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    September 3, 2026   Case Laws Customs
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September 3, 2026   Case Laws Customs
Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration.
September 3, 2026   Case Laws Customs
AIFTA dispute resolution cannot bar customs recovery proceedings where treaty mechanisms remain unincorporated into municipal law.
September 3, 2026   Case Laws Customs
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs presentation.
September 3, 2026   Case Laws Companies Law
Contempt undertakings require clear commitments, while foreign money decrees may warrant security pending execution proceedings.
September 3, 2026   Case Laws IBC
Provident fund claims during CIRP cannot bypass moratorium, resolution-plan extinguishment, or corporate debtor immunity for pre-CIRP defaults.
September 3, 2026   Case Laws IBC
Arbitration clauses do not bar insolvency proceedings where supply-related debt and default exist without a genuine pre-existing dispute.
September 3, 2026   Case Laws Money Laundering
PMLA property attachment extends to pre-offence assets where statutory reasons and independent adjudicatory satisfaction support proceedings.
September 3, 2026   Case Laws Money Laundering
PMLA attachment requires a proven nexus between share application money and the scheduled offence, not unsupported allegations.
September 3, 2026   Case Laws Money Laundering
Provisional attachment of proceeds of crime extends to buildings representing criminally derived funds, irrespective of enterprise viability.
September 3, 2026   Case Laws Service Tax
Timely service-tax adjudication: unexplained delay beyond the statutory framework can invalidate orders despite an available appeal.
September 3, 2026   Case Laws Service Tax
CENVAT credit at unregistered premises remains available, while construction-related works contract credit faces normal-period recovery and interest.
September 3, 2026   Case Laws Service Tax
Composite engineering services qualify as export where foreign recipient receives the service and physical goods availability is not essential.
September 3, 2026   Case Laws Companies Law
Forensic audit of asset dissipation permits scrutiny of banks and corporate facilitators in foreign-award execution.
September 2, 2026   Notifications Central Excise
Road and Infrastructure Cess on exported petrol and diesel is revised to a uniform per-litre rate.
September 2, 2026   Notifications Central Excise
Special Additional Excise Duty on exported Aviation Turbine Fuel is revised through a substituted effective duty rate.
September 2, 2026   Notifications Central Excise
Central excise rate amendment substitutes the serial-number-one table entry with a per-litre rate from Gazette publication.
September 2, 2026   Notifications Customs
Tariff value revision sets customs valuation benchmarks for edible oils, brass scrap, gold, silver and areca nut imports.
September 2, 2026   Circulars GST - States
Taxpayer confidentiality restricts external AI use while requiring officers to verify outputs and independently decide quasi-judicial matters.
September 2, 2026   Circulars Customs
Customs-controlled container movement now extends to DP World facilities, subject to segregation, inspections, reconciliation, and EXIM cargo priority.
September 2, 2026   Circulars Companies Law
Pending statutory filings under CCFS-2026 may be completed until 15 September 2026, with all other scheme conditions unchanged.

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Home › Highlights › Companies Law › 2025 › February, 2025 › This
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Companies Law

HC upholds maintainability of writ petition under Article 226...

RBI's Regulatory Oversight Duties Can Be Challenged Through Writ Under Article 226 Despite Section 430 Companies Act

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Companies Law February 18, 2025 Case Laws HC
HC upholds maintainability of writ petition under Article 226 concerning regulatory oversight of ECL. Petitioner challenged RBI's failure to exercise statutory powers regarding fund misappropriation by ECL directors. Court affirmed that statutory powers vested in public authorities imply duties enforceable through Article 226. Rejected argument regarding NCLT/NCLAT jurisdiction bar under Section 430 of Companies Act, 2013, noting NCLT lacks authority to issue prerogative writs to RBI. Court distinguished between NCLT proceedings and writ jurisdiction, emphasizing RBI's regulatory duties. Determined writ remedy appropriate where regulatory body fails to exercise statutory functions. Petition dismissed while upholding maintainability of original writ jurisdiction.
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Acts Income Tax
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