TMI Tax Updates - e-Newsletter
May 27, 2025

Case Laws in this Newsletter:

GST Income Tax Customs PMLA Central Excise Indian Laws

Articles

1. THE EXEMPTION UNDER SECTION 11 OF THE INCOME TAX ACT, 1961 IS NOT TO BE DENIED FOR THE DELAY IN UPLOADING FORM 10B

   By: DR.MARIAPPAN GOVINDARAJAN

2. AMNESTY SCHEME UNDER SECTION 128A AND GSTN ADVISORIES

   By: Dr. Sanjiv Agarwal

3. Notice cannot be issued comparing particulars at which Assessee has sold its goods with that of prevalent market price

   By: Bimal jain

4. Clarifying Penalty under Section 129(3) of the U.P. GST Act: Allahabad High Court’s Ruling on Non-Filling of Part-B of E-way Bill

   By: YAGAY andSUN

5. How the Government of India can Use Tourism as a Diplomatic Tool to Counter Terrorism and Highlight Unfriendly Nations.

   By: YAGAY andSUN

6. What I Observe While Riding a Bicycle in My City (Faridabad)?

   By: YAGAY andSUN

7. Preventing Industrial Accidents in the Manufacturing Sector: The Role of Predictive Analysis and Preventive Measures.

   By: YAGAY andSUN

8. Comprehensive Guide to Legal and Regulatory Requirements for Storage of Chemicals in Warehouses and Godowns in India.

   By: YAGAY andSUN

9. Compliance Checklist and a corresponding Standard Operating Procedure (SOP) for storage of chemicals in warehouses/godowns in India.

   By: YAGAY andSUN

News

1. Former municipal councillor arrested in UP's Unnao for helping Myanmar nationals obtain fake Aadhaar cards

2. Liquidation of Bhushan Steel: SC orders status quo on proceedings pending before NCLT

3. Aadhaar Card Download and UIDAI: A Comprehensive Guide

4. IIFL Finance gets RBI approval to open branches in Jammu & Kashmir

5. Trump's tariffs launched global trade wars, a timeline of how we got here

6. India Participates in 9th BRICS Industry Ministers’ Meeting in Brasília

7. US futures jump while Asian shares slip after Trump delays tariffs on the EU

8. Southeast Asian nations want to discuss tariffs with Trump as unified bloc, Malaysia PM says

9. Trump says he'll delay a threatened 50% tariff on EU until July

10. ASEAN must deepen integration, stay united to tackle US tariffs, Malaysia says

11. Project Management Group, DPIIT reviews Mega Infrastructure Projects in Andhra Pradesh and Tamil Nadu

12. Data User’s Conference on the Results of the Annual Survey of Unincorporated Sector Enterprises (ASUSE) 2023–24 and the Forward-Looking Survey on Private Sector Capital Expenditure (CAPEX) Investment Intentions

13. GST largest marginal contributor to rising poverty in Pakistan: World Bank

Notifications

DGFT

1. 12/2025-26 - dated 26-5-2025 - FTP

Amendments to Para 4.41(5) of FTP-2023

2. 11/2025-26 - dated 26-5-2025 - FTP

Restoration of RoDTEP for Advance Authorisations (AAs) holders, Special Economic Zones (SEZs) and Export-Oriented Units (EOUs) from 01.06.2025

3. 10/2025-26 - dated 26-5-2025 - FTP

Alignment of RoDTEP Schedule consequent to changes in the First Schedule of Customs Tariff Act w.e.f. 01.05.2025

GST - States

4. 23/2024-State Tax - dated 22-5-2025 - Delhi SGST

Waiver of late fee for late filing of NIL FORM GSTR-7

Highlights / Catch Notes

GST

• Legal Rectification Ordered: Section 73 Application Remanded for Fresh Hearing Within 6 Weeks, Previous Orders Set Aside

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• Accused in GST Fraud Case Secures Bail Despite Ongoing Investigation, Court Finds Insufficient Direct Evidence

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• GST Appeal Sent Back for Procedural Correction, Ensuring Fair Review and Proper Notification Process

