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Archive: 22 October 2025

Posts in 22 October 2025

Trade Promotion Activities Recognized as Public Utility by ITAT in Trust Registration Case

October 22, 2025 408 Views 0 comment Print

Jewellers and Diamond Traders Association Vs CIT (Exemptions) (ITAT Chennai) The Jewellers and Diamond Traders Association (“the Association”) filed an appeal before the Income Tax Appellate Tribunal (ITAT), Chennai, challenging the rejection of its application for registration as a charitable trust under Section 12AB of the Income Tax Act, 1961 (“the Act”). The application had […]

CIRP Initiated Against Corporate Debtor Despite COVID-19 Financial Hardship

October 22, 2025 420 Views 0 comment Print

NCLT Mumbai admits Section 7 petition by Prudent ARC Limited against RBEP Entertainment, emphasizing that default, not inability to pay, governs initiation of insolvency proceedings under the IBC.

NCLT Mumbai Admits CIRP Against Company Despite Covid Moratorium Claims: Default Held Pre-2020

October 22, 2025 282 Views 0 comment Print

Tribunal rules that default occurred before the Section 10A suspension period; admits insolvency petition filed by Omkara ARC against debtor despite Covid-related objections.

Exemption Under Sections 11 & 12 Cannot Be Denied for Procedural Delay in Form 10B: ITAT Hyderabad

October 22, 2025 1068 Views 0 comment Print

ITAT holds that filing audit report late due to Covid-19 is a procedural lapse, not a ground to deny exemption, following Telangana and Gujarat High Court rulings.

CPC Cannot Make PF/ESI Disallowance on Debatable Issues: ITAT Orders Fresh Verification

October 22, 2025 573 Views 0 comment Print

Chandigarh ITAT remanded a case where CPC disallowed delayed PF/ESI deposits under section 143(1)(a), holding that factual errors and debatable issues require detailed verification and cannot be adjusted mechanically.

Debtor’s Unilateral Write-Off Isn’t Cessation of Liability: ITAT Delhi

October 22, 2025 552 Views 0 comment Print

ITAT Delhi ruled in Gurmeet Singh Sethi Vs ITO that an addition under Section 41(1) of Income Tax Act cannot be made solely based on a debtor’s unilateral write-off of sundry creditors without confirmation from creditors.

No Obligation to Check GST Portal After Registration cancellation to access e-notices

October 22, 2025 588 Views 0 comment Print

Court held that taxpayers whose GST registration stands cancelled cannot be expected to access e-notices, setting aside an order issued without physical service.

GST Summons Valid Despite Parallel Proceedings: Madhya Pradesh HC

October 22, 2025 378 Views 0 comment Print

Summary of Agrawal Soya Extracts (P.) Ltd. vs. Union of India where the MP High Court applied the Supreme Court’s Armour Security precedent, mandating GST authorities to decide on jurisdiction and prevent parallel investigations if a show cause notice is already issued on the same subject matter under Section 6(2)(b) of the CGST Act.

Interest on Delayed GST Refund Payable from Original Application Date: Bombay HC

October 22, 2025 4866 Views 0 comment Print

Bombay High Court held that interest under Section 56 of the CGST Act must be paid from 60 days after the original refund application, even if the refund is granted later following an appellate order. The Court relied on Lupin Ltd., Ranbaxy Laboratories, and other precedents to reject the Revenue’s stand.

Allahabad HC Granted Bail in ₹20 Crore GST Fraud Case as Investigation Concluded

October 22, 2025 651 Views 0 comment Print

The Allahabad High Court granted bail to Azharuddin, accused of over ₹20 crore (Rs.2.4 million) in GST evasion through Input Tax Credit (ITC) fraud, considering the completion of the investigation, the filing of the complaint, the maximum five-year sentence, and Supreme Court rulings on bail for economic offenses based on documentary evidence.

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