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Archive: 20 November 2025

Posts in 20 November 2025

Customs Advance Ruling Denied Due to Pending HC Case on BEV Parts Classification

November 20, 2025 564 Views 0 comment Print

The authority refused to rule on the classification of imported BEV components because an identical issue was already pending before the Bombay High Court. The key takeaway is that advance rulings cannot be issued when the same question is under judicial consideration.

RTI Appeal Rejected for Seeking Fiduciary Complaint Documents

November 20, 2025 147 Views 0 comment Print

The authority held that complaint-related submissions received from Insolvency Professionals are held in fiduciary capacity and exempt under Section 8(1)(e). The ruling reiterates that RTI cannot be used to obtain confidential regulatory material.

ROC imposes Penalty for Not Updating Altered Share Capital in Memorandum

November 20, 2025 315 Views 0 comment Print

The ROC held that failure to reflect authorised capital alteration in every copy of the Memorandum violated Section 15(1), resulting in a penalty on the company and its directors. The ruling reinforces strict compliance with documentation updates.

ITAT Mumbai Deletes ₹1.26 Cr Income Addition for Lack of Income Character

November 20, 2025 693 Views 0 comment Print

Tribunal held that Rule 8D disallowance cannot exceed the assessee’s total claimed expenditure and directed restriction of the 14A addition. The ruling clarifies limits on 14A disallowances where expenses are minimal.

FIU-IND had not justified imposing ₹10,000 per suspicious transaction for delay: SAFEMA

November 20, 2025 333 Views 0 comment Print

Tribunal affirms major penalties for widespread delays and non-reporting of NTRs, STRs, and CBWTRs. Held that systemic AML lapses cannot be excused by technical issues; strict compliance is mandatory.

Disallowance of ISD distributed credit due to mere technical defects in supplier invoice not justifiable

November 20, 2025 252 Views 0 comment Print

CESTAT Chennai held that mere technical defects in supplier invoices are not sufficient to disallow ISD distributed credit. Accordingly, impugned order is set aside and appeals are allowed with consequential benefits.

Reversal of CENVAT credit doesn’t tantamount to pre-deposit hence writ dismissed

November 20, 2025 231 Views 0 comment Print

Calcutta High Court held that reversal of CENVAT Credit made was voluntary and doesn’t tantamount to pre-deposit within the meaning of the pre amended Section 35F of the Central Excise Act. Accordingly, the writ petition is dismissed.

ITAT Delhi Strikes Down 271DA Penalty for Missing Satisfaction in Assessment Order

November 20, 2025 843 Views 0 comment Print

The Tribunal held that penalty under Section 271DA cannot be imposed when the assessment order lacks recorded satisfaction of a 269ST violation. The ruling confirms that satisfaction by the Assessing Officer is a mandatory precondition.

Issuance of debit note or raising reconciliation issues at later stage doesn’t establish pre-existing dispute

November 20, 2025 312 Views 0 comment Print

NCLT Mumbai held that mere issuance of debit notes or raising of reconciliation issues at a later stage does not establish a “pre-existing dispute” within the meaning of Section 8(2)(a) of the Code. Accordingly, application u/s. 9 of Insolvency and Bankruptcy Code admitted as debt and default proved.

Avoidance Transactions: The New Litigation Frontier in IBC

November 20, 2025 576 Views 0 comment Print

Explains how tribunals have elevated avoidance actions, enabling creditors to unlock major value from preferential and fraudulent pre-insolvency transactions. Highlights stricter duties for RPs and rising director liability.

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