The Hon’ble Supreme Court in IDBI v. Superintendent of Central Excise and Customs and Others set aside the order passed by the division bench of the Hon’ble Andhra Pradesh High Court and held that the position in law was that the debt ‘due and payable’, when falls within the four corners of clause (a) to Section 530(1) of the Companies Act, would be treated as preferential payment, but it would not override and be given preference over the payments of overriding preferential creditors covered under Section 529A of the Companies Act.
The Hon’ble Supreme Court in M/s. Vishwanath Traders v. Union of India & Ors. [Special Leave to Appeal (C) No(s). 15594 of 2023 dated August 04, 2023] upheld the order of the Hon’ble Patna High Court wherein the high court held that extraordinary jurisdiction under Article 226 of Constitution of India cannot be invoked where […]
The Hon’ble Supreme Court in Commissioner of CGST and Central Excise Mumbai East v. M/s. Flemingo Travel Retail Ltd allowed the review petition by recalling the judgement dated April 10, 2023 wherein the Hon’ble Supreme court held that Duty Free Shops at arrival or departure terminals of Airports are outside the customs frontiers of India and tagged the matter with the appeals mentioned in the signed order.
The Supreme Court of India heard the case Chief Commissioner of Central Goods And Service Tax & Ors. v. M/s. Safari Retreats Private Limited & Ors. on August 17, 2023.
The Hon’ble Supreme Court in Union of India & Ors. v. Mahindra and Mahindra Ltd. dismissed the appeal filed by the Revenue Department and upheld the decision of the Hon’ble Gujarat High Court of setting aside the imposition of interest and penalty on custom duty, CVD, being without jurisdiction.
The Hon’ble Supreme court in the matter of State Tax Officer v. Shabu George dismissed the SLP filed by the Revenue Department against the order of the Hon’ble Kerela High Court ordering the Revenue Department to release the cash seized during the search since, such cash does not forms part of stock in trade of business.
The Hon’ble Supreme Court in State of Gujarat v. Choodamani Parmeshwaran Iyer & Anr. set aside the order passed by the Hon’ble Gujarat High Court and held that power to arrest a person by an empowered authority under the GST Act may be termed as statutory in character and ordinarily the high courts should not interfere with exercise of such power under writ jurisdiction.
The Hon’ble Supreme Court in the matter of Paschimachal Vidyut Vitran Nigam Limited v. Raman Ispat Private Limited [Civil Appeal No. 7976 of 2019 dated July 17, 2023] held that Section 238 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) overrides the provisions of the Electricity Act, 2003. Facts: M/s. Paschimanchal Vidyut Vitran Nigam Limited […]
The Hon’ble Supreme Court in Principal Commissioner Central Excise Delhi I v. SOTC Travels Services Private Limited dismissed the Appeal filed by the Revenue Department by relying on the judgement wherein it was held that the Performance linked bonus (“PLB”) and Computer reservation service (“CRS”) fees received by airline agents are not subject to service tax under the category of ‘Business Auxiliary Services’ (“BAS”).
The Hon’ble Supreme Court in Commissioner of Central Excise Pune II v. SS Engineers dismissed the appeal of the Revenue and held that, value of items which were directly delivered to customer’s place and which never entered in the factory of the assessee should not be added to assessable value of goods supplied by the assessee.