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Archive: December, 2025

Posts in December, 2025

SC Set Aside Discharge Due to Need for Full Trial on Disproportionate Assets Allegations

December 7, 2025 843 Views 0 comment Print

The Court ruled that the High Court erred in terminating the case at the pre-trial stage. It held that allegations of disproportionate assets require examination at trial and restored the prosecution.

SC Denied Discharge under UAP Act Due to Prima Facie Evidence of Conspiracy

December 7, 2025 429 Views 0 comment Print

The Court upheld the refusal to discharge the accused, citing material suggesting grave suspicion of involvement in a conspiracy. It held that the allegations warranted full trial scrutiny.

SC Allows Discharge Due to Lack of Evidence Beyond Co-Accused Statements

December 7, 2025 1095 Views 0 comment Print

The Court held that prosecution cannot continue when no recovery is made and the only material is statements of co-accused. It ruled that such statements alone cannot justify a trial under Sections 489B and 489C.

SC Cancelled Anticipatory Bail Over Concealment of Court Order in Matrimonial Conflict

December 7, 2025 501 Views 0 comment Print

The Supreme Court canceled anticipatory bail granted to accused who concealed the setting aside of an ex parte injunction while attempting to dispossess lawful property. The ruling emphasizes careful judicial scrutiny in serious offences.

Stock Discrepancy Cases Require Sections 73/74, Not 130 of CGST Act

December 7, 2025 1059 Views 0 comment Print

Allahabad High Court held that proceedings under GST Section 130 are not permissible against a registered dealer; actions should have been initiated under Sections 73/74.

GST Refund Rejection Set Aside Because Limitation Stops After Original Filing: Gujarat HC

December 7, 2025 957 Views 0 comment Print

The Court held that the first refund application filed in 2018 stopped the limitation period and that subsequent filings after deficiency memos were a continuation, making the refund claim timely.

Business Income or Capital Gains? Tax Treatment of Share Trading

December 7, 2025 4245 Views 0 comment Print

Explains when high-volume, systematic trading is treated as business income and highlights major criteria, tax rates, and compliance requirements.

Private Limited vs LLP vs Partnership vs Proprietorship: A Quick Comparison

December 7, 2025 5424 Views 0 comment Print

Explains the key differences between proprietorships, partnerships, LLPs, and private companies, