regulations must be strictly observed and validated when assessing corporate restructurings. As a result, stakeholders should ensure rigorous compliance with legal requirements in future strategic arrangements to avoid protracted legal disputes.

27-03-2025 (2025) TaxCorp(CL) 30523 (CALCUTTA)

Court Ruling Highlights Discretionary Power of Tax Recovery Officers in Auction Forfeitures - In light of this ruling, it is actionable for the authorities to re-assess circumstances surrounding forfeitures judiciously, adhering to the mandatory provision of affording a hearing to affected parties. This case illustrates that proactive engagement by tax officers could yield equitable outcomes, prioritizing nuanced, justified forfeiture over automatic dispossession.

18-03-2025 (2025) TaxCorp(CL) 30522 (NCLT)

Section 241 of the Companies Act, 2013 - Legal Dispute Regarding Oppression and Mismanagement Leads to Dismissal of Petition in NCLT Mumbai - In light of the findings, the Tribunal dismissed the petition on the grounds of the petitioner's suppression of facts and misstatement. This ruling underscores the importance of full disclosure in legal proceedings, particularly in cases alleging oppression and mismanagement where both factual and documentary evidence play a crucial role in substantiating claims. Consequently, it is imperative for parties wishing to seek redress under Sections 241 and 242 of the Companies Act to ensure transparency and accuracy in their assertions, as any failure to disclose critical information may severely undermine their case.

09-04-2025 (2025) TaxCorp(CL) 30521 (SC)

Supreme Court Reverses High Court's Grant of Anticipatory Bail in Major Economic Offence Case - The Supreme Court has decisively concluded that the High Court's orders granting anticipatory bail lacked adherence to the mandatory provisions of Section 212(6) of the Companies Act and are legally untenable. This highlights the crucial need for courts to enforce compliance with legal mandates concerning economic offences, thus preserving the integrity of the judicial process. Practitioners are advised to ensure that bail applications in such contexts are substantiated with full acknowledgment of the legal framework and prior judicial proceedings.

07-04-2025 (2025) TaxCorp(CL) 30520 (NCLT)

NCLAT Affirms Investigation Against Company After Natural Justice Principles Found Satisfied - The NCLAT's decision underscores the adequacy of natural justice in the context of the ongoing investigation into the appellant company. This ruling affirms the importance of allowing investigative processes to run their course without premature judicial intervention, ensuring that appropriate legal defenses remain accessible to the affected parties.

07-04-2025 (2025) TaxCorp(CL) 30519 (NCLT)

NCLAT Denies Appeal Against Interim AGM Order - The NCLAT’s dismissal of the appeal against the interlocutory order suggests a clear endorsement of the Tribunal’s discretion in managing procedural matters. Stakeholders must recognize that interim orders, while crucial in shaping proceedings, do not establish binding precedents, especially when they are specifically tailored to the facts of each case. Hence, the emphasis on case-specific analysis with regard to interim reliefs is paramount for effective legal recourse.

10-03-2025 (2025) TaxCorp(CL) 30518 (NCLT)

Section 241 of the Companies Act, 2013 - Tribunal Rules on Shareholder Oppression in Property Transfer Dispute - The Tribunal's ruling in this case reiterates the importance of maintaining corporate governance standards, particularly with respect to shareholder rights. It underscores that any significant transactions impacting company assets must adhere to established protocols of board and shareholder approval. Stakeholders must ensure that all decisions align with statutory requirements to prevent instances of oppression and mismanagement, as underscored by this decision.

25-02-2025 (2025) TaxCorp(CL) 30517 (NCLT)

Sections 213, 241, 242 of the Companies Act, 2013 - Court Rules Against Former Director in Petition for Investigative Relief Amidst Allegations of Mismanagement - The decision of the National Company Law Tribunal embodies a crucial precedent in the interplay between directorial responsibilities and corporate governance. It underscores the importance of a director’s involvement in decision-making processes, especially when seeking relief post-tenure. This ruling suggests that potential litigants must prepare to substantiate claims with documented evidence to establish grounds for further investigation, particularly in scenarios involving financial mismanagement or allegations of impropriety.

