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Archive: 13 December 2025

Posts in 13 December 2025

Settlement with Corporate Debtor doesn’t convert operational creditor into financial creditor

December 13, 2025 210 Views 0 comment Print

NCLT Mumbai held that an operational creditor, cannot be converted into a financial creditor by way of a Settlement with the corporate debtor. Accordingly, application for classification of claim as financial creditor dismissed.

Reassessment against deceased assessee sustained as department not informed about death

December 13, 2025 222 Views 0 comment Print

Madras High Court held that reassessment proceedings under section 147 of the Income Tax Act against the deceased assessee sustained since income tax department not informed about the death of the deceased assessee.

Reassessment Quashed as Notice Was Not Served on Registered Email

December 13, 2025 120 Views 0 comment Print

 The ITAT Amritsar held that a reassessment under Section 147 was void as the Section 148 notice was issued without complying with procedural requirements and statutory service obligations.

Emergency arbitrator’s decision is an order and not an arbitral award: Bombay HC

December 13, 2025 210 Views 0 comment Print

Bombay HC held that an emergency arbitrator’s decision is an order and not an arbitral award as it does not finally decide disputes, making Part II enforcement inapplicable.

Delhi HC allows GST Registration Cancellation from Notice Date Only

December 13, 2025 324 Views 0 comment Print

Court held that GST registration cannot be cancelled retrospectively when the proprietor had passed away before the Show Cause Notice. Orders were quashed and cancellation allowed from the notice date.

JAO lacked jurisdiction to reopen assessments after 29.03.2022: Telangana HC

December 13, 2025 141 Views 0 comment Print

The Telangana High Court held that proceedings under Sections 148A and 148 initiated post-Faceless Scheme are procedurally invalid. All consequential orders were quashed, while the revenue retains rights under Supreme Court directions.

CAAR Denies APTA Benefit Due to Absence of Third-Party Invoicing Provision

December 13, 2025 846 Views 0 comment Print

The ruling examines whether third-party invoicing is permitted under APTA and holds that preferential customs benefits cannot be claimed without an express provision in the agreement;

Bio-stimulant classifiable as Plant Growth Regulator due to physiological action, not nutrient supply: CAAR

December 13, 2025 480 Views 0 comment Print

CAAR held that an amino-acid and peptide-based bio-stimulant primarily regulates plant physiological processes and is not a fertilizer, leading to classification as a plant growth regulator under the Customs Tariff

PCR systems not classifiable as spectrometers as optical analysis is only incidental: CAAR

December 13, 2025 225 Views 0 comment Print

CAAR ruled that multi-functional PCR instruments cannot be treated as spectrometers where optical detection is only one part of a larger analytical workflow, leading to classification under the residual optical instruments heading

Delhi HC Upholds Constitutional Validity of Defence of India Rules

December 13, 2025 315 Views 0 comment Print

Delhi HC ruled that properties of individuals who migrated to Pakistan correctly vest in the Custodian, rejecting claims of Indian ownership post-migration.

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