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Archive: 13 September 2025

Posts in 13 September 2025

Claim not forming part of resolution plan stands extinguished: ITAT Hyderabad

September 13, 2025 543 Views 0 comment Print

ITAT Hyderabad held that once the resolution plan is approved by the NCLT and the Company has been sold on going concern basis, whatever claims made before the Liquidator is final and all past or existing liabilities shall extinguish. Accordingly, matter restored back to re-examine claim made before liquidator.

Statutory right of Financial Creditor u/s. 7 of IBC cannot be curtailed due to pending OTS proposal

September 13, 2025 465 Views 0 comment Print

Held that the statutory right of a Financial Creditor bestowed u/s. 7 of the ‘IBC’ cannot be curtailed to any ‘Inter-Creditor Agreement’ or Consortium agreement executed between the lender banks, as the same was only for regulating the inter se affairs of the consortium and the OTS proposal cannot be claimed by a borrower as a matter of right.

Revenue Must Prove Cash Withdrawals Were Spent – No 60% Tax for AY 2017-18

September 13, 2025 510 Views 0 comment Print

The ITAT in Surya Kant Gupta vs. ITO deleted an income addition, ruling that cash withdrawals can explain deposits and the 60% tax rate doesn’t apply retrospectively.

EOW Must Probe GSTIN Misuse and Impersonation: Delhi HC

September 13, 2025 3885 Views 0 comment Print

Delhi High Court rules that the EOW is the correct agency to investigate GSTIN misuse and impersonation, not merely forward complaints to GST authorities.

Delhi HC clarifies GST Order Validity, Email Service & Consolidated SCNs 

September 13, 2025 1002 Views 0 comment Print

Delhi High Court rules on GST: delayed DRC-07 upload doesn’t void orders, email service is valid, and consolidated SCNs for fraud cases are permitted.

Section 115BBE cannot be applied without fixing addition under charging provisions

September 13, 2025 921 Views 0 comment Print

ITAT Delhi held that applicability of section 115BBE of the Income Tax Act without initially fixing the addition under any of the charging provisions i.e. section 68, 69, 69A, 69B, 69C and 69D of the Income Tax Act is not tenable in the eye of law. Accordingly, appeal allowed.

FAQs on Price Revision After GST Rate Cuts 2.0 w.e.f. 22nd September 2025

September 13, 2025 24123 Views 2 comments Print

A summary of new rules for businesses regarding GST rate changes. Learn about mandatory MRP revisions, compliance, and legal obligations after GST 2.0.

SC Quashes False Rape Case: Frames Guidelines for HCs to Quash Frivolous Complaints

September 13, 2025 1125 Views 0 comment Print

The Supreme Court establishes a 4-step test for High Courts to quash frivolous criminal complaints, citing a false rape case and the need to prevent abuse of the legal process.

One-Size-Fits-All Approval Invalid – Absence of Mindful 153D Approval Vitiates Entire Assessment

September 13, 2025 705 Views 0 comment Print

The ITAT Delhi quashed a tax assessment against Melody Enterprises, ruling that the approval granted under Section 153D was mechanical, invalid, and lacked proper scrutiny.

ITAT Delhi Quashes Reassessment for Lack of Jurisdiction – Notice by Wrong AO Invalid

September 13, 2025 639 Views 0 comment Print

ITAT Delhi quashes a reassessment for Sulekh Chand Jain, holding that the Rohtak Assessing Officer lacked territorial jurisdiction, making the proceedings invalid.

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