03-03-2025 (2025) TaxCorp(CL) 30516 (NCLT)

Sections 241, 242, of the Companies Act, 2013 - Legal Decision on Oppression and Mismanagement: Tribunal Rules in Favor of Promoter Claiming Shareholding Manipulation - The tribunal's decision underscores the necessity for all shareholders and directors to adhere strictly to procedural requirements set by the Companies Act, particularly concerning share transfers. This case serves as a pivotal reminder that any manipulation of shareholding, especially unauthorized transfers, will not only lead to legal repercussions but may also influence the operational integrity of the company. Therefore, it is imperative for shareholders to remain vigilant and ensure compliance with all statutory obligations to safeguard their interests.

07-03-2025 (2025) TaxCorp(CL) 30515 (NCLT)

Section 59 of the Companies Act, 2013 - Employment Agreement Dispute on Sweat Equity Claims Results in Dismissal of Rectification Application by National Company Law Tribunal, Hyderabad - In light of the Tribunal's decision, stakeholders must recognize the importance of maintaining rigorous documentation and evidence when asserting claims based on employment agreements, particularly in contexts involving equity shares. Future claimants should duly ensure that all contractual terms are not only articulated but also acted upon visibly, with supporting documentation to reinforce their positions. Consequently, companies should maintain comprehensive records of employment agreements and related correspondence to mitigate potential disputes regarding entitlements to shares.

04-04-2025 (2025) TaxCorp(CL) 30514 (AP)

High Court Quashes Criminal Proceedings Against Companies Over Alleged Deposits in Property Sales - The High Court conclusively quashed the criminal proceedings against the petitioners, asserting that the complaints failed to establish any valid offense under the Companies Act and were largely motivated by personal animosity. This decision serves as a critical precedent affirming the efficacy of judicial oversight to prevent the misuse of criminal complaints, particularly where genuine business activities are alleged to be misconstrued.

08-04-2025 (2025) TaxCorp(CL) 30513 (NCLT)

Appellant's Recall Application Dismissed for Lack of Locus Standi in NCLT Proceedings - In conclusion, the NCLAT has firmly upheld the principle of locus standi in legal proceedings, affirming that the appellant's lack of involvement in the NCLT’s original proceedings precludes her from challenging the validity of the order dated December 15, 2023. This decision reinforces the legal precedent that only parties directly engaged in a case have the right to contest the outcomes of judicial determinations. Therefore, future applications for recall must ensure that the applicant holds relevant standing within the context of the original proceedings to be considered actionable.

03-04-2025 (2025) TaxCorp(CL) 30512 (NCLT)

NCLAT Upholds Validity of Selective Capital Reduction Under Section 66 of Companies Act, Affirming Minority Shareholder Ousting - The NCLAT decisively concluded that the reduction of capital by BTL was executed in accordance with Section 66 of the Companies Act, 2013; the selective capital reduction was justified, and minority shareholders could be compelled to exit their holdings through majority resolution. E&Y's share valuation was found to align with regulatory practices while the DLOM was deemed valid. Thus, minority shareholders were not entitled to a control premium, and procedural disclosures were satisfied without infringing on their rights.

22-07-2024 (2025) TaxCorp(CL) 30511 (NCLT)

Sections 212, 223 of the Companies Act, 2013 - NCLT Rules SFIO Investigation Report Admissible in Civil Proceedings for IL&FS Fraud Case - The ruling imparted by the NCLT signifies an important precedent emphasizing the admissibility of SFIO investigation reports in civil proceedings irrespective of concurrent criminal lawsuits. This decision is particularly actionable as it underlines that companies facing allegations of fraud can effectively utilize findings from SFIO investigations for civil remedies without the reports compromising the integrity of related criminal cases.

21-03-2025 (2025) TaxCorp(CL) 30510 (BOMBAY)

High Court Declines Validation of Sale Agreement Due to Stamp Duty Default in Liquidation Case - The ruling by the Bombay High Court clarifies the non-negotiable nature of statutory obligations accompanying sale agreements in the context of liquidation. The failure of the applicant to timely pay stamp duty and register the sale results in an inability to invoke protective provisions of law for enforcing contractual obligations. Future applicants seeking validation of such agreements should ensure complete compliance with all registration requirements and seek clarity on any statutory obligations before entering into agreements involving entities in liquidation.

