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Archive: 17 July 2025

Posts in 17 July 2025

Reopening Quashed: AO Relied on Investigation Wing Without Applying Mind

July 17, 2025 834 Views 0 comment Print

Amritsar ITAT sets aside reassessment against Bhai Industries Pvt. Ltd., citing lack of independent AO application of mind and denial of cross-examination in bogus purchases case.

Reopening u/s 147 Invalid as AO Acted Solely on Investigation Wing’s Info: ITAT Amritsar

July 17, 2025 630 Views 0 comment Print

ITAT Amritsar overturns Holy Faith International’s reassessment, citing AO’s failure to independently apply mind on external info and denial of cross-examination.

Contribution to assets of Corporate Debtor directed as business carried with fraudulent intention

July 17, 2025 369 Views 0 comment Print

NCLAT Delhi held that direction of making contribution to the assets of Corporate Debtor upheld as person knowingly carried on the business of Corporate Debtor with intent to defraud creditors or for fraudulent purpose.

Attachment under PMLA cannot be undone because of CIRP

July 17, 2025 1182 Views 0 comment Print

NCLAT Delhi held that section 238 of the Insolvency & Bankruptcy Code, 2016 [IBC] cannot override the Prevention of Money Laundering Act, 2002 [PMLA]. Thus, attachment under PMLA cannot be undone merely because CIRP is ongoing.

Patna HC Quashes Ex Parte GST Order on Due Process Lapses

July 17, 2025 540 Views 0 comment Print

Patna High Court sets aside GST assessment against Shree Shyam Trading Co., citing lack of personal hearing and improper notice service.

Import of goods based on fraudulently obtained IEC are liable for confiscation

July 17, 2025 522 Views 0 comment Print

CESTAT Delhi held that goods imported by fictious firms using fraudulently obtained IEC are liable for confiscation even if the said goods are not prohibited or restricted as per foreign trade policy. Accordingly, appeal of the assessee dismissed.

Mesne Profit is capital receipt hence not taxable: ITAT Mumbai

July 17, 2025 921 Views 0 comment Print

The assessee is a cooperative housing society located in Vile Parle, Mumbai and has been deriving rental income from commercial premises on the ground floor and partly in the basement. Notably, total amount of Rs. 2.40 Crores was granted by the Small Causes court as Mesne Profits to the assessee’s society.

Repeated RTI Queries Already Addressed; IBBI Dismisses RTI Appeal

July 17, 2025 186 Views 0 comment Print

IBBI’s First Appellate Authority dismisses Kairav Anil Trivedi’s RTI appeal for internal documents, citing previous information provision

RTI Appeal Dismissed: Access Limited to Public Records

July 17, 2025 300 Views 0 comment Print

IBBI dismisses RTI appeal, clarifies access under RTI Act is limited to information held or controlled by public authority, subject to statutory exemptions.

Capital gain on sale of equity-oriented mutual fund not taxable under India-Mauritius DTAA

July 17, 2025 678 Views 0 comment Print

Assessee is a foreign company and a tax resident of Mauritius. The assessee is carrying on investment activity in India by way of investments in shares and debentures of Indian companies through recognized stock exchanges in India.

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