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Archive: 22 October 2025

Posts in 22 October 2025

Bombay HC Advises Use of Trade Circular Before Approaching Court on GST Issues

October 22, 2025 504 Views 0 comment Print

The petitioner challenging GST orders was directed to comply with Trade Circular 13 August 2024 for interim protection; constitutional claims on Section 16(2)(c) can be raised only after exhausting remedies before the future GST Tribunal.

60% Section 115BBE Tax Not Applicable to Income Surrendered Before Notification

October 22, 2025 441 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Chandigarh, held that the higher tax rate of 60% under Section 115BBE is inapplicable to additional income surrendered during a survey operation that took place before the provision was amended to prescribe the enhanced rate.

Department’s Preemptive Action on Fraudulent ITC Blocked by Delhi HC

October 22, 2025 324 Views 0 comment Print

Orders blocking GST input tax credit under Rule 86-A were set aside because the petitioner filed a reply within the timeline, but the department issued restrictive orders prematurely without hearing the petitioner.

Delhi HC Dismisses Appeal Seeking Interim Deposit under MCD Property Tax Amnesty Scheme

October 22, 2025 435 Views 0 comment Print

A school challenged the MCD’s tax calculation under the SUNIYO Amnesty Scheme. The Delhi High Court, citing an SC restraint on similar interim orders, rejected the plea for a conditional deposit, reinforcing the policy-based nature of tax amnesty offers.

Madras HC Quashes Ex-Parte GST Assessment on 25% Pre-Deposit Condition

October 22, 2025 432 Views 0 comment Print

The Madras High Court set aside an assessment order against Gayathri Builder, which failed to respond to a GST Show Cause Notice. The court quashed the order and remitted the case back for fresh adjudication, contingent on the builder depositing 25/% of the disputed tax and filing a complete reply within 30 days.

NCLT Ahmedabad Admits Synergy Food into Corporate Insolvency for Default on Operational Debt

October 22, 2025 441 Views 0 comment Print

NCLT Ahmedabad initiated CIRP against Synergy Food and Agro Processors Pvt. Ltd. after finding a default of over Rs. 1 crore on undisputed operational debt. An IRP was appointed and moratorium imposed under IBC Sections 9 and 14.

IBC Proceedings Cannot Shield Directors from Section 138 NI Act Liability

October 22, 2025 3024 Views 0 comment Print

Bombay High Court held that directors cannot escape personal criminal liability for dishonoured cheques even if the company is under insolvency proceedings.

NCLT Upholds Financial Creditor’s Claim Despite Section 10A COVID Moratorium

October 22, 2025 474 Views 0 comment Print

Tribunal admits CIRP against Bafna Motors Pvt. Ltd., ruling that post-10A period defaults exceeding the statutory threshold merit insolvency proceedings, with final claim verification to be done by IRP.

Bombay HC Upholds GST Confidentiality, Denies RTI Request for Industry Returns

October 22, 2025 849 Views 0 comment Print

Bombay High Court ruled that GST returns are protected under Section 158 of GST Act and cannot be disclosed under RTI, emphasizing mandatory third-party notice under Section 11.

No Section 80P(2)(d) deduction on interest from co-operative bank: Karnataka HC

October 22, 2025 867 Views 0 comment Print

The ruling reinforces that Section 80P(4) bars co-operative societies from claiming deductions on income from co-operative banks, even if registered under the Co-operative Societies Act.

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