14-02-2025 (2025) TaxCorp(CL) 30509 (NCLT)

Sections 59, 58, of the Companies Act, 2013 - NCLT Dismisses Appeal for Rectification of Register of Members Due to Lack of Concrete Evidence and Contradictory Claims - Based on the discernments reflected in the NCLT ruling, it is crucial for potential shareholders to maintain rigorous and well-documented evidence of any claimed investments in a company. In situations similar to that of the appellant, stakeholders must ensure that claims for rectification of shareholder records are anchored in concrete financial evidence consistent with statutory requirements. As such:

Future applicants must be diligent in maintaining transparent transaction records and provide compelling evidence for any designated claims.
It is advisable to engage in formal consultations and legal advisements on share purchase agreements to mitigate the risk of disputes arising from unclear investment assertions.

28-03-2025 (2025) TaxCorp(CL) 30508 (CALCUTTA)

Legal Crux of Calcutta High Court Ruling on the Non-Disclosure of Specified Bank Notes in Financial Statements - This ruling is a pivotal reminder that procedural adherence in the initiation of legal actions under the Companies Act is paramount. It underscores the necessity for complainants, particularly in corporate governance issues, to operate within the specific statutory requisites. Organizations must ensure full compliance with disclosure norms in their financial statements to avoid legal ramifications. Moreover, the ruling serves as guidance to directors and officers regarding their accountability, reinforcing that non-compliance may attract serious penalties, thereby necessitating a proactive approach to corporate governance.

11-03-2025 (2025) TaxCorp(CL) 30507 (DELHI)

Legal Crux of High Court Decision: Appeal Dismissed for Delay in Challenging SEBI Penalty - In light of this decision, it is imperative for parties facing penalties under the SEBI Act to meticulously observe appeal timelines and be aware of the strict enforcement of limitation periods. Parties should ensure the presence of legal grounds that not only merit an appeal but also conform to the procedural imperatives established by the relevant statutory framework. Engaging legal counsel to navigate these complexities efficiently can be the determining factor in protecting one’s rights against regulatory actions.

11-03-2025 (2025) TaxCorp(CL) 30506 (DELHI)

Delhi High Court Upholds Statutory Procedures in Revocation of Struck-off Company; Directs Compliance by Registrar - The Delhi High Court's decision reinforces the doctrine of compliance with statutory processes as mandated by the Companies Act, 2013. Companies and their registrars must be vigilant in adhering to the stipulated timelines for actions concerning the status of registration. It is actionable for stakeholders to ensure they are comprehensively informed about these timelines and adhere strictly to the revival protocols to avoid administrative complications.

17-01-2025 (2025) TaxCorp(IDT) 135976 (CESTAT-KOLKATA)

Legal Crux of CESTAT Kolkata's Ruling on Duty Calculation under Tobacco Packing Rules - The CESTAT's ruling confirms that the appellant's duty calculation under the 4th Proviso to Rule 9 of the Chewing Tobacco Packing Machines duty rules is correct. The Tribunal acknowledges the abatement entitlement for the non-production period between 15.03.2012 and 31.03.2012, and clarifies that any enhanced duty rate effective from 17.03.2012 is not applicable due to the discontinuation of production before this date. Thus, the actionable conclusion is clear: The appellant is not liable for the enhanced duty demand confirmed as per the incorrect calculations of the lower authority, thereby reinforcing proper duty assessment principles.

10-01-2025 (2025) TaxCorp(IDT) 135975 (CESTAT-KOLKATA)

CENVAT Credit Validated by CESTAT Kolkata: Railway Receipts Continue to Hold Weight Despite Rule Changes - The CESTAT's ruling reinforces the legitimacy of CENVAT Credit claims made on the basis of railway receipts, offering clear guidance for future claims under similar circumstances. This ruling elucidates the interpretation of documentation under amended CENVAT provisions, ensuring that the transport sector, particularly utilizing Indian Railways, can rely on comprehensive and widely accepted forms of documentation in their financial accounting practices. To fortify compliance, assessees should ensure their railway receipts are complete and comply with the necessary details as outlined in Rule 9 of the CENVAT Credit Rules, 2004.