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• Writ Petition Succeeds: Export Unit Wins IGST Refund Challenge Due to Procedural Violations in Revenue Department's Demand

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• Tax Assessment Challenge Dismissed: Procedural Fairness Upheld, Appeal Rights Preserved with 25% Tax Payment Condition

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• Uploading Show Cause Notice Exclusively on GST Portal Deemed Insufficient, Requiring Comprehensive Communication Channels Under Section 169

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• GST Goods Transportation Case Reveals Critical Procedural Flaws in Vehicle Detention and Documentation Enforcement

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• GST Return Rectification Denied: Petitioner Ordered to Deposit Additional 5% Tax and File Appeal Within 30 Days

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Income Tax

• High Court Rejects Double Taxation Attempt, Upholds Assessee's Income Declaration Under Proper Accounting Principles

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• Tax Return Scrutiny Invalidated: Prior Approval Mandatory for Assessment Proceedings Under Instruction No. 5/2017

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• High-Powered Tax Scrutiny: Section 263 Empowers PCIT to Override Incomplete Assessment, Validate Comprehensive Transaction Review

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• Tax Fraud Case Dismissed: Criminal Proceedings Quashed Due to Lack of Substantive Evidence Under Sections 276C(1) and 277

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• Tribunal Strikes Down Tax Revisionary Order, Upholds Original Assessment's Validity Under Section 263 Principles

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• Relinquishment of Trustship Rights Deemed Taxable Under Section 56 as Income from Other Sources

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• Tribunal Validates Share Issue Expenses, Upholds Taxpayer's Evidence and Rejects Unsubstantiated Reassessment Claims Under Section 147

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• Revisionary Powers Under Section 263 Limited When Appellate Order Has Merged with Original Assessment

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• Multiple Tax Claims Upheld: Complex Benchmarking and Deduction Validations Favor Assessee Under Sections 35(2AB), 36(1)(iii), and 14A

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• Gold Derivative Trading Hedging Transactions Exempt from Speculative Income Classification Under Section 43(5)

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• Tribunal Scrutinizes Complex Tax Deductions, Remands Key Issues for Detailed Reassessment of Depreciation and Asset Valuation

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• Taxpayer Proves Purchase Authenticity Through Comprehensive Documentation, Overcoming Procedural Challenges in Income Tax Dispute

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• Charitable Institution Wins Tax Exemption Appeal, Tribunal Validates Non-Filing Justification Under Section 10(23C)(vi)

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• Tax Reassessment Voided: Procedural Flaws in Notice Service to Deceased Partners' Firm Invalidate Entire Proceedings

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• Penalty Upheld for Income Suppression: Documentary Evidence Confirms Underreporting Despite Partner's Retraction of Admission

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• Partner Salary and Business Expenses Upheld: Comprehensive Relief for Assessee Under Income Tax Regulations

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• Interest on Late PF Deposits Not Deductible: Section 37(1) Bars Expenditure for Delayed Statutory Contributions

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Customs

• Cross-Border Rail Connectivity: New Transit Route Established Between India and Nepal Under Customs Act Section 7(1)

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• Importer Successfully Challenges Customs Penalty by Proving Lack of Intentional Misrepresentation Under Section 114A

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• Imported Manufacturing Accessories Deemed Capital Goods, Customs Duty Demand Overturned for Essential Production Equipment

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• Customs Tribunal Overturns Penalties, Finds No Intentional Wrongdoing in Export Bill Conversion Under Sections 114AA and 112(a)(ii)

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• Customs Duty Drawback: Circular 35/2010 Clarifies 1% Benefit for Merchant Exporters, Resolves Prior Ambiguities Retrospectively

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Indian Laws

• Legal Scrutiny Reveals Procedural Errors in Fraud Case, Mandates Comprehensive Review of Evidence Under CrPC Section 239

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PMLA

• Govt Amends Money Laundering Act Jurisdiction, Empowering VI Additional Sessions Judge Raipur with Statewide Judicial Authority

