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Archive: December, 2025

Posts in December, 2025

Appeals From NCLT To NCLAT And Supreme Court

December 15, 2025 861 Views 0 comment Print

From 2022-23 to 2024-25, appeals filed at NCLAT rose steadily, with IBC cases forming the majority, reflecting active engagement in corporate insolvency and legal adjudication.

Loan Liability Not a Trading Liability: No Section 41(1) Addition

December 15, 2025 408 Views 0 comment Print

ITAT Delhi held that a loan used to repay a bank cannot be treated as a trading liability under section 41(1). Since no deduction was claimed earlier and no write-back occurred, the addition of ₹8.22 crore was rightly deleted.

Delay in Form 10B Is Procedural: CPC Cannot Deny U/s 11 Exemption at U/s 143(1) Stage

December 15, 2025 741 Views 0 comment Print

The issue was whether a charitable trust could lose exemption due to late uploading of Form 10B. ITAT held that Form 10B is procedural and delay alone cannot defeat exemption when audit was completed in time.

Section 69C Not Applicable to Recorded Purchases: ITAT Delhi Deletes 12.5% Estimation

December 15, 2025 738 Views 0 comment Print

ITAT Delhi held that Section 69C cannot be invoked when purchases are recorded in books, paid through banking channels, and sources are explained. Estimated profit addition of 12.5% was deleted.

Section 129 vs. Section 130 under GST: From Procedural Safeguards to Substantive Confiscation Powers

December 15, 2025 1689 Views 0 comment Print

The Gujarat High Court ruled that GST confiscation under Section 130 cannot precede the full procedure under Section 129, emphasizing statutory compliance in transit seizures.

Valuation in Insolvency: How Accurate Valuation Determines Success of CIRP & Liquidation Sales

December 15, 2025 378 Views 0 comment Print

Explore how precise valuations influence CIRP outcomes, attract serious bidders, and prevent litigation in insolvency proceedings.

Relaxation in Small Company Criteria – A Boost for Small Businesses

December 15, 2025 1131 Views 0 comment Print

The MCA has increased capital and turnover thresholds for small companies, enabling more businesses to enjoy reduced compliance and simplified reporting.

Wrong Email, No Hearing: ITAT Delhi Revives CGHS Appeal & Orders De Novo Assessment

December 15, 2025 420 Views 0 comment Print

The reassessment was framed ex-parte after notices were served on a wrong email address. ITAT Delhi ruled that effective hearing is a sine qua non under the law, and proceedings based on faulty service cannot stand. The case was remanded to the AO for de-novo consideration.

Ex Parte Section 153C Fails for Lack of Hearing: ITAT Delhi Orders De Novo Review

December 15, 2025 243 Views 0 comment Print

The appellate authority dismissed the appeal ex-parte citing non-prosecution. ITAT Delhi held that mere issuance of notices does not satisfy the requirement of effective hearing. The order was quashed and the matter sent back for fresh decision.

ROC Bangalore Imposed Penalty for Crediting Interim Dividend to Wrong Bank Account

December 15, 2025 2802 Views 0 comment Print

The ROC held that depositing interim dividend in a current account instead of a separate account violates section 123(4). Monetary penalties were imposed despite subsequent compliance.

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