19-11-2024 (2025) TaxCorp(IDT) 135974 (CESTAT-BANGALORE)

CESTAT Upholds CENVAT Credit for 100% EOU - In light of this ruling, it becomes evident that registered entities operating under the regime of CENVAT credits should maintain diligent records of eligible services and inputs procured. Timely and accurate claim submissions improve the likelihood of approvals, preserving cash flows essential for operational sustainability. Stakeholders must be vigilant in adhering to procedural requirements and appropriate documentation to mitigate any risks of disallowance.

19-11-2024 (2025) TaxCorp(IDT) 135973 (CESTAT-BANGALORE)

CESTAT Rules on Admissibility of Cenvat Credit for Processes on Duty-Paid M.S. Plates - The Tribunal's ruling reaffirms the permissiveness of claiming Cenvat credit on duty-paid inputs, subjected to processing. Given that the original duty status has been solidly affirmed, businesses must ensure that they maintain comprehensive records of duty payments and processing activities to facilitate seamless credit claims. For tax management, firms must diligently monitor inter-unit transactions to curtail the risks of denial of credits in light of procedural claims raised by different units.

27-02-2025 (2025) TaxCorp(IDT) 135972 (CESTAT-KOLKATA)

Denial of Notification Benefit Reversed: CESTAT Grants Amendment Under Customs Act - The ruling of CESTAT signifies a pivotal affirmation of taxpayers' rights to amend Bills of Entry under the provisions of the Customs Act, where earlier assessments remain unchallenged. Tax professionals and importers must take note of this decision to facilitate the successful claiming of notification benefits without the requisite procedural contestation that has been previously seen as mandatory.

17-02-2025 (2025) TaxCorp(IDT) 135971 (CESTAT-MUMBAI)

Royalty Payments Excluded from Assessable Value of Imported Goods for Duty Calculation - The conclusion drawn from the CESTAT's ruling firmly states that royalty payments must not be included in the assessable value of imported goods for customs duty computation. Based on the majority ruling, the decision overturns the prior order and grants favor to the appellants.

27-03-2025 (2025) TaxCorp(IDT) 135970 (SESSIONS COURT KARNAL)

Bail Denied in Gold Smuggling Case Amidst Legal Compliance Concerns - In light of the findings regarding the procedural integrity of the search and seizure operations coupled with the potential ramifications of granting bail, the regular bail petition by the petitioner is hereby denied. The denial serves not only to uphold the judicial process but also to reinforce public confidence in law enforcement efforts aimed at combatting smuggling operations.

08-04-2025 (2025) TaxCorp(IDT) 135969 (SC)

Supreme Court Denies Relief for 588-Day Delay in Filing Appeals Against Imported Goods Classification - The decision rendered by the Supreme Court serves as a testament to the need for timely legal action in matters concerning imported goods classification. Delay in filing appeals, particularly for as long as 588 days, without sufficiently cogent explanations, undermines the integrity of the judicial process and conveys a lack of diligence on the part of the petitioners. Assessees must recognize that vigilance in adhering to filing timelines is critical and delays may compromise potential outcomes.

09-04-2025 (2025) TaxCorp(IDT) 135968 (HC-BOMBAY)

Bombay High Court Rules on Imposition of Interest and Penalties under IGST in Customs Tariff Act - In light of the aforementioned findings, it is concluded that:

The provisions outlined in Circular No. 16 of 2023-Customs (dated 7th June 2023) which sought to impose interest on IGST payments are invalid;
The impugned Order dated 1st August 2024, which attempted to levy interest, impose penalties, and confiscate goods, is quashed;
The amendments to Section 3(12) are explicitly prospective and shall only be effective from 16th August 2024, thus emphasizing a clear understanding of the legal obligations post-amendment.

13-03-2025 (2025) TaxCorp(IDT) 135967 (HC-GAUHATI)

Legal Crux of the Recovery Notice Dispute Addressed by Gauhati High Court - The Gauhati High Court's ruling affirms the petitioner’s right to seek a reconsideration of the special rate/value addition application before the Principal Commissioner. This judgment provides a clear procedural pathway for the petitioner to rectify the misdirection of the application. Consequently, it necessitates prompt action from the petitioner in filing the application, thereby enabling the potential recovery of the erroneously refunded amount contingent upon the outcome of said application.