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• Judicial Relief Granted: Exam Paper Leak Case Defendant Receives Conditional Bail Under PMLA Section 45 Provisions

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• Money Laundering Case: Prosecution Upheld for Alleged Financial Irregularities Despite Indirect Involvement in Original Offense

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• Fraudulent Loan Procurement Case: Rs. 8 Crore Scam Resolved with Asset Auction and Creditor Rights Protection

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• Legal Showdown: Black Money Act Seizure Upheld as Offshore Company Ties Confirm Undisclosed Foreign Income Allegations

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SEBI

• Expanded Investment Horizons: SEBI Regulation 17 Redefines Category II AIF Investment Strategies and Disclosure Norms

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Case Laws:

• GST

• 2025 (5) TMI 1733
  HC analyzed a tax law dispute involving procedural challenges to an administrative order under CGST Act, 2017. The court determined that a writ petition was not maintainable due to an existing statutory appeal mechanism under Section 107. The petitioner was directed to utilize the alternative remedy of appeal, which provides opportunity for hearing and addressing procedural irregularities. The court emphasized the importance of exhausting statutory remedies before seeking extraordinary writ jurisdiction.

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• 2025 (5) TMI 1732
  HC allowed writ petition challenging tax rectification application rejection. Remanded matter to proper officer, directing reconsideration of application with personal hearing and decision within six weeks. Court set aside both appellate and original orders without examining merits, emphasizing need for complete departmental adjudication process before appellate proceedings.

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• 2025 (5) TMI 1731
  SC granted regular bail in a tax fraud case involving alleged fraudulent input tax credit transactions. The Court found insufficient direct evidence linking the accused to fake firms, noting the trial had not commenced and confessional statements required judicial scrutiny. Bail was granted subject to trial court conditions, emphasizing the accused's right to liberty and the need for a fair investigation. The decision balanced investigative interests with individual rights, allowing provisional release pending trial.

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• 2025 (5) TMI 1730
  HC dismissed the petition challenging GST registration cancellation. The court held that the Department was justified in revoking the prior cancellation based on Anti-Evasion Commissionerate's findings about the firm being non-existent. The petitioner was directed to file an appeal before the appellate authority under Section 107 of CGST Act within the extended timeline, with all rights preserved for merits-based adjudication.

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• 2025 (5) TMI 1729
  HC ruled that GST proceedings post-demerger must be conducted against the resulting company, not the demerged company. The court found the manual appeal filing justified due to technical portal issues and directed remand for fresh adjudication. The order emphasized procedural fairness, mandating correct party identification and proper order uploading on the petitioner's GST portal.

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• 2025 (5) TMI 1728
  The SC examined a GST registration cancellation case involving non-filing of returns. Despite procedural defaults, the court permitted belated return filing after tax payment, conditional on compliance with legal requirements. The ruling balanced statutory obligations with practical considerations, allowing the petitioner to rectify the registration cancellation by filing pending returns and settling outstanding tax liabilities within a specified timeframe.

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• 2025 (5) TMI 1727
  HC quashed tax recovery order against 100% Export Oriented Unit (EOU) due to procedural non-compliance. The order was set aside for failing to issue a proper show cause notice under Sections 73 and 74 of CGST Act, 2017. Revenue was directed to initiate fresh proceedings by providing a detailed notice specifying recovery amounts and grounds, while preserving the petitioner's right to challenge Rule 96(10)'s validity in subsequent proceedings.

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• 2025 (5) TMI 1726
  HC allowed writ petition challenging refund order. Despite refund sanction for Rs. 68,66,238/-, the order contained contradictory directions for payment. Court directed tax authorities to reconsider refund payment mode for closed business, ensuring direct bank transfer, and complete reconsideration within six weeks with opportunity of hearing.

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• 2025 (5) TMI 1725
  The SC reviewed a tax assessment order challenging procedural fairness and appeal time limitations. The Court found no violation of natural justice, as the petitioner received adequate notices and hearing opportunities. While acknowledging the expired statutory appeal deadline, the SC granted liberty to file an appeal within 30 days upon payment of 25% of disputed tax amount, balancing procedural compliance with substantive justice.

