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Archive: 10 October 2025

Posts in 10 October 2025

GST Orders quashed as reasonable opportunity to cross examine witnesses not granted

October 10, 2025 501 Views 0 comment Print

Kerala High Court held that order passed without granting reasonable opportunity to cross examine the witnesses, whose statements were relied on in the orders is not tenable. Accordingly, order is quashed with direction to reconsider the matter.

Resolution plan for Pifiniti Movies Pvt. Ltd. approved as requirement of section 30(2) complied

October 10, 2025 318 Views 0 comment Print

NCLT Mumbai held that resolution plan submitted by Micro Capital Pvt. Ltd. for Pifiniti Movies Pvt. Ltd. [Corporate Debtor] meeting the requirements of Section 30(2) of the Insolvency and Code and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations is approved.

Resolution plan for Thwink Big Content Pvt. Ltd. submitted by Micro Capitals Pvt. Ltd. stands approved

October 10, 2025 333 Views 0 comment Print

NCLT Mumbai held that resolution plan for M/s. Thwink Big Content Private Limited [Corporate Debtor] as submitted by M/s. Micro Capitals Private Limited meeting the requirements of Section 30(2) of the Code and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations is approved.

Negligence on part of lawyer not sufficient cause to condone delay of 1265 days

October 10, 2025 696 Views 0 comment Print

ITAT Bangalore held that delay of 1265 days in filing of an appeal not condoned since negligence on part of the lawyer is not sufficient cause. Accordingly, appeal of the assessee dismissed by not condoning the delay.

Additions Based on Bank Credits Without Verification Unjustified – CIT(A)’s Factual Findings Upheld

October 10, 2025 510 Views 0 comment Print

The ITAT Hyderabad in ITO Vs. SR Peddi Estates India Pvt. Ltd. confirmed the deletion of a ₹4.39 crore addition made during reassessment. The Tribunal ruled that bank credits

No Capital Gains Tax on JDA Execution Until Land Possession Is Handed Over

October 10, 2025 1395 Views 0 comment Print

The Tribunal held that capital gains did not arise in the relevant year because the JDA explicitly stated possession was deemed given only upon handing over the landowners’ built-up share. This means Section 45(1) cannot be invoked until actual possession or consideration is received, overriding the AO’s reliance on stamp duty valuation.

IRDAI Ends Surveyor LOB Addition Based on 2001 Categorization

October 10, 2025 693 Views 0 comment Print

IRDAI stops surveyors from adding Lines of Business (LOB) based on 2001 categorization, citing obsolete knowledge. New additions must adhere to updated 2015 regulations.

Section 80IA Deduction Allowed Despite Delay in Filing Audit Report

October 10, 2025 696 Views 0 comment Print

ITAT allows S. 80-IA deduction, ruling that the Form 10CCB filing delay is a procedural lapse that can’t deny a substantive claim, maintaining the judicial view post-Finance Act 2020.

Securing Obligations: SC Clarifies Stamp Duty on Deeds Executed by Principal Debtors

October 10, 2025 993 Views 0 comment Print

The Supreme Court ruled that a deed mortgaging property to secure one’s own performance is a Mortgage Deed, even if the title suggests a security bond, affirming deficit stamp duty demands. This provides critical legal clarity that when the principal debtor is the party providing the security, Article 40 of the Indian Stamp Act is the governing provision.

Reassessment Set Aside for Fresh Hearing – Assessee Can Challenge Validity of Notice u/s 148 in Subsequent Proceedings: ITAT Hyderabad

October 10, 2025 1209 Views 0 comment Print

ITAT Hyderabad upholds remand for ex-parte reassessment, allowing the assessee to challenge the Section 148 notice validity based on the mandatory faceless procedure violation in fresh proceedings.

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