SAFTA preferential tariff treatment could not be denied solely because the six-digit tariff classification in the country-of-origin certificate differed from the re-determined classification. Where the goods' description and Bangladeshi origin were undisputed, the revised headings remained covered by the exemption, and no specified ground for denial was established, the applicable origin rules required verification and consultation before rejecting preference. Transaction value could not be enhanced merely using NIDB data for allegedly similar branded goods without evidence of counterfeit goods, invoice unreliability, comparable quality or other relevant textile characteristics. The preferential exemption and declared value were restored, with consequential duty, interest, penalty, confiscation, redemption fine and bank guarantee measures set aside or released.

Interest on delayed customs-duty refunds is payable where reassessment and refund claims remained pending, with the grant linked to principles of natural justice. Refunds of differential duty deposited during investigation may attract interest at 12 per cent per annum when jurisdictional High Court precedent, following the Sandvik Asia principle, applies. The applicable interest period remains limited to the period already allowed where it was not challenged by the Revenue; the claimant cannot seek to enlarge that period. Interest was accordingly enhanced from 6 per cent to 12 per cent for the unchanged three-month period commencing 30 January 2009 until refund, and the Revenue challenge was rejected.

Acceptance of enhanced customs value under protest to secure clearance and avoid demurrage does not bar an appeal, as taxation matters do not apply estoppel on that basis. Folded and stitched polyester woven printed quilt covers must be classified in their imported condition as ready-to-use made-up textile articles, rather than as bed sheets obtainable only after de-stitching. Declared transaction value cannot be rejected merely by comparison with non-comparable bed-sheet imports; objective evidence creating reasonable doubt is required. Because neither misclassification nor undervaluation was established, confiscation, redemption fine and penalty lacked a basis; redemption fine also required market-price determination.

Classification of imported LED modules depends on their condition and essential character at importation, not their intended use in manufacturing street lights. Modules comprising multiple LEDs mounted on a panel with a PCB and heat sink, though lacking driver or control circuitry, possess the essential character of LED lamps and fall within the specific tariff coverage for LED lamps. The residuary heading for lamps, lighting fittings and parts applies only where goods are not elsewhere specified or included. As specific coverage prevails over a residuary heading, LED modules are classified under CTH 8539 rather than CTH 9405, eliminating differential customs duty and related consequences.

Active Pharmaceutical Ingredients and bulk drugs qualify as "All Drugs and medicines" under the specific IGST rate entry where they retain their statutory identity as drugs under the Drugs and Cosmetics Act, 1940. Their import for formulation manufacture, testing, analysis, clinical research, clinical trials, bioavailability studies or bioequivalence studies does not alter that character. The description-based entry extends to goods under Chapter 30 or any other chapter, including APIs tariff-classifiable under Chapters 28 or 29. As the specific drugs entry prevails over general chemical entries, eligible APIs attract IGST at 5%, subject to exclusion where covered by the specified nil-rated entry.

Section 94 personal insolvency applications by personal guarantors are subject to limitation; an application based on a guarantee invoked in 2016 was treated as time-barred. Where admitted facts and applicable law establish non-maintainability, the Adjudicating Authority may reject a debtor-initiated Section 94 application at the threshold without appointing a Resolution Professional. Observations on Resolution Professional appointment in creditor-initiated Section 95 proceedings do not govern such debtor-initiated applications. Timing and surrounding circumstances also bear on bona fide invocation: filing after a recovery auction has concluded and third-party rights have started arising may show an attempt to obstruct recovery rather than seek insolvency resolution. The rejection of the application was affirmed and the appeal dismissed.

Service-tax liability does not arise where group companies merely reimburse employee costs without outsourcing business functions. Transfer of the right to use multi-function printers constitutes a deemed sale outside the service-tax levy, while VAT-paid spare parts, toner and consumables supplied under maintenance arrangements qualify for exemption as goods sold, subject to notification conditions. Sale of course material to independent training providers is not commercial training or coaching, and separately documented goods remain excludible. Mere display of a customer-supplied logo, without creating or designing an advertisement, is not advertising agency service. Extended limitation cannot apply where departmental audit already disclos.....

Refund of accumulated CENVAT credit on exported services is not barred merely because credit from an earlier period is claimed in a subsequent quarter. Notification No. 5/2006-CE (NT) and the Board clarification permit carry-forward, subject to limitation and other claim requirements. For reverse-charge service tax paid belatedly, limitation runs from the actual tax-payment date; a period stated incorrectly in the application may be treated as a clerical error where returns establish the payment date. Both Members agreed that the refund rejection could not stand on those grounds. They differed on whether issues beyond the show cause notice required remand or whether refund with interest should be granted, and referred that question to a Third Member.