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• 2025 (5) TMI 1724
  The HC ruled that service of a show cause notice exclusively through the GST Portal is invalid when the taxpayer's registration is cancelled, violating principles of natural justice. The court set aside the assessment order, directing authorities to explore alternative service modes under Section 169 of the GST Act. The petitioner was granted liberty to deposit 10% of disputed tax and have bank attachment lifted upon fresh consideration of the case.

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• 2025 (5) TMI 1723
  Gujarat HC addressed a petition challenging a GST Act order challenging goods confiscation. The petitioners argued procedural irregularities in document issuance and incorrect statutory section application. The HC issued notice, questioning the validity of the original confiscation order and the legal basis for invoking Section 130 versus Section 129 of the GST Act.

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• 2025 (5) TMI 1722
  HC ruled against petitioner in GST return rectification case. The court found insufficient documentary evidence to support claimed corrections in tax returns. Assessing authority's rejection of rectification application was upheld due to lack of substantive proof. The court emphasized taxpayers must provide concrete evidence when seeking amendments to GST filings, and declined to interfere with the original tax assessment order.

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• Income Tax

• 2025 (5) TMI 1721
  SC dismissed SLP filed by Revenue due to 825-day delay in filing, which was not satisfactorily explained. The court rejected the petition on procedural grounds, emphasizing the importance of timely legal proceedings. All pending applications were also disposed of, effectively terminating the legal challenge.

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• 2025 (5) TMI 1720
  The SC upheld the ITAT's decision, rejecting the Revenue's challenge to the deletion of a Rs. 20.24 crore addition for alleged bogus transactions. The Court found that the AO's addition would result in double taxation since the income was already declared. The Court emphasized that merely identifying bogus transactions does not automatically justify rejecting accounting books or imposing additional tax. The Revenue's appeal was dismissed, affirming the principle against taxing the same income twice.

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• 2025 (5) TMI 1719
  HC invalidated a tax reassessment notice under Section 153C for AY 2019-20. The court found the Assessing Officer's satisfaction note lacked material evidence connecting the discovered information to the specific assessment year. The sole transaction referenced related to FY 2014-15, which could not justify reopening the assessment for AY 2019-20. Consequently, the notice was deemed legally unsustainable and set aside.

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• 2025 (5) TMI 1718
  The HC examined the validity of an income tax return scrutiny for AY 2016-17. The court found the selection invalid due to lack of prior administrative approval as mandated by CBDT Instruction No. 5/2017. Despite Revenue's arguments, the HC upheld the ITAT's decision, ruling that procedural non-compliance renders the assessment proceedings unsustainable. The assessment order was set aside, emphasizing strict adherence to prescribed scrutiny selection guidelines.

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• 2025 (5) TMI 1717
  SC held that the AO's assessment order was erroneous and prejudicial to revenue due to lack of verification of sundry creditors. The PCIT's revisionary powers under Section 263 were justified in directing a fresh assessment. The ITAT's reasoning was rejected, and the Court affirmed the PCIT's authority to order further inquiry beyond the original assessment's limitation period, based on statutory provisions allowing reassessment following Section 263 orders.

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• 2025 (5) TMI 1716
  HC quashed criminal prosecution under Section 276C(1) of Income Tax Act for alleged income concealment. The court found penalty proceedings invalid due to defective notices and lack of Assessing Officer's satisfaction. Since penalty and prosecution arose from same factual matrix, continuing prosecution was deemed an abuse of court process. The ruling emphasized natural justice principles and procedural fairness in tax-related legal proceedings.

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• 2025 (5) TMI 1715
  The SC examined the validity of Section 245HA(1)(iv) of the Income Tax Act, focusing on automatic abatement of Settlement Commission applications. The Court held that the cut-off date was arbitrary and read down the provision to limit abatement only to delays attributable to applicants. The HC's order was set aside, and the matter was remanded to the Settlement Commission for fresh consideration, ensuring procedural fairness and opportunity for the applicants to present their case.

