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Excise | No Suppression Where Credits Reflected In Statutory Returns; Extended Limitation Invalid; Indian Oil Petronas Wins CESTAT Appeal
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that when the availment of CENVAT credit is duly disclosed in statutory ER-1 returns and the assessee has regularly paid excise duty, allegations of suppression within the intent to evade duty cannot be sustained. P. Dinesha (Judicial Member) and Vasa Seshagiri Rao (Technical Member) stated that...
Registered Adoption Deed Presumed To Be Genuine Unless Disproved In Independent Proceedings: Allahabad High Court
Recently, the Allahabad High Court has held that a registered adoption deed must be presumed to be in compliance of law unless specifically disproved in independent proceedings.Section 16 of the Hindu Adoption and Maintenance Act provides that when a registered adoption deed is produced in a court of law where the sign of the party giving the child and the party adopting the child are...
Think India Hosts 9th National Symposium On Landmark Judgments On January 4, 2026
Think India is a forum of students from premier institutes like IITs, IIMs, IISc, and National Law Universities and other such national institutes in the various field of academia, across India. It is a pan-India initiative to bring together the country's best talents and to infuse in them a 'Nation First' attitude and intellectual spirit. It is a platform for the leaders of tomorrow where they deliberate on issues of national importance, raise their concerns, and offer innovative solutions to...
Award Liable To Be Set Aside If Arbitral Tribunal Rewrites Contract Or Ignores Determinative Clauses: Calcutta High Court
The Calcutta High Court has recently held that an arbitral tribunal does not have the authority to rewrite the terms of a contract, ignore its determinative clauses on notions of equity, fairness or public law principles. It said if the tribunal travels beyond the contract itself, it amounts to a jurisdictional transgression, rendering the award illegal. “An Arbitral Tribunal does...
Highest Officer In State Dept Liable For Contempt If Non-Compliance Of Court Order Is Due To Confusion In Admin Machinery: Allahabad HC
Recently, the Allahabad High Court has held that the highest officer in a government department will be liable for contempt proceedings against him/ her is a writ court order is not complied with due to confusion in administrative machinery. Holding that Chief Secretary, Government of Uttar Pradesh will be liable for contempt in cases relating to the Land Acquisition Act 1984 as...
Allahabad High Court Doubts UP DGP's Claim That Only 11 Mob Lynching Cases Reported In State Since 2018
The Allahabad High Court (Lucknow Bench) recently expressed serious doubt regarding the data furnished by the Director General of Police (DGP) before the HC, which claimed that only 11 cases pertaining to mob lynching have been reported in the State since 2018. Observing that the figure "prima facie appears to be incorrect", a Division Bench of Justice Abdul Moin and Justice Rajeev...
Oppression And Mismanagement Plea Not Maintainable Without Company Membership On Filing Date: NCLAT
The National Company Law Appellate Tribunal (NCLAT) at Chennai recently reaffirmed that a petition alleging oppression and mismanagement under Sections 241 and 244 of the Companies Act, 2013, cannot be entertained unless the person filing it establishes that he was a “member” of the company on the date the petition was filed. While setting aside an order of the National Company Law...
Delhi High Court Indirect Tax: Annual Digest 2025
Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HCCase title: Chegg India Pvt Ltd v. UoI & Ors.Case no.: W.P.(C) 1062/2024The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017...
Madras High Court Asks Centre To Consider Framing Law Similar To That In Australia For Monitoring Children's Internet Usage
The Madras High Court recently asked the central government to consider bringing in a law, similar to that in Australia, to monitor internet usage by children. The bench of Justice G Jayachandran and Justice KK Ramakrishnan made the suggestion after noting that pornographic content is widely available to children using the internet. The court observed that the end users had to be...
"Law Should Not Be Used To Target Specific Individuals": Madras High Court Grants Interim Bail To Savukku Shankar
The Madras High Court, on Friday, granted interim bail to YouTuber and journalist Shankar @ Savukku Shankar. Shankar was arrested on December 13 on allegations of assault and extortion by a film producer.The bench of Justice SM Subramaniam and Justice P Dhanabal noted that Shankar had serious health issues and needed treatment. The court also noted that the authorities had been filing...