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Archive: 07 November 2025

Posts in 07 November 2025

ITAT Chennai Deletes ₹32.72 Cr Addition Based on Notional Net-Worth Difference

November 7, 2025 4323 Views 0 comment Print

ITAT Chennai upheld that immovable property transfers within family through registered settlement deeds are exempt under Section 56(2)(x). The AO’s view that such transfers were non-bona-fide was rejected.

Capital Gain Valuation Date Governed by Agreement Date, Not Registration: Karnataka HC

November 7, 2025 687 Views 0 comment Print

The issue was whether, for Section 50C purposes, the stamp duty value should be taken on the date of the agreement (MOU) or the date of registration. The Karnataka High Court ruled the date of the agreement must be adopted when part of the consideration was paid via banking channel. Key Takeaway: The second proviso to Section 50C(1) is mandatory and allows the use of the lower stamp value prevailing on the agreement date if banking payment is made before registration.

ROC Mumbai imposes Penalty for Non-Filing of Financial Statements

November 7, 2025 573 Views 0 comment Print

ROC Mumbai penalizes Sweet Elephant Infotech Pvt. Ltd. and its director for non-filing of financial statements for FY 2020-21 under Section 137(3).

Non-payment of part of debt on becoming due amounts to default under IBC

November 7, 2025 372 Views 0 comment Print

NCLT Mumbai held that non-payment of part of debt when it becomes due and payable amounts to default. Thus, application u/s. 7 of Insolvency and Bankruptcy Code [IBC] duly admitted since there exists financial debt, exceeding threshold limit, and the same is in default.

CIRP against Vibrant Content P. Ltd. initiated as debt and default stand established

November 7, 2025 414 Views 0 comment Print

NCLT Mumbai held that application under section 7 of the Insolvency and Bankruptcy Code for initiating Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor [Vibrant Content Pvt. Ltd.] is admitted since debt and default stand established.

SC to decide fate of Notices and Orders under GST without DIN ​

November 7, 2025 1548 Views 0 comment Print

The Supreme Court stayed an AP High Court judgment that set aside GST assessment orders and notices lacking the mandatory Document Identification Number (DIN).

Residential Leases used exclusively for Residential purposes are Exempt from GST

November 7, 2025 1413 Views 0 comment Print

Delhi High Court quashes stamp duty demand, ruling that GST and water charges cannot be included in lease rent for stamp duty on residential property leases.

CIRP admitted since Financial Creditor proved existence of debt and default in payment

November 7, 2025 555 Views 0 comment Print

NCLT Ahmedabad held that application u/s. 7 of the Insolvency and Bankruptcy Code is admitted since Financial Creditor discharged its burden of proof by demonstrating the existence of a financial debt and default in payment of the financial debt by the Corporate Debtor [Devashray Papers (India) LLP].

IBBI Paper on Beneficial Ownership & Section 32A Affidavit by PRA

November 7, 2025 504 Views 0 comment Print

IBBI seeks comments on draft templates for Prospective Resolution Applicants (PRAs) to disclose beneficial ownership and Section 32A eligibility, ensuring transparency in CIRP.

ITAT remanded matter for verification of submitted documents in case of unsecured loans without PAN

November 7, 2025 429 Views 0 comment Print

Additions of unsecured loans were sustained where creditworthiness was not proved, and relief upheld only for creditors who responded to notices under section 133(6) or furnished adequate documentation. Assessee’s case was reopened under section 148, where AO noticed unsecured loans aggregating to ₹14.94 crore from 164 creditors. On verification.

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