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Bombay High Court Allows Writ Petition Challenging Provisional Attachment Orders Under CGST Act — Circular Read Down to Mandate Recording of Reasons. Attachment Orders Quashed for Non-Recording of Reasons Under Section 83 of Central Goods and Services Tax Act, 2017 and Rule 159(1) of CGST Rules.

The petitioner, Originative Trading Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging the validity of ...

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Bombay High Court Allows Interest on Delayed Refund of CENVAT Credit Under Section 11BB of Central Excise Act, 1944. Petitioner entitled to interest from expiry of three months from date of refund application till actual refund.

The petitioner, Qualcomm India Private Limited, a company incorporated under the Companies Act, 1956, is engaged in providing support services to its ...

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Bombay High Court Allows Writ Petition Challenging Rejection of Scheduled Tribe Caste Claim. Court holds that the Scrutiny Committee failed to consider relevant documents and applied incorrect standards, directing reconsideration of the petitioner's Thakur tribe claim.

The petitioner, Subodh Digambar Donge, filed a writ petition challenging the order dated 9 July 2019 of the Scheduled Tribe Certificate Scrutiny Commi...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...

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Bombay High Court Dismisses Writ Petition Against Settlement Commission's Interest Order Under Customs Act. Settlement Commission Directed Interest Under Section 28AB After Amendment Removed Power to Grant Immunity; Court Holds Mandatory Interest and No Jurisdiction to Waive.

The dispute concerned the power of the Settlement Commission to grant immunity from interest under the Customs Act, 1962 after its amendment in 2007. ...

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Supreme Court Reverses High Court Judgment in SARFAESI Act Case Due to Non-Compliance and Limitation. Bank's Auction Sale Upheld as Borrower's Challenge Was Time-Barred and Requests Did Not Trigger Statutory Obligations Under Section 13(3A) of SARFAESI Act, 2002.

The dispute arose from proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SAR...