Finance, made simple.

Supreme Court rules ancestral property claims need proof of a joint family nucleus

The Supreme Court has clarified the legal requirements for claiming a share in ancestral property. Claimants must establish the existence of a joint family nucleus with sufficient joint property before seeking partition. This ruling provides clear guidelines for handling complex property disputes across the country.

Effective Not specified in the update

For professionals: Practitioners must advise clients to gather robust documentary evidence proving the presence of a joint family nucleus before initiating partition proceedings. · Legal professionals, tax advisors, and estate planners must meticulously examine family asset histories and historical records when clients initiate property partition proceedings.

Open for the full story →

Supreme Court rules prosecution must prove guilt independently without relying on Section 106

The Supreme Court has ruled that Section 106 of the Evidence Act cannot relieve the prosecution of its primary duty to prove guilt. Authorities must independently establish every element of a charge before shifting the evidentiary burden to the defense.

Effective Not specified in the update

For professionals: Section 106 of the Evidence Act cannot be used as a substitute for the fundamental obligation of the prosecution to establish guilt independently. · The prosecution must first discharge its primary onus by bringing forth cogent and reliable evidence before the narrow exception under Section 106 applies requiring the defense to explain facts specifically within its exclusive knowledge. · The cardinal rule of criminal and quasi-criminal litigation places the burden of proof squarely on the state throughout the proceedings.

Open for the full story →

CESTAT sets aside an excise demand of ₹19.94 crore over unverified digital evidence

The tribunal quashed a major excise duty demand because the digital storage device used as proof lacked a valid certification under the Evidence Act. Adjudicating authorities cannot rely on electronic records without meeting mandatory admissibility safeguards. Tax professionals must ensure proper compliance when handling digital evidence in disputes.

Effective Not specified in the update

For professionals: The CESTAT set aside a ₹19.94 crore excise demand because the revenue department relied on uncertified pen-drive records lacking the mandatory certificate under Section 35A of the Central Excise Act, 1944, read with the Indian Evidence Act. · Tax practitioners can use this precedent to challenge arbitrary tax assessments that depend entirely on uncertified digital data retrieved during investigations. · Professionals should advise clients that procedural safeguards around the admissibility of electronic evidence act as a critical shield against unsubstantiated digital extracts used to impute clandestine removals.

Open for the full story →

CESTAT sets aside ₹13.06 crore excise tax demand backed by uncertified digital logs

The customs and excise appellate tribunal has dismissed a substantial tax demand against an assessee. The ruling emphasizes that electronic printouts lacking mandatory statutory validation cannot serve as valid legal evidence for tax liabilities. Finance professionals must ensure strict documentary compliance during departmental audits.

Effective Not specified in the update

For professionals: The Customs, Excise and Service Tax Appellate Tribunal quashed an excise duty demand of ₹13.06 crore based on uncertified computer records. · Revenue authorities cannot legally sustain tax liabilities derived solely from unauthenticated electronic logs without proper verification and certification under relevant evidence laws.

Open for the full story →

Orissa High Court Allows Operational Steel Plants Attached Under Prevention of Money Laundering Act

The Orissa High Court has granted permission for the continued operation of steel manufacturing units previously attached under the Prevention of Money Laundering Act. This conditional clearance ensures industrial activity continues while legal proceedings remain active. Strict operational safeguards have been put in place to monitor compliance.

Open for the full story →

CESTAT Kolkata Rules Clandestine Removal Allegations Require Strong Corroborative Proof

CESTAT Kolkata set aside an excise demand, ruling that allegations of clandestine removal must be supported by corroborative evidence. Assumptions regarding hidden production cannot replace concrete proof.

Open for the full story →

Tribunal sets aside massive excise demand lacking mandatory computer data certification

The appellate tribunal has cancelled a tax liability exceeding forty-nine crore rupees because the department relied on electronic printouts that lacked statutory certification. Adjudicating authorities cannot sustain tax demands based on computer records without meeting specific evidentiary requirements under the law. Tax professionals must ensure strict adherence to procedural prerequisites when managing electronic evidence during departmental litigation.

Open for the full story →

Bombay High Court confirms revision authority under section 263 for unverified under-invoicing matters

The Bombay High Court has sustained a revision order issued under Section 263 concerning unexamined under-invoicing issues. The court confirmed that tax authorities can intervene when assessing officers fail to investigate critical valuation details. This judgment emphasizes the necessity of thorough scrutiny during income tax assessments.

Open for the full story →

Delhi tribunal dismisses excise duty demand relying exclusively on production ratios

The Delhi bench of CESTAT has set aside an excise duty demand that was raised purely on the basis of production ratios recorded in ER-5 returns. The tribunal emphasized that tax demands cannot be sustained without tangible evidence of actual clandestine removal of goods. This ruling offers relief to manufacturers facing similar arbitrary assessments.

Open for the full story →

CESTAT Chandigarh invalidates consecutive customs valuation revision and penalties on secondhand equipment imports

The Chandigarh bench of CESTAT has canceled a second customs valuation and associated penalties imposed on used machinery imports. This ruling provides relief to importers facing repeated valuation challenges from revenue authorities. The decision clarifies administrative limits on reassessing import values.

Open for the full story →

New Bengaluru to Mumbai Vande Bharat sleeper service cuts travel time to sixteen hours

The newly introduced Bengaluru-Mumbai Vande Bharat Sleeper completes the trip in approximately 16 hours, saving 6 to 12 hours compared to traditional trains like Udyan, Chalukya, and Coimbatore expresses. While air travel takes under two hours with fares ranging from Rs 5,000 to Rs 10,000 or more, the sleeper bridges the gap with a 3AC fare priced near Rs 2,700 to Rs 3,000.

Open for the full story →

Flipkart affirms commitment to corporate governance amid reports regarding parent company Walmart's internal inquiry

Flipkart has issued a statement emphasizing its dedication to ethical business practices and robust corporate governance following reports of a Walmart probe into alleged employee kickbacks. The company reiterated that integrity and compliance are non-negotiable pillars of its operations. Investigations of this nature target internal procedural adherence.

Open for the full story →