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Archive: 02 August 2025

Posts in 02 August 2025

Intervention application under IBC filed beyond three years is time barred

August 2, 2025 291 Views 0 comment Print

NCLAT Delhi held that application for intervention filed under section 59(7) of the Insolvency and Bankruptcy Code, 2016 [IBC] beyond the period of limitation of three years is time barred.

Double taxation is prohibited hence extraordinary jurisdiction under Article 226 and 227 invoked

August 2, 2025 330 Views 0 comment Print

Orissa High Court entertained writ invoking extraordinary jurisdiction under Article 226 and 227 of the Constitution since tax is being assessed twice on the same transaction and double taxation is prohibited. Accordingly, order set aside.

Arbitration order is non-jurisdictional as passed by Court exercising ordinary civil jurisdiction and not Commercial Court

August 2, 2025 498 Views 0 comment Print

Calcutta High Court held that application u/s. 34 of the Arbitration and Conciliation Act, 1996 decided by Court exercising ordinary original civil jurisdiction and not a Commercial Court inasmuch as the dispute between the parties is a commercial dispute is without jurisdiction.

Reassessment notice quashed as faceless procedure not followed

August 2, 2025 1923 Views 1 comment Print

Telangana High Court held that initiation of reassessment proceeding by issuance of notice without following faceless procedure is bad-in-law. Accordingly, notice issued u/s. 148A and section 148 of the Income Tax Act cannot be sustained.

Unreported Cenvat Credit doesn’t lapse due to non-reporting in return: CESTAT Mumbai

August 2, 2025 573 Views 0 comment Print

CESTAT Mumbai held that unreported cenvat credit doesn’t lapse merely the same is not shown in ST-3 return. Thus, denomination as anything other than procedural lapse in not reporting the existence of such credit, the impugned order cannot survive.

ITR-3 Reporting For Regime Change: Rules, Forms & Scenarios

August 2, 2025 21930 Views 5 comments Print

Learn how to report tax regime changes in ITR-3 for AY 2025–26 using Form 10-IEA. Includes rules, filing steps, and common taxpayer scenarios.

Nature of allegations of tax evasion and corruption cannot be said to be Public Interest Litigation

August 2, 2025 603 Views 0 comment Print

Jharkhand High Court held that nature of allegations of disproportionate assets beyond known source of income, corruption and various illegal action against Hon’ble Member of Parliament cannot be said to be Public Interest Litigation. Accordingly, writ dismissed.

Delhi ITAT Upholds Exemption u/s 12A and 80G(5)- Despite Interest Payments at Higher rates to related parties

August 2, 2025 669 Views 0 comment Print

The Delhi ITAT has restored tax exemptions for Educate India Society, ruling that higher interest payments to related parties were a commercial necessity and not an undue benefit.

Addition u/s. 68 merely relying on retracted statement cannot be sustained

August 2, 2025 639 Views 0 comment Print

ITAT Mumbai held that addition under section 68 towards unsecured loans merely relying on retracted statement cannot be sustained. Accordingly, order of CIT(A) upheld and appeal of revenue is dismissed.

Bombay High Court Directs MahaRERA to Restore Hybrid Hearings

August 2, 2025 906 Views 0 comment Print

The Bombay High Court directs MahaRERA to restore hybrid hearings and create transparent processes, citing a Supreme Court precedent on access to justice.

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