09-04-2025 (2025) TaxCorp(IDT) 135966 (CESTAT-CHANDIGARH)

CESTAT Reinstates Appeal Following Procedural Lapse in Time Bar Rejection - The Tribunal's decision signifies a critical instruction for procedural adherence in matters concerning timelines for appeals. This ruling not only emphasizes the necessity for comprehensive record-keeping and proof of submissions but also affirms that delays stemming from administrative processes may warrant reconsideration in the assessment of an appeal's timeliness. The matter's remand stipulates that the Commissioner must address the limitation issue comprehensively, ensuring fairness in the legal process. Assessees are advised to maintain meticulous documentation when filing appeals to mitigate risks associated with potential procedural oversights.

03-04-2025 (2025) TaxCorp(IDT) 135965 (CESTAT-KOLKATA)

CESTAT Kolkata Overturns Appeal Dismissal Over CENVAT Credit on Improper Grounds - This decision by the CESTAT underscores a critical principle in the realm of CENVAT credit: the integrity of the assessment process must stay within the parameters set by the Show Cause Notice. Therefore, Appellants should ensure that their documentation and evidence in support of CENVAT credit claims are robust and directly aligned with the initial allegations to avoid unnecessary dismissal based on grounds that exceed the defined scope. Moving forward, parties engaged in similar proceedings must be vigilant about the necessity to produce relevant supporting evidence during assessments and challenge any departures from procedural norms that can compromise their appeals.

26-02-2025 (2025) TaxCorp(IDT) 135964 (CESTAT-BANGALORE)

Commissioner’s Denial of CENVAT Credit on DEPB Scrips Rejected by CESTAT Bangalore: Legal Precedents Affirm Duty-Paid Status - In conclusion, it is crucial for assessees involved in similar transactional frameworks to recognize that, according to the prevailing legal interpretations, goods qualified under the DEPB scheme retain their status as duty-paid goods, allowing for valid CENVAT credit claims. Furthermore, when invoking extended periods of limitation, sufficient evidence of fact suppression must be established, failing which, such claims will not withstand scrutiny. Assessees should meticulously document all corresponding duty payments and align their filings with the established judicial precedents to safeguard against unwarranted credit denials.

09-04-2025 (2025) TaxCorp(IDT) 135963 (CESTAT-AHMEDABAD)

Classification Dispute Regarding Imported Copper Rods – Implications of Certification Errors and Limitation Periods - The findings of the CESTAT Ahmedabad reinforce the necessity for accurate classification of imported goods based on their actual form as defined by existing laws. Stakeholders must ensure that all documentation—especially COO and Bills of Entry—are thoroughly vetted to avoid misclassification and potential penalties. Firms involved in international trade should adopt rigorous procedures to ensure transparent reporting of goods to avoid implications of suppression of facts.

09-04-2025 (2025) TaxCorp(IDT) 135962 (CESTAT-NEW DELHI)

Revocation of Customs Broker License Rejected; Security Deposit Forfeiture and Penalty Reduced - The CESTAT ruling underscores that revocation of a Customs Broker license and forfeiture of security deposits should not be levied lightly, especially where lack of direct collusion or clear evidence of wrongful conduct exists. The assertion that the CB cannot be held accountable for the misdeeds of exporters, as long as regulatory compliance is observed, forms a crucial precedent. The reversal on the license revocation and security deposit forfeiture substantiates the necessity of robust evidence in regulatory enforcement actions.

08-05-2025 (2025) TaxCorp(IDT) 135961 (CESTAT-AHMEDABAD)

CESTAT Ahmedabad Decides on Importer Status Under Customs Act Amidst Disputed Exports and Expired Goods - In light of the current decision, it becomes imperative for importers to meticulously review their transaction histories, particularly when engaging in exports that could lead to complications. Explicit documentation proving knowledge (or lack thereof) regarding the status of goods is paramount. Importers should adopt stringent compliance measures to ensure they are aware of the regulatory stipulations associated with different ports and the nature of the products being imported. It is advised that importers correct their standing through proactive communication with authorities to clarify any ambiguities prior to shipment.