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• 2025 (5) TMI 1714
  The Tribunal quashed the PCIT's revision order under section 263, finding no specific errors or prejudice to revenue in the AO's original assessment. The court held that general verification directions without concrete error findings are impermissible. The revision order was invalid as it amounted to an unauthorized change of opinion, and the AO had already conducted detailed inquiries and applied mind to the assessment.

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• 2025 (5) TMI 1713
  The SC analyzed section 68 of Income-tax Act regarding unsecured loans. The Tribunal found the assessee had sufficiently proved the identity, creditworthiness, and genuineness of loans from a corporate entity and its director. Despite procedural irregularities during assessment, the Tribunal deleted the tax additions, emphasizing substantive evidence over strict procedural compliance. The appeal was allowed, rejecting the Revenue's arguments of non-compliance.

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• 2025 (5) TMI 1712
  The SC/ITAT resolved a tax computation dispute involving excise duty's treatment in turnover calculation. The Tribunal ruled that excise duty must be excluded when determining tax rate applicability. With net turnover of Rs. 226.49 crores (after excluding excise duty), the company qualified for the lower 25% tax rate. The Tribunal overturned the lower authorities' decision, allowing the assessee's appeal and rectification petition.

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• 2025 (5) TMI 1711
  HC analyzed the taxability of amounts received by trustees upon relinquishing trusteeship in an educational trust. The court determined that the trustees' en bloc resignation and asset transfer were illegal and void. Consequently, the amounts received were not capital receipts but taxable as income from other sources. The tribunal rejected arguments for capital gains treatment, emphasizing the absence of legal authority for unilateral trusteeship relinquishment.

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• 2025 (5) TMI 1710
  SC ruled that the revisionary order under section 263 was invalid due to defective show cause notice and lack of conclusive findings on assessment erroneousness. The court found the AO conducted adequate enquiry during reassessment proceedings. The addition under section 68 was not justified as the assessee provided sufficient evidence about share capital transactions. The appeal delay was condoned, and the appeal was ultimately allowed, setting aside the tax authority's order.

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• 2025 (5) TMI 1709
  Tribunal resolved tax dispute involving payments from Indian Permanent Establishment to US Head Office. Determined payments constituted fees for technical services (FTS) under Income Tax Act and India-US DTAA. Ruled payments were taxable in India, subject to tax deduction at source (TDS) under section 195. Rejected assessee's arguments about reimbursement, upheld disallowance of expenses under section 40(a)(i). Appeal dismissed, confirming tax liability and demand.

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• 2025 (5) TMI 1708
  The SC/Tribunal examined the revisional powers under Section 263 of Income Tax Act, focusing on the doctrine of merger. The court held that when CIT(A) deleted an addition of alleged bogus share capital, the PCIT cannot initiate revision proceedings on related commission expenses. The revisional jurisdiction is restricted to matters not previously considered and decided in appeal, preventing conflicting quasi-judicial decisions. The appeal was allowed, quashing the PCIT's revisional order.

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• 2025 (5) TMI 1707
  AT allowed taxpayer's appeal, deleting transfer pricing adjustments totaling Rs. 68.38 crore across multiple issues. Key rulings include: validating internal comparable for interest rates, rejecting mechanical disallowances under R&D expense provisions, upholding depreciation on amalgamation-related goodwill, and confirming non-taxability of commission paid to non-resident agents. The decision substantially favored the taxpayer across transfer pricing, expense allocation, and tax deduction matters.

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• 2025 (5) TMI 1706
  ITAT addressed penalty levy under section 271(1)(c) for alleged bogus accommodation entries. The Tribunal upheld CIT(A)'s deletion of penalty, ruling that penalties cannot be imposed on estimated income additions, despite prima facie evidence of tax evasion involving paper companies. The SC and ITAT precedents support that estimated additions do not constitute deliberate concealment warranting penalty. Revenue's appeal was maintainable under CBDT circular for organized tax evasion cases.

