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Archive: 23 September 2025

Posts in 23 September 2025

Facts of the case (SICPA India Private Limited vs. GST Authorities)

September 23, 2025 1224 Views 0 comment Print

Sikkim High Court denies a company’s plea for a GST refund on unused ITC after business closure, citing statutory limitations under Section 54(3).

Section 62 of Bombay Sales Tax Act empowers Tribunal to rectify glaring error

September 23, 2025 366 Views 0 comment Print

Bombay High Court held that Section 62 of the Bombay Sales Tax Act empowers the Tribunal to rectify glaring error. Thus, earlier order which ignored binding precedents can be rectified. Writ disposed of accordingly.

Suspended directors having 51% equity in Corporate Debtor cannot claim to be unaware about initiation of CIRP

September 23, 2025 627 Views 0 comment Print

NCLAT Delhi held that suspended directors, who invested about 5.5 crores and having 51% equity in Corporate Debtor, cannot claim that they were not aware about initiation of CIRP. Accordingly, observation of Adjudicating Authority that Suspended Board of Directors of the Corporate Debtor were not cooperating with the IRP/RP/Liquidator was justifiable.

Bombay Sales Tax Act empowers Tribunal to modify order of part payment passed in First Appeal

September 23, 2025 432 Views 0 comment Print

Bombay High Court held that having regard to the provisions of Section 55(6) of the Bombay Sales Tax Act, 1959, the Tribunal, acting as an Appellate Authority, certainly had powers to modify the order of part payment passed in First Appeal while hearing the Second Appeal.

Penalty u/s. 112 of Customs Act quashed as appellant’s role in over-invoicing not proved with corroborative evidence

September 23, 2025 984 Views 0 comment Print

CESTAT Kolkata held that penalty cannot be imposed merely on the basis of assumption and presumptions. Accordingly, imposition of penalty u/s. 112(a) of the Customs Act set aside in absence of corroborative evidence proving appellant’s role in mis-declaration/ over-invoicing.

Matter remanded as petitioner was unaware about GST notice uploaded on GST portal

September 23, 2025 543 Views 0 comment Print

Madras High Court held that petitioner failed to reply since GST show cause notice was only uploaded on the GST portal and petitioner was unaware about the same. Accordingly, impugned order is quashed and the matter is remanded to respondent for fresh consideration.

Reassessment notice u/s. 148 without DIN is invalid and non-est

September 23, 2025 1155 Views 0 comment Print

ITAT Chennai held that reassessment notice under section 148 of the Income Tax Act without mandatory Document Identification Number [DIN] is invalid, non-est and hence liable to be quashed. Accordingly, assessment order thereon also collapses.

MCA imposes Penalty for record date and allotment errors in a rights issue

September 23, 2025 1599 Views 0 comment Print

ROC Ahmedabad adjudicated penalties on a company and its directors for minor record date and allotment errors in a rights issue. The ruling highlights that voluntary correction and good corporate governance can mitigate penalties.

ITAT Mumbai Rejects Carry Forward Loss Due to 10-Day Delay Despite Medical Hardship

September 23, 2025 510 Views 0 comment Print

Tribunal rules that Mtitanium Apartments cannot claim ₹1.10 crore brought forward business losses as the income tax return for AY 2023-24 was filed late, despite medical hardship.

Sticker No Longer Mandatory After GST Cut: Centre Tells Karnataka HC

September 23, 2025 2352 Views 1 comment Print

The government has made re-stickering of products with revised MRPs optional following GST rate cuts, prioritizing transparent billing over physical changes.

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