11-03-2025 (2025) TaxCorp(IDT) 135960 (CESTAT-MUMBAI)

CESTAT Mumbai Rescinds Previous Order on FTP Violations, Calls for Re-examination of SHIS and EPCG Benefits - The CESTAT Mumbai’s ruling effectively opens the door for a renewed analysis of the applicability of the SHIS and EPCG benefits, ensuring that the provisions of the FTP are interpreted consistently and fairly. The decision emphasizes the need for original authorities to weigh all relevant policy implications thoroughly. For stakeholders, it is crucial to engage with this evolving framework, ensuring compliance and optimizing benefit claims under existing schemes.

31-01-2025 (2025) TaxCorp(IDT) 135959 (CESTAT-BANGALORE)

Legal Ruling Clarifies CENVAT Credit Eligibility for Steel Items in Sugar Manufacturing - The legal determination drawn from this case underscores two vital conclusions:

The steel items integral to the construction and support of manufacturing equipment qualify as capital goods eligible for CENVAT credit, thereby allowing entities in similar sectors to claim rightful credit based on established precedents.
The tribunal's position on the extended period of limitation should serve as a cautionary tale for tax authorities, emphasizing the importance of substantiating claims of conduct justifying such an extension.
Going forward, businesses involved in sugar manufacturing or similar sectors should reassess their capital goods and materials used in production within the context of CENVAT eligibility, ensuring compliance and maximizing credit claims.

28-01-2025 (2025) TaxCorp(IDT) 135958 (CESTAT-BANGALORE)

CENVAT Credit Dispute Resolved: CESTAT Bangalore Rules Against Improper Reversal Demand - The CESTAT's decision unequivocally establishes that demands for the reversal of CENVAT credit must be well-founded with specific evidence of the assessees' missteps. The tribunal reaffirmed that taxpayers who demonstrate adherence to CENVAT credit reversal mandates, particularly under complexities involving exempt services, cannot be subjected to unjustified penalties or extended limitation periods. Therefore, businesses should ensure accurate documentation and compliance with the procedural framework to safeguard against unwarranted demands.

27-01-2025 (2025) TaxCorp(IDT) 135957 (CESTAT-BANGALORE)

CESTAT Bangalore Rules on Excise Duty for Installation Works - The decision clarifies that the installation of structural works such as glazing and office interiors does not fall within the ambit of "manufacture" as per the Central Excise Act. Consequently, businesses engaging in similar activities should evaluate their classifications carefully. No excise duty, interest, or penalties should be levied on these installations, as they are components of immovable property rather than standalone, marketable goods.

16-01-2025 (2025) TaxCorp(IDT) 135956 (CESTAT-KOLKATA)

CESTAT Rules for Exemption of Intermediate Products in Manufacturing Process - The tribunal's ruling asserts that the appellant possesses the right to claim CENVAT credit corresponding to inputs utilized in the manufacturing of exempted intermediate products that are subsequently employed in producing dutiable final goods. Consequently, the demand against the appellant has been annulled due to the inapplicability of the extended period of limitation, reinforcing the principles around proper credit availment.

21-03-2025 (2025) TaxCorp(IDT) 135955 (HC-MADRAS)

Madras High Court Upholds Mandatory Timelines for Issuance of Show Cause Notices under Customs Brokers Licensing Regulations - The Madras High Court decisively quashed the impugned show cause notice and inquiry report, affirming the necessity for strict adherence to the timelines outlined in Regulation 17(5) and (7) of the CBLR, 2018. All involved parties should take immediate note of this ruling to ensure compliance with regulatory timelines, as failure to do so can lead to the invalidation of enforcement actions taken beyond the set time limits.

09-04-2025 (2025) TaxCorp(IDT) 135954 (CESTAT-NEW DELHI)

CESTAT New Delhi Overturns Customs Duty Reassessment Amid Claims of Misvaluation - Based on the current ruling, it is crucial for stakeholders engaged in the export-import sector to meticulously ensure that their declared values are accurate and justified in line with the transaction value principles laid out in Section 14 of the Customs Act and the relevant Customs Valuation Rules. Companies should maintain thorough documentation of their transaction values to reinforce their compliance during customs assessments and mitigate risks of penalties or confiscations stemming from misvaluations.