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• 2025 (5) TMI 1705
  Legal Case Summary:The SC/Tribunal addressed key tax issues regarding derivative trading and speculative transactions under Income Tax Act, section 43(5). The court ruled that hedging transactions by traders are not speculative, covering both purchase and sale contracts. The tribunal rejected revenue's restrictive interpretation, finding the derivative transactions genuine hedging against price fluctuations. Compensation charges were deemed allowable business expenses. The decision affirmed broader interpretation of proviso (a), extending protection to merchants and manufacturers alike for hedging transactions.

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• 2025 (5) TMI 1704
  The SC/Tribunal addressed multiple tax-related issues involving an entertainment company's financial claims. Key outcomes include: (1) non-compete fee denied depreciation as an intangible asset, (2) TV serial production costs allowed as revenue expenditure, (3) film software library recognized for 25% depreciation, (4) section 14A disallowance to be recalculated, (5) marketing expense provisions remanded for verification, and (6) subscription revenue shortfall addition upheld. The Tribunal emphasized evidence-based assessment and strict adherence to accounting principles.

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• 2025 (5) TMI 1703
  Tribunal ruled that AO's addition of Rs. 37.84 crores as bogus purchases was unjustified. The assessee provided extensive documentary evidence proving purchase genuineness, including invoices, transport receipts, and bank statements. Non-response to section 133(6) notices was insufficient grounds for treating purchases as bogus. CIT(A)'s deletion of the addition was upheld, emphasizing that the onus to prove bogus purchases lies with the Revenue, not the assessee.

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• 2025 (5) TMI 1702
  The SC resolved a tax exemption dispute for an educational institution, holding that non-filing of income tax return does not disqualify exemption under section 10(23C)(vi) for AY 2017-18, as the mandatory return filing proviso was introduced only from AY 2023-24. The Court directed the Assessing Officer to allow exemption after considering the society's losses and agreed disallowances, and not apply section 115BBE.

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• Customs

• 2025 (5) TMI 1736
  Case Summary:The Tribunal examined penalties under the Customs Act related to EPCG scheme import conditions. It ruled that penalty under section 114A was improperly imposed due to lack of statutory ingredients and absence of duty determination under section 28. The Tribunal found no evidence of collusion or wilful misstatement, and emphasized that misrepresentation must be a patent distortion of facts. The appeal was allowed, setting aside the penalty, and the bond enforcement request was dismissed.

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• 2025 (5) TMI 1735
  SC ruled that imported goods (Crucible Pot, Pot Ring, Abrasive Belt, PVA Wheels, Bevelling Cone, and Refractories) qualify as 'capital goods' under Customs Notification No. 104/2009-Cus. The Tribunal found these items essential for manufacturing process and allowed utilization of Status Holder Incentive Scrips beyond the 10% limit. Consequently, the customs duty demand, interest, and penalty were set aside, and deposited amounts were deemed unwarranted.

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• 2025 (5) TMI 1734
  Tribunal examined the conversion of an export Bill from DFIA to DEPB scheme. Held the conversion legally valid, as previously approved by Customs Commissioner. Rejected penalties under Sections 112(a)(ii) and 114AA due to lack of evidence of fraud or misstatement. Found no suppression of facts or fabricated documents. Applied res judicata principle, barring re-litigation. Appeal allowed, penalties set aside.

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• 2025 (5) TMI 1695
  SC resolved key customs duty drawback issues for merchant exporters. The Court held that Customs Circular No. 35/2010-Cus. has retrospective effect, allowing exporters to claim 1% All Industry Rate (AIR) duty drawback on customs component even after availing central excise duty rebate. The Circular was deemed clarificatory, not creating new rights, and applicable to claims from 2008 onwards. The High Court's previous dismissal was overturned, affirming exporters' entitlement to the drawback.

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• PMLA

• 2025 (5) TMI 1694
  The SC granted bail to the appellant in a PMLA case involving an alleged question paper leak and money laundering. Despite the ED's opposition, the Court relaxed Section 45's stringent bail provisions, noting the ongoing investigation and lack of direct evidence. Bail was granted with conditions, allowing the prosecution to seek modification if new incriminating evidence emerges. The decision balances investigative interests with the accused's rights.

