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Archive: 14 October 2025

Posts in 14 October 2025

Trade Promotion is Genuine Charity: ITAT Rejects Section 2(15) Proviso on Cost Recovery Reason

October 14, 2025 507 Views 0 comment Print

The ITAT restored the Section 11 exemption, ruling that the Diamond Bourse’s cost-recovery activities are purely facilitative and do not constitute “trade, commerce, or business” under the restrictive proviso to Section 2(15). The Tribunal held that genuine General Public Utility (GPU) organizations operating on a non-profit, cost-recovery basis are not affected by the amendment.

54B Exemption Denied Review: CIT(A) Ordered to Examine Revenue Records and Crop Details Reason

October 14, 2025 447 Views 0 comment Print

The ITAT set aside a CIT(A) order that allowed a Section 54B capital gains exemption, because the CIT(A) copied a co-owners case ruling without independently verifying the factual evidence of agricultural use. The Tribunal reiterated that the burden to prove agricultural use rests on the assessee and remanded the matter for a fresh, reasoned decision based on factual findings.

PF/ESI Disallowance: Checkmate Ruling Applies Retrospectively, ITAT Confirms Reason

October 14, 2025 1272 Views 0 comment Print

The ITAT upheld the disallowance of delayed employee contributions to PF/ESIC, ruling that the Supreme Courts Checkmate Services judgment is retrospective unless explicitly stated otherwise by the SC itself. The Tribunal confirmed that the doctrine of prospective overruling cannot be invoked by the assessee, as the ruling merely interprets the law as it always existed.

ROC Kanpur Imposes Penalty for Misreporting Director Remuneration

October 14, 2025 717 Views 0 comment Print

ROC Kanpur levied a Rs 3,50,000 penalty on EAST ALPHA ALLIANCE TECHNOLOGY PRIVATE LIMITED and its directors for violating Section 92(1)(g) by misreporting director remuneration in the MGT-7 annual return.

CIRP against Gupta Power Infrastructure Ltd. admitted as default of Rs. 2888 crore proved

October 14, 2025 1791 Views 0 comment Print

NCLT Kolkata held that application under section 7 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Gupta Power Infrastructure Limited [Corporate Debtor] admitted for default of Rs. 2888 Crore.

Addition by AO u/s. 143(3) r.w.s. 263 doesn’t survive as order passed u/s. 263 quashed

October 14, 2025 636 Views 0 comment Print

ITAT Raipur held that since order passed by Pr. CIT u/s. 263 is quashed the addition made by AO u/s. 143(3) r.w.s 263 does no more survive. Therefore, appeal of the assessee allowed and addition made by AO liable to be quashed.

Remote ERP access not to be denied to director without evidence of misuse

October 14, 2025 357 Views 0 comment Print

NCLAT Delhi held that remote access to ERP to directors being engaged in competing business cannot be denied unless there is tangible evidence of misuse of company information by such directors. Accordingly, appeal stand disposed.

IBBI (Insolvency Resolution Process for Corporate Persons) (Sixth Amendment) Regulations, 2025

October 14, 2025 672 Views 0 comment Print

IBBI’s Sixth Amendment Regulations, 2025, modify Corporate Insolvency Resolution Process (CIRP) rules, including omission of Regulation 39C and changes to Regulation 39D and Form H.

IBBI Liquidation Process) (Second Amendment) Regulations, 2025

October 14, 2025 1062 Views 0 comment Print

Certain clauses in Regulations 31A and 32 of the 2016 Liquidation Process Regulations were omitted to simplify compliance. The amendment applies prospectively to new liquidation cases, improving clarity for insolvency professionals.

CIRP application u/s. 7 of IBC admitted as existence of debt and default proved

October 14, 2025 696 Views 0 comment Print

NCLT Mumbai held that application under section 7 of the Insolvency and Bankruptcy Process for initiation of Corporate Insolvency Resolution Process [CIRP] against Wind World (India) Infrastructure Private Limited [Corporate Debtor] admitted since Financial Creditors have proved existence of debt and default.

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