08-04-2025 (2025) TaxCorp(IDT) 135953 (CESTAT-HYDERABAD)

Carbon and Sulphur Analyzer CS-800 Not Classifiable Under CTH 90271000 as Gas Analysis Apparatus - The CESTAT concluded that the Carbon and Sulphur Analyzer CS-800 is inappropriately classified under CTH 90271000, as its primary function entails measuring the elemental content in solid samples rather than analyzing gaseous substances. The Tribunal ruled that the appellant could challenge the classification regardless of its previous compliance, thus allowing the appeal and setting aside the prior decision made by the Commissioner (Appeals).

08-04-2025 (2025) TaxCorp(IDT) 135952 (CESTAT-MUMBAI)

Legal Proceedings on Customs Broker License Revocation: Timelines Breached but Penalty Imposed - The decision made by CESTAT establishes that timelines as indicated in the Customs Broker Licensing Regulations, 2018, are not strictly mandatory but rather directory. The licensing authority’s failure to justify any delays combined with the lack of accountability assigned to the customs broker for such delays renders the revocation order unsustainable. For actionable purposes, customs brokers should ensure rigorous compliance with procedural timelines and maintain comprehensive records of correspondence with regulatory authorities to support their position in the event of procedural queries.

15-01-2025 (2025) TaxCorp(IDT) 135951 (CESTAT-KOLKATA)

Legal Crux on Valuation Method for Inter-Unit Transfers Upheld by CESTAT Kolkata - In summary, CESTAT's ruling emphasized the adherence to precedents set forth in prior judgments regarding valuation methods for inter-unit transfers. It affirmed the applicability of the principle of revenue neutrality which positions the appellant's method as legally justified, ultimately rendering the imposition of the differential duty impractical. Companies engaging in similar practices should take heed of these legal confirmations to ensure compliance and safeguard against unwarranted duty demands.

15-01-2025 (2025) TaxCorp(IDT) 135950 (CESTAT-KOLKATA)

CESTAT Kolkata Affirms No Recovery of Excess CENVAT Refund Post Retrospective Amendments: Clarifies Utilization Timeline - The determination made by the CESTAT establishes that where accumulated CENVAT credits have been utilized within the relevant timelines following the retrospective amendments, any attempts to recover such credits based on perceived excess claims are negated. Taxpayers should take heed of verification against accumulated credits against historical filings to ensure compliance while securing legitimate refunds.

01-04-2025 (2025) TaxCorp(IDT) 135949 (SESSIONS COURT KARNAL)

Bail Cancellation Application Denied Amidst Prolonged Detention in Gold Smuggling Case - In alignment with the observations made, the application for the cancellation of bail is rejected as there were neither supervening circumstances nor any breaches of bail conditions evidenced. The respondent's prolonged detention prior to bail supports the decision, indicating the necessity for rigorous adherence to investigation timelines and bail rights under the law.

04-04-2025 (2025) TaxCorp(IDT) 135948 (HC-DELHI)

Delhi High Court Mandates Customs Department to Release Gold or Process Refund Following Protracted Delays - The recent ruling by the Delhi High Court underscores the critical importance of prompt action by customs authorities in resolving refund claims. The court's directive to act within a strict timeline serves as a clear reminder that failure to adhere to administrative orders can result in significant legal consequences. It is prudent for assessees to proactively monitor their customs and refund claims, ensuring compliance and timely follow-ups to prevent similar delays.

27-03-2025 (2025) TaxCorp(IDT) 135947 (CESTAT-MUMBAI)

CESTAT Mumbai Affirms Non-Applicability of Central Excise Duty on Packing and Labeling of Tyre ‘O’ Rings - In light of the Tribunal's decision, the appellants are conclusively determined to be exempt from paying central excise duty on the Tyre ‘O’ rings when merely packed and labeled. It is essential for businesses involved in similar activities to carefully evaluate their manufacturing processes against the definitions provided under the Central Excise Act and ensure that no processes are misclassified that may attract unwarranted excise duties.

Direct Tax

17-04-2025 NOTIFICATION NO. 33/2025

Central Government approves ‘KIMS Foundation and Research Centre’ Hyderabad, under the category of ‘University, college or other institution’ for the purposes of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961

17-04-2025 NOTIFICATION NO. 34/2025

Zero Coupon Bond - Specified bond notified u/s 2(48) of the Income-tax Act, 1961

08-04-2025 NOTIFICATION NO. 32/2025

Central Government notifies the last date of the Direct Tax Vivad se Vishwas Scheme, 2024, in respect of tax arrear shall be filed by the declarant to the designated authority.

