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Archive: 04 September 2025

Posts in 04 September 2025

No addition u/s 68 and 69C for Penny Stock case without any evidence

September 4, 2025 792 Views 0 comment Print

Mere involvement in a flagged scrip, in absence of concrete evidence of manipulation or unaccounted funds, could not justify taxing bonafide transactions. Therefore, the additions under sections 68 and 69C were unsustainable.

Banks Can Classify Accounts as Fraud During CIRP: NCLT

September 4, 2025 1353 Views 0 comment Print

The NCLT Mumbai has ruled that Section 14 of the IBC does not prevent banks from classifying a company’s account as fraud, even while the Corporate Insolvency Resolution Process (CIRP) is pending. The tribunal dismissed a petition by the Resolution Professional of Rolta India.

ITAT Condones Tax Appeal Delay Due to Illiteracy & Auditor Miscommunication

September 4, 2025 660 Views 0 comment Print

ITAT Bangalore condones a 349-day delay in a tax appeal, citing the assessee’s illiteracy and issues with his former auditor’s email. The case is sent back for fresh assessment.

Karnataka HC Quashes Permission for Additional Written Statement in Old Suit

September 4, 2025 285 Views 0 comment Print

In a case pending since 2009, Court held trial court wrongly allowed fresh plea at argument stage; clarified plaintiff may argue contentions before final decision.

Madras HC Quashes GST DRC 01D Order, Directs Proper Tax Appropriation

September 4, 2025 453 Views 0 comment Print

In the case of LRS and Co., the Madras High Court ruled that a GST demand order (DRC-01D) must be quashed once the full dues are paid. The court ordered the State Tax Officer to pass a new order for proper appropriation and refund any excess payment.

Delhi HC Extends Arbitral Tribunal Mandate Despite CIRP of One Party

September 4, 2025 660 Views 0 comment Print

The Delhi High Court has granted an extension for an arbitral tribunal’s mandate, even after the 12-month period expired, citing a Supreme Court precedent and a pending corporate insolvency case.

Mere delay in uploading demand order in Form DRC-07 on GST Portal didn’t make action time barred if served via email

September 4, 2025 630 Views 0 comment Print

When there were 650 noticees, obviously, the generation of DRC-07 for each of the noticees could take some reasonable time so long as the order had been communicated through e-mail or post or other modes as contained in Section 169 of the CGST Act.

Higher Surcharge on Income Below ₹50 Lakh Struck Down by ITAT Mumbai

September 4, 2025 435 Views 0 comment Print

he ITAT Mumbai ruled in favor of NK Infra JV a partnership firm directing the removal of a 37% surcharge and cess incorrectly levied by the CPC on an income below the ₹50 lakh threshold.

Delhi HC Transfers Winding-Up Petition to NCLT Under Companies Act

September 4, 2025 591 Views 0 comment Print

The Delhi High Court has transferred a winding-up petition against Madhusudan Auto Limited to the NCLT, aligning with a Supreme Court ruling on jurisdiction.

Chhattisgarh HC Denies Bail in ₹5.53 Crore Multi-Firm Fake Invoice GST Fraud

September 4, 2025 696 Views 0 comment Print

Chhattisgarh High Court rejects bail for Anush Kumar Gangwani in a ₹5.53 crore GST fraud case, citing ongoing investigation and severity of the economic offense.

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