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Archive: 27 September 2025

Posts in 27 September 2025

Initiation of proceedings under GST post approval of resolution plan cannot be sustained

September 27, 2025 498 Views 0 comment Print

Gujarat High Court held that post approval of resolution plan, there could be no occasion whatsoever for department to issue notices. Accordingly, GST notices issued alleging wrong claim of ITC quashed and set aside.

Termination of concession agreement not co-related with default in repayment of dues

September 27, 2025 711 Views 0 comment Print

NCLAT Delhi held that termination of concession agreement has no relation with default in repayment of dues of the Financial creditor. Accordingly, application u/s. 7 of IBC rightly admitted against Supreme Manor Wada Bhiwandi Infrastructure Pvt. Ltd. [Corporate Debtor] as debt and default established.

ITAT Chandigarh Dismisses Appeal as Withdrawn After Assessee Opts for Vivad Se Vishwas

September 27, 2025 285 Views 0 comment Print

Tribunal noted that the assessee received Form 3 under the Direct Tax Vivad Se Vishwas Act, 2020, and accordingly dismissed the pending appeal as withdrawn.

Inquiry report under Regulation 17 quashed as submitted beyond 90 days

September 27, 2025 765 Views 0 comment Print

Madras High Court held that inquiry report under Regulation 17 of the Customs Brokers Licensing Regulation, 2018 [CBLR] submitted beyond the period of 90 days is against mandate provided under sub-Regulation (5) of Regulation 17 hence inquiry report is illegal, arbitrary and barred by limitation.

Time limit of six years is reasonable for passing order u/s. 201 of Income Tax Act

September 27, 2025 2394 Views 0 comment Print

Madras High Court held that time limit of six years is reasonable time for passing of order under section 201 of the Income Tax Act in respect of non-residents. Accordingly, order impugning assessment years beyond six years is set aside.

Disallowance on basis that ESOP expenses is contingent in nature cannot be sustained

September 27, 2025 699 Views 0 comment Print

ITAT Mumbai held the disallowance on basis that the ESOP expenses is contingent in nature cannot be sustained. However, amount claimed as expenditure, the basis of allocation of ESOP cost by GSGI etc., needs to be factually examined. Hence, matter remanded.

GST ITC Eligibility: Can Buyers Be Denied Credit if Supplier Defaults on Tax?

September 27, 2025 26559 Views 1 comment Print

Section 16(2)(c) of the CGST Act makes Input Tax Credit (ITC) conditional on the supplier actually paying the tax to the government. Judicial precedents from High Courts emphasize that a buyer’s bona fide claim can’t be denied solely due to the supplier’s default, especially without proving fraud or collusion.

RTI Findings on NCLT/NCLAT Functioning, Vacancies & Transparency

September 27, 2025 3078 Views 0 comment Print

RTI inquiry into NCLT/NCLAT reveals member vacancies, lack of consolidated case data, and opaque appointments, highlighting need for tribunal reforms.

Delhi HC Calls for Uniform Civil Code, Grants Bail in Minor Marriage Case

September 27, 2025 672 Views 0 comment Print

Delhi High Court, in granting bail to Hamid Raza, highlights conflict between personal laws and criminal law, urging need for Uniform Civil Code in India.

GST 2.0: A Game Changer for FMCG & Consumer Products (From 22nd September 2025)

September 27, 2025 2670 Views 0 comment Print

GST 2.0 cuts tax on packaged food to 5% and exempts staples like bread, milk, and paneer from Sep 22, 2025, aiming for price reductions and demand volume growth in the FMCG sector.

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