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Archive: 22 July 2025

Posts in 22 July 2025

No addition of LTCG on sale of immovable property as CIT(A)’s order lacks proper reasoning

July 22, 2025 669 Views 0 comment Print

CIT(Appeals) failed to admit the additional evidences which went to the root of the matter for determining the issue of taxability of long term capital gains as was made by AO ignoring the submissions of assessee. Therefore, the case was remanded to AO for fresh assessment, with liberty to assessee to furnish evidence.

Delhi HC Grants Interim Relief on GST Penalty Retrospective Application

July 22, 2025 807 Views 0 comment Print

Delhi High Court provides interim relief, stating GST penalty under Section 122(1A) cannot be applied retrospectively for pre-2021 transactions.

ITAT Quashes Assessment Without Fresh notice u/s 148

July 22, 2025 1086 Views 0 comment Print

ITAT Pune quashes assessment where AO shifted grounds without fresh notice u/s 148. Reinforces need for proper procedure in reassessments.

Section 52 IBC: Relinquish or realize security interest by secured creditor under liquidation

July 22, 2025 1623 Views 1 comment Print

Understand secured creditor rights under IBC Section 52 during liquidation: relinquish security to the estate or realize independently. Learn procedures and obligations.

Entire addition towards bogus purchases not justifiable: Gujarat HC

July 22, 2025 1095 Views 0 comment Print

Gujarat High Court held that entire addition towards bogus purchases not justifiable accordingly, addition at the rate of 6% of the bogus purchases is fair and reasonable. Accordingly, appeal of revenue dismissed.

Section 7 application admissible as default occurred beyond outer limit of section 10A of IBC

July 22, 2025 291 Views 0 comment Print

NCLAT Delhi held that default occurred on 25th March 2023 which is well beyond the outer limit of section 10A of the Insolvency and Bankruptcy Code, 2016 which squarely brings the claim within the permissible scope of Section 7 of the IBC. Thus, admission of section 7 application justified.

NCLAT Allows Fresh Form ‘G’ & EoIs, CIRP to Be Completed Timely

July 22, 2025 912 Views 0 comment Print

NCLAT Chennai held that resolution professional is permitted to issue fresh Form G and to invite Expression of Interest (EoI) from new and interested eligible Prospective Resolution Applicants subject to the stipulations that the CIRP process has to be completed in a time bound manner.

Madhya Pradesh Entry Tax leviable on sale of goods to State Warehouse: SC

July 22, 2025 339 Views 0 comment Print

Supreme Court held that entry tax u/s. 3 of the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 [Madhya Pradesh Entry Tax Act] is leviable on sale of goods to State Warehouse. Accordingly, civil appeals are dismissed.

Internal CUP Most Appropriate for ALP in Captive Power Plant Transaction: Calcutta HC

July 22, 2025 438 Views 0 comment Print

Calcutta High Court held that internal Comparable Uncontrolled Price [CUP] is most appropriate method in determining Arm’s Length Price [ALP] for sale of power by Captive Power Plant to non-eligible units of the assessee. Accordingly, appeal of revenue dismissed.

Fixed AC Charges Form Part of Rent; Premises Tenancy Act Not Applicable: Calcutta HC

July 22, 2025 576 Views 0 comment Print

Calcutta High Court held that fixed monthly AC charges is an essential component of “rent” thus rent goes beyond the ceiling limit and thus is excluded from the purview of the West Bengal Premises Tenancy Act, 1997. Hence, appellant is entitled to a decree of eviction.

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