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Archive: 03 November 2025

Posts in 03 November 2025

GST Statue permits correction of bonafide errors until notice u/s. 73 of CGST is issued

November 3, 2025 978 Views 0 comment Print

Kerala High Court held that the statue permits taxpayer to correct bonafide errors by self-verification of assessment and payment of liability until the notice is issued under section 73 of the CGST. Accordingly, bonafide error in assessment and intimation in DRC-03 is directed to be allowed.

Order of District Consumer Commissioner after imposition of moratorium u/s. 14 of IBC is not maintainable

November 3, 2025 834 Views 0 comment Print

Bombay High Court held that order of District Consumer Dispute Redressal Commission passed after imposition of moratorium u/s. 14 of Insolvency and Bankruptcy Code cannot have binding effect of the company. Accordingly, petition is allowed.

Reassessment held invalid as approval u/s. 151 granted in mechanical manner

November 3, 2025 1767 Views 0 comment Print

ITAT Hyderabad held that reopening of assessment is invalid in as much as the approval/ sanction under section 151 of the Income Tax Act is granted in a mechanical manner. Further, reasons for reopening are based on on-application of mind and borrowed satisfaction. Accordingly, reopening quashed and appeal allowed.

Crane Auction unlawful without providing notice or hearing to owner Under NDPS Case

November 3, 2025 297 Views 0 comment Print

Patna High Court held that since owner of the crane was not an accused in NDPS case, thus auction of his crane without any notice and without providing opportunity of being heard is unlawful. Accordingly, criminal writ petition is allowed.

Liquidation u/s. 33(1)(b) of IBC admitted in view of rejection of resolution plan

November 3, 2025 720 Views 0 comment Print

NCLT Ahmedabad held that Corporate Debtor [Shree Ram Cottex Industries Pvt. Ltd.] is admitted into liquidation in terms of provisions of section 33(1)(b) of the Insolvency and Bankruptcy Code, 2016 in view of rejection of resolution plan u/s. 31(2) for non-compliance with statutory requirements.

Cap Sub Assembly for Door Outside Handle is classifiable under CTH 8708 29 00

November 3, 2025 627 Views 0 comment Print

CESTAT Delhi held that Cap Sub Assembly for Door Outside Handle 423205-11480 is classifiable under Customs Tariff Heading 87082900 as contented by the Department. Accordingly, benefit under notification no. 46/2011 Customs not admissible.

Financial Creditor mandatorily needs to prove disbursement as defined u/s. 5(8)(f) of IBC

November 3, 2025 651 Views 0 comment Print

NCLAT Delhi held that appellant doesn’t qualify as a Financial Creditor since appellant has failed to discharge the burden of proving any disbursement as defined under Section 5(8)(f) of the Insolvency and Bankruptcy Code. Accordingly, order upheld and appeal dismissed.

Penalty u/s. 270A quashed as specific limb u/s. 270A(9) not specified

November 3, 2025 3777 Views 0 comment Print

ITAT Mumbai held that levy of penalty under section 270A of the Income Tax Act cannot be sustained since specific limb of Section 270A(9) leading to under-reporting of income or mis-reporting of income is not specified. Accordingly, appeal of assessee is allowed.

ICAI President’s Message – November 2025

November 3, 2025 56667 Views 1 comment Print

The ICAI President details reforms like GST 2.0 that aid MSMEs and consumers. Key initiatives include benchmarking the CA qualification to a Master’s degree, launching the MSME Clinic Programme, and integrating AI and ESG into the profession.

Companies (Meetings of Board and its Powers) Amendment Rules, 2025

November 3, 2025 17349 Views 0 comment Print

MCA amends Companies Rules, 2014, substituting Rule 11(2) to define business of financing industrial enterprises for NBFCs and IFSCA-registered Finance Companies.

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