07-04-2025 NOTIFICATION NO. 28/2025

Exemption from specified income U/s 10(46A) of IT Act 1961 – Greater Mohali Area Development Authority

07-04-2025 NOTIFICATION NO. 29/2025

Exemption from specified income U/s 10(46A) of IT Act 1961 – Prayagraj Mela Pradhikaran, Prayagraj

GST

17-04-2025 Instruction No. 03/2025-GST

Instructions for processing of applications for GST registration

27-03-2025 Circular No. 248/05/2025-GST

Various issues related to availment of benefit of Section 128A of the CGST Act, 2017

27-03-2025 NOTIFICATION NO. 11/2025–CENTRAL TAX

Central Goods and Services Tax (Second Amendment) Rules, 2025

13-03-2025 NOTIFICATION NO. 10/2025 – CENTRAL TAX

Seeks to amend Notification No. 02/2017-Central Tax, dated the 19th June, 2017

14-02-2025 CGST - Circulars No. 247/04/2025

Clarification regarding GST rates & classification (goods) based on the recommendations of the GST Council in its 55th meeting held on 21st December, 2024, at Jaisalmer

Corp Law

21-04-2025 Circular No. SEBI/HO/ISD/ISD-PoD-2/P/CIR/2025/55

Trading Window closure period under Clause 4 of Schedule B read with Regulation 9 of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (“PIT Regulations”) – Extension of automated implementation of trading window closure to Immediate Relatives of Designated Persons, on account of declaration of financial results.

11-04-2025 Circular No. SEBI/HO/IMD/IMD-RAC/P/CIR/2025/54

Specialized Investment Funds ('SIF') - Application and Investment Strategy Information Document (ISID) formats

09-04-2025 Circular No. SEBI/HO/IMD/IMD-PoD-1/P/CIR/2025/54

Clarification on Regulatory framework for Specialized Investment Funds (‘SIF’)

09-04-2025 Circular No. SEBI/HO/AFD/AFD-POD-3/P/CIR/2025/52

Amendment to Circular for mandating additional disclosures by FPIs that fulfil certain objective criteria

04-04-2025 Circular No. SEBI/HO/MIRSD/MIRSD-POD/P/CIR/2025/51

Recognition and operationalization of Past Risk and Return Verification Agency (PaRRVA)

IDT

21-04-2025 Circular No. 14/2025-Customs

Amendment to guidelines issued vide Circular No. 38/2020 dated 21.08.2020.

21-04-2025 DGFT - Trade Notice No. 02/2025-26

Introduction of ‘Mode of Export of Services’ Field in eBRC Format for Services Exports with effect from May 01, 2025.

21-04-2025 NOTIFICATION NO. 01/2025-CUSTOMS (SG)

Seeks to impose safeguard duty on “Non-Alloy and Alloy Steel Flat Products”

17-04-2025 NOTIFICATION NO. 26/2025 – CUSTOMS (N.T.)

Amendment in Notification No. 77/2023 – Customs (N.T.), dated the 20th October, 2023

15-04-2025 DGFT - Public Notice No. 02/2025-26

Amendment in Appendix 2K (Scale of User Charges and Process for Deposit/ Refund of Application Fee/Penalty, etc) of FTP 2023

15-04-2025 FTP - Notification No. 04/2025-26

Amendment in Import Policy Condition No. 07 (i) of Chapter - 27 of Schedule-I (Import Policy) of ITC (HS), 2022

15-04-2025 NOTIFICATION NO. 24/2025-CUSTOMS (N.T.)

Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold and Silver

15-04-2025 NOTIFICATION NO. 25/2025-CUSTOMS (N.T.)

Seeks to amend Notification No. 61/94-Customs (N.T.) dated the 21st November, 1994

11-04-2025 DGFT - Trade Notice No. 01/2025-26

Operationalisation of DGFT 'Global Tariff and Trade' Helpdesk

09-04-2025 Customs - Public Notice No. 36/2025

Rescinding of JNCH PN No.101/2024 dated 22.11.2024 regarding Transhipment of movement of export cargo from Bangladesh to third Countries from Nhava Sheva Port by Rail or Road vide Circular No. 29/2020-Customs dated 22.06.2020-reg

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