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• 2025 (5) TMI 1693
  HC dismissed anticipatory bail application under PMLA involving Rs. 18 crores financial transactions. Court applied strict Section 45 PMLA conditions, citing Supreme Court precedents on economic offences. Applicant's non-cooperation, substantial proceeds of crime, and ongoing investigation were key factors in rejecting bail. The ruling reinforces stringent judicial approach to anticipatory bail in money laundering cases.

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• 2025 (5) TMI 1692
  HC analyzed the legal framework of money laundering prosecution under PMLA, focusing on key principles of prosecuting individuals not directly named in scheduled offences. The court held that PMLA prosecution is independent of the predicate scheduled offence, allowing prosecution of persons involved in concealing or utilizing proceeds of crime, even if not originally accused. The court emphasized that PMLA proceedings can continue if scheduled offence investigation is ongoing, rejecting arguments that non-inclusion in original charge-sheet precludes money laundering prosecution.

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• 2025 (5) TMI 1691
  The SC/Tribunal addressed the conflict between SARFAESI Act and PMLA in a case involving fraudulent loans and property auction. The court upheld the secured creditor's rights to auction mortgaged properties prior to ED's attachment order. While confirming the fraudulent nature of loan proceeds, the tribunal maintained the auction sale and directed the creditor to deposit excess proceeds with ED for distribution to unsecured creditors.

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• 2025 (5) TMI 1690
  The Appellate Tribunal upheld the Enforcement Directorate's order freezing assets and seizing records related to an offshore company. The tribunal found no violation of natural justice, determining that the appellants were aware of the complaint and had access to relevant documents. The order for asset retention was confirmed, subject to the final outcome of the ongoing prosecution, based on evidence of undisclosed foreign assets and beneficial ownership.

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• Central Excise

• 2025 (5) TMI 1689
  The SC examined the validity of a Cenvat credit demand based on uncorroborated supplier statements. The court found the revenue's case unsustainable, ruling that the appellant, as a bona fide purchaser with proper documentation and statutory compliance, was entitled to credit. The court rejected the extended limitation period and emphasized the need for corroborative evidence, allowing the appellant's appeal and setting aside the original demand.

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• 2025 (5) TMI 1688
  The Tribunal dismissed applications for rectification of a final order in a central excise case. The key issues involved penalty quantification, trademark ownership documentation, and the permissibility of rectification applications. The Tribunal found no error apparent on the record, ruling that the applications were impermissible attempts to review the original order. The penalty amounts were deemed proportionate, and the lack of detailed findings did not constitute a reviewable error.

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• 2025 (5) TMI 1687
  The Tribunal allowed the appeal, holding that materials used to manufacture packing materials for export goods qualify as inputs under CENVAT Credit Rules. The appellant's use of MS Rounds, Tor, angles, and other materials to create export packaging was deemed legitimate. Despite using only 2,000 MT of inputs for 40,000 MT of exports, the Tribunal found no substantive grounds to disallow CENVAT credit, rejecting revenue's arguments and setting aside demands for credit recovery and penalties.

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• 2025 (5) TMI 1686
  The Tribunal ruled that Aluminium Dross is not excisable under the Central Excise Act, 1944. Despite being marketable and sold for monetary consideration, the waste product does not qualify as a manufactured good under Section 2(f). Relying on SC and HC precedents and CBEC Circulars, the Tribunal held that waste products arising during manufacture cannot be subjected to excise duty, thus dismissing the Revenue's appeal.

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• Indian Laws

• 2025 (5) TMI 1685
  SC reviewed discharge orders in a criminal case involving allegations of conspiracy, cheating, and forgery in agricultural procurement. The court held that lower courts improperly considered defense-invited documents at the charge-framing stage under section 239 CrPC. The SC set aside discharge orders, directing the special court to reassess charges based solely on prosecution's original chargesheet, without conducting a mini-trial or evaluating defense evidence prematurely.

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