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    August 3, 2026   Case Laws Indian Laws
    Post-award interim protection remains available to unsuccessful arbitral parties, subject to a higher threshold for exceptional relief.
    August 3, 2026   Case Laws GST
    Regular bail in alleged fraudulent input tax credit matters granted where evidence was documentary and trial safeguards addressed risks.
    August 3, 2026   Case Laws GST
    GST portal-only service remains invalid, restoring ex parte proceedings and preventing appeal limitation from commencing without effective service.
    August 3, 2026   Case Laws GST
    Transitional CENVAT credit cannot be reassessed under CGST proceedings, while eligible cess and VAT stock credits remain transitionable.
    August 3, 2026   Case Laws GST
    Additional input tax credit must reduce flat prices; pending anti-profiteering proceedings continue despite future-request restrictions or unstayed co...
    August 3, 2026   Case Laws Income Tax
    Internal comparable pricing for captive power transfers prevails where same-unit market purchases provide the most reliable arm's-length benchmark.
    August 3, 2026   Case Laws Income Tax
    Head office expenditure limits require factual scrutiny, while branch-to-branch interest remains outside Indian withholding tax provisions.
    August 3, 2026   Case Laws Income Tax
    Co-operative society investment interest qualifies for deduction where deposits are held with other co-operative banks under section 80P(2)(d).
    August 3, 2026   Case Laws Income Tax
    Specific penalty charges in notices must match penalty orders; shifting between statutory limbs invalidates the penalty proceedings.
    August 3, 2026   Case Laws Income Tax
    Audited financial statements prevail over unaudited tally data where opening work-in-progress causes an apparent closing balance difference.
    August 3, 2026   Case Laws Income Tax
    Valid reassessment requires dated recorded reasons and independent sanction; undated reasons and mechanical approval invalidate proceedings.
    August 3, 2026   Case Laws Customs
    Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
    August 3, 2026   Case Laws Customs
    Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
    August 3, 2026   Case Laws Customs
    Special additional duty refunds cannot be restricted by notification-imposed limitation where the Customs Act provides no such limitation.
    August 3, 2026   Case Laws Customs
    Authorised courier due diligence defeated abetment penalty where concealed gold was undetectable without X-ray examination.
    August 3, 2026   Case Laws Customs
    Customs duty deposit remains refundable when no out-of-charge order or appropriation follows failed import clearance.
    August 3, 2026   Case Laws Customs
    Cross-objections may challenge any appealed finding, while unproven undervaluation and post-import retail price revision fail.
    August 3, 2026   Case Laws Customs
    Preferential customs duty benefit survives curable Certificate of Origin defects when valid revised certificates establish undisputed product origin.
    August 3, 2026   Case Laws Companies Law
    Unadjudicated Supreme Court pleadings do not determine company law applicability, and mandamus requires prior demand and refusal.
    August 3, 2026   Case Laws IBC
    Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
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August 3, 2026   Case Laws Indian Laws
Post-award interim protection remains available to unsuccessful arbitral parties, subject to a higher threshold for exceptional relief.
August 3, 2026   Case Laws GST
Regular bail in alleged fraudulent input tax credit matters granted where evidence was documentary and trial safeguards addressed risks.
August 3, 2026   Case Laws GST
GST portal-only service remains invalid, restoring ex parte proceedings and preventing appeal limitation from commencing without effective service.
August 3, 2026   Case Laws GST
Transitional CENVAT credit cannot be reassessed under CGST proceedings, while eligible cess and VAT stock credits remain transitionable.
August 3, 2026   Case Laws GST
Additional input tax credit must reduce flat prices; pending anti-profiteering proceedings continue despite future-request restrictions or unstayed constitutional challenges.
August 3, 2026   Case Laws Income Tax
Internal comparable pricing for captive power transfers prevails where same-unit market purchases provide the most reliable arm's-length benchmark.
August 3, 2026   Case Laws Income Tax
Head office expenditure limits require factual scrutiny, while branch-to-branch interest remains outside Indian withholding tax provisions.
August 3, 2026   Case Laws Income Tax
Co-operative society investment interest qualifies for deduction where deposits are held with other co-operative banks under section 80P(2)(d).
August 3, 2026   Case Laws Income Tax
Specific penalty charges in notices must match penalty orders; shifting between statutory limbs invalidates the penalty proceedings.
August 3, 2026   Case Laws Income Tax
Audited financial statements prevail over unaudited tally data where opening work-in-progress causes an apparent closing balance difference.
August 3, 2026   Case Laws Income Tax
Valid reassessment requires dated recorded reasons and independent sanction; undated reasons and mechanical approval invalidate proceedings.
August 3, 2026   Case Laws Customs
Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent adjudication.
August 3, 2026   Case Laws Customs
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling withheld drawback release.
August 3, 2026   Case Laws Customs
Special additional duty refunds cannot be restricted by notification-imposed limitation where the Customs Act provides no such limitation.
August 3, 2026   Case Laws Customs
Authorised courier due diligence defeated abetment penalty where concealed gold was undetectable without X-ray examination.
August 3, 2026   Case Laws Customs
Customs duty deposit remains refundable when no out-of-charge order or appropriation follows failed import clearance.
August 3, 2026   Case Laws Customs
Cross-objections may challenge any appealed finding, while unproven undervaluation and post-import retail price revision fail.
August 3, 2026   Case Laws Customs
Preferential customs duty benefit survives curable Certificate of Origin defects when valid revised certificates establish undisputed product origin.
August 3, 2026   Case Laws Companies Law
Unadjudicated Supreme Court pleadings do not determine company law applicability, and mandamus requires prior demand and refusal.
August 3, 2026   Case Laws IBC
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of valid prior liquidation steps.

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Home › Highlights › Customs › 2024 › July, 2024 › This
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Customs

IGST exemption availed under EPCG Scheme rejected. Demand of...

Supreme Court Overturns IGST Exemption Rejection; Confiscation and Penalties Dismissed, Importers Eligible for GST Refunds.

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Customs July 26, 2024 Case Laws AT
IGST exemption availed under EPCG Scheme rejected. Demand of customs duty in lieu of IGST, confiscation, interest, penalties under Customs Act, 1962 confirmed. Allegation: Notification amended, payment in INR for services in Appendix 5D counted towards export obligation only if IGST exemption not availed. HELD: EPCG License issued on 21.01.2019, export obligation period till 20.01.2025. Proceedings premature before expiry of licensing period, impugned order confirming demands unjustified. Supreme Court judgment: Importers not meeting pre-import conditions to pay GST/Compensation Cess, can claim refund/avail Input Tax Credit. If IGST paid, available as Input Tax Credit, reducing net GST liability, revenue neutral. Confiscation of imported goods set aside. Penalties unwarranted. Impugned order set aside, appeal allowed.
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Acts Income Tax
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