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Archive: 04 October 2025

Posts in 04 October 2025

NCLAT allowed majority shareholders to purchase company property after directors violated interim order restraining its sale

October 4, 2025 1050 Views 0 comment Print

The subsequent Agreement to Sell and the Tripartite Agreement entered into without the prior leave of the Tribunal, and without informing or involving the majority shareholders or the Board of the Company, suffered from procedural impropriety and lack of authority.

ITAT Nagpur Deletes Unexplained Investment Addition in Penny Stock Case

October 4, 2025 384 Views 0 comment Print

The ITAT Nagpur allowed the appeal of Bhivraj Mohanlal Jain, deleting the unexplained investment addition of lakhs under Section , ruling that the transactions were genuine intraday trading resulting in a marginal profit.

NCLAT Rejects Appeal: 17-Day Delay Exceeds IBC 15-Day Limit

October 4, 2025 741 Views 0 comment Print

NCLAT Delhi rejected an appeal under IBC Section 61(2), ruling it lacked jurisdiction to condone the 17-day delay, as the statutory limit for condonation is strictly 15 days.

ITAT Ahmedabad Quashes Reassessment Based on Unverified Vague Portal Data

October 4, 2025 1035 Views 0 comment Print

ITAT Ahmedabad ruled that reopening an assessment u/s 147 is invalid if based on general, unverified portal information lacking a “live link” to the assessee’s escaped income. Case dismissed.

CESTAT Refers Appeal to President Due to Multiple Benches Hearing Same Order

October 4, 2025 543 Views 0 comment Print

CESTAT Chennai refers appeal to President for a Special Bench, finding the same Customs order was challenged across multiple Benches, invoking the principle of comity.

Taxpayers who filed replies but missed personal hearings can pursue GST appeals – Writ dismissed

October 4, 2025 1278 Views 0 comment Print

Court ruled that despite challenges to GST Notifications, taxpayers who filed replies but missed personal hearings can pursue appeals under Section 107. The judgment highlights the importance of procedural fairness without preempting the Supreme Court’s review.

Assessee Must Use Appellate Remedy, Not Writ, Against Income Tax Notices: Delhi HC

October 4, 2025 714 Views 0 comment Print

Delhi HC dismissed a writ against a reassessment order, citing the Supreme Court’s Chhabil Dass Agarwal precedent, directing the taxpayer to use the statutory appeal remedy before the CIT(A).

EDC Charges to HUDA Are Not Rent, No TDS Required: Delhi HC

October 4, 2025 1017 Views 0 comment Print

Delhi HC ruled that External Development Charges (EDC) paid to HUDA are not “rent” u/s 194−I, dismissing the Revenue’s appeal against SS Group Pvt. Ltd. No TDS liability confirmed.

Interconnect Service Payments Not Royalty: Karnataka HC

October 4, 2025 393 Views 0 comment Print

Karnataka High Court upheld its earlier decision that payments for interconnect services to non-resident telecom operators do not constitute “Royalty” under the Income Tax Act.

Delhi HC Waives Pre-Deposit for GST Appeal Citing Prima Facie Error in ITC Dispute case

October 4, 2025 5943 Views 0 comment Print

The Delhi High Court allowed Heal Health Connect Solutions to appeal a GST demand order without pre-deposit, citing a prima facie error in denying ITC under Section 16(4) despite the extended limit under Section 16(5).

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