CENVAT credit on MS scrap received under registered dealer invoices was admissible where valid invoices, banking payments, statutory records, transport-service tax and evidence of consumption supported receipt, while manufacture and clearance of finished goods remained undisputed. The Revenue had to prove non-receipt through affirmative evidence and identify an alternative raw-material source; suspicion and incomplete investigation were insufficient. Uncorroborated, contradictory investigation statements could not sustain denial without compliance with Section 9D safeguards. Limited Vahan portal vehicle discrepancies, without examination of vehicle owners or independent evidence, could not establish fictitious transactions. Extended limitat.....

Punjab's GST amendments facilitate voluntary compliance and reduce procedural burdens by allowing a 90 per cent provisional input tax credit refund in inverted duty structure cases and removing the minimum threshold for IGST refunds on exported goods. Additional measures cap annual fee increases by private unaided educational institutions, establish digital open universities for technology-enabled higher education, protect trees and green cover, and address common infrastructure, panchayati raj, and contractual engagement of outsourced State personnel.

Special CBI Court rejected an accused's request to record her statement through video conferencing in a bank-fraud prosecution. The accused had sought to become an approver, and her statement was required to be recorded before consideration of that application. She and her husband had previously become approvers in a related money-laundering matter involving alleged fraudulent Letters of Undertaking.

High Court directions regulating the sequence and expeditious consideration of pending applications remained undisturbed because no error of fact or law was identified. The merits of every pending application were expressly kept open, requiring the Single Judge to decide each matter independently and without influence from the High Court's observations. Pending applications were directed to be disposed of independently within three months.

Section 63(c) of the Indian Succession Act permits attestation where a witness personally sees the testator sign or affix a mark, sees another person sign in the testator's presence and at the testator's direction, or receives the testator's personal acknowledgement. The requirement of signing at the testator's direction applies only when another person signs the Will, not when the witness sees the testator affix a thumb impression. Evidence that the testator affixed the thumb impression before both attesting witnesses, followed by their attestation, establishes due execution. Reduced spacing in the concluding portion of a single-page Will does not by itself create a legitimate suspicious circumstance. The Will and sale deeds founded on it were valid.

Subsequent purchasers pendente lite may seek leave to appeal against a specific-performance decree only by showing that the decree binds, aggrieves or prejudicially affects them and that judicial discretion should be exercised in their favour. Rejection of an impleadment application does not itself bar leave to appeal, but neither impleadment nor leave is available as of right. A transfer during litigation remains valid but subordinate to the rights determined in the suit. Purchasers who knew of the proceedings, acquired property despite an operative injunction, and failed to act diligently lacked sufficient cause for substantial delay and a good case for appellate leave. Their remedy may lie independently against the vendor for sale-consideration recovery.

Transport of goods with an unfilled Form 38 did not constitute a contravention where the statutory requirement for a duly completed form had not yet taken effect. The absence of intent to evade tax was supported by the accompanying Form 38 and other transport documents. As the requirement to fill Form 38 was introduced only after the relevant seizure, penalty could not be sustained, and its deletion was justified.

Delayed filing of the monthly duty-payment statement under Notification No. 01/2010-C.E. is a procedural lapse and does not defeat an area-based exemption refund where the manufacturer satisfies the substantive eligibility conditions and provides the duty-payment particulars supporting the claim. The filing timeline regulates administration of the refund scheme rather than determining entitlement. Denial of the area-based incentive solely because the statement was furnished late is unwarranted; the refund remains available despite belated compliance.

Site-formation services performed by a sub-contractor, including excavation, preparation, drilling and blasting, do not qualify as construction of a dam under the relevant exemption where the services are rendered to an intervening contractor rather than directly for the Government. However, rejection of the alternative works-contract exemption requires fresh adjudication because authorities on deemed transfer of property in goods, VAT deductions, material consumption and the nature of the activity were not adequately considered. Extended limitation must also be reconsidered in light of the claimed bona fide belief, while threshold exemption and cum-tax valuation require consideration if any demand survives.

Interim bail was granted to enable participation in bank proceedings concerning property already taken into the bank's possession. The applicant had previously complied with interim bail conditions, and retention of his passport by the investigating agency reduced the risk of leaving India. Release was subject to safeguards prohibiting evidence tampering, witness influence, interference with the investigation, and foreign travel without permission. The interim release was limited to the specified period required for the bank proceedings.

Temporary relief previously granted in a bail application was extended pending the applicant's surrender. The surrender date and time were fixed, and the bail and surety bonds were correspondingly extended. The temporary relief remained effective until 21.10.2024, following which the bail application was disposed of.

Interim bail may be granted for participation in bank proceedings concerning secured property under the SARFAESI regime where the applicant's presence is necessary and investigation can be protected through safeguards. Prior compliant use of interim bail and retention of the applicant's passport by the investigating agency supported temporary release. Interim bail was granted for a limited period, subject to stipulated restrictions, to enable participation in the secured-property proceedings.