Legal Update as on 24.01.2023

  1. CESTAT: NO CASE MADE OUT BY CUSTOMS FOR CONFISCATION OF GOODS MEANT FOR EXPORT – A “No Objection Certificate” (NOC) from the Drug Controller is not necessary in respect of an export consignment filed for the shipment of medications to Liberia, according to the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi.
    M/s Medista Overseas Versus Commissioner, Central Excise & Central Goods and Service Tax
  1. ITAT – INTEREST INCOME FROM CO-OP SOCIETY ELIGIBLE FOR DEDUCTION – A co-operative society’s interest income from investments held with co-operative banks will qualify for a deduction under section 80P(2)(d) of the Income Tax Act of 1961, according to a statement made by the Income Tax Appellate Tribunal in Mumbai.
    Amore Commercial Premises Co-Op Society Ltd. Versus Central Processing Centre
  1. ITAT: The hire fees that the owner received under the “Time Charter Agreement” are not taxable as royalties. – The Mumbai-based Income Tax Appellate Tribunal has concluded that under Section 9(1)(vi) of the Income Tax Act of 1961, hire charges earned by a ship owner for chartering their ship under a “Time Charter Agreement” are not taxable as “royalty.”
    Nan Lian Ship Management LLC versus ACIT (Int. Tax)
  1. HC GRANTS BAIL TO NIZAMUDDIN KHAN, WHO IS BOOKED UNDER UAPA FOR AN ALLEGED PFI CONNECTION – Nizamuddin Khan, the state president of the Social Democratic Party of India (SDPI), was granted bail by the Allahabad High Court in the UAPA case due to his claimed affiliation with the outlawed Popular Front of India (PFI) and engagement in anti-national activities.
    Nizamuddin Khan vs. State of U.P.
  1. ALL HC – A man accused of inciting the public to destroy the Gyanvapi Mosque is granted anticipatory bail by the High Court. – The Allahabad High Court has granted anticipatory bail to a man who is accused of encouraging the public to destroy the Gyanvapi Mosque (till the submission of the police report, if any).
    Digvijay Chaube vs. State of U.P.
  1. MP HIGH COURT JUNKS PLEA ALLEGING ILLEGALITY IN THE SALE OF TICKETS FOR THE INDIA VS. NEW ZEALAND ODI MATCH – A PIL claiming that illegality and fraud have been committed in the sale of tickets for the third one-day international cricket match between India and New Zealand, which will be played on January 24 in Indore, has been dismissed by the Madhya Pradesh High Court, who also noted that a PIL based on newspaper reporting is not maintainable.
    Rakesh Yadav vs. State of Madhya Pradesh and others [WRIT PETITION No. 1044 of 2023]
  1. BOMBAY HC: REASSESSMENT NOTICE AFTER 4 YEARS SHOULD HAVE THE SANCTION OF PCIT The approval of the principal chief commissioner of income-tx (PCIT) is needed for issuing a reassessment notice after four years.
    MA Multi-Infra Development Pvt. Ltd. Versus ACIT
  1. CESTAT: CENVAT ACCOUNT PAYMENTS ARE SUBJECT TO RECREDITING IF EXCISE DUTY IS PAID IN CASH. – The Customs, Excise and Service Tax Appellate Tribunal has held that once the tax has been paid in cash, earlier payments made through the Cenvat Account are subject to being re-credited, and the department cannot object that such re-credit was not based on any valid documentation.
    M/s Mideast Integrated Steels Ltd. Versus Commissioner of CGST & Excise
  1. AAR – GST NOT PAYABLE ON REIMBURSEMENT OF TREE CUT COMPENSATION PAID TO FARMERS BY PURE AGENT – A pure agent is not required to pay Goods and Services Tax (GST) on the reimbursement of compensation amounts paid to farmers and landowners, according to a ruling from the Karnataka Authority for Advance Ruling (AAR).
  1. GUAHATI HC: THE FACT THAT THE ACCUSED ABSCONDED MAY REFLECT GUILT, BUT THAT FACT ALONE DOES NOT PROVE GUILT – According to the Gauhati High Court, while an accused who flees the scene of the crime reflects guilty mind, there must be further evidence linking him to the crime for this to constitute substantial proof of his guilt.
    Bidya Sagar Rabi Das @ Badam v. The State of Assam & Anr.
  1. CAL HC – IF THE MANDATORY DETENTION PERIOD EXPIRES, THE ACCUSED MUST APPLY FOR DEFAULT BAIL. – According to a decision by the Calcutta High Court, an accused who is being held in custody under the NDPS Act cannot be immediately released on statutory bail after the 180-day waiting period, as required by section 36A(4), unless he submits a written or oral application.
    Subhas Yadav v. The State of West Bengal and Other related petitions
  1. BOMBAY HC – ADMINISTRATOR COULD NOT HAVE TAKEN POLICY DECISION AFTER RECONSTRUCTION OF YES BANK – Bombay High Court has set aside Yes Bank’s decision to write of Additional Tier 1 bonds Rs. 8415 Crore value observing that the Reserve Bank of India (RBI) appointed Administrator could not have taken such a policy decision after the bank already stood reconstituted.
    Axis Trustee Services Limited v. Union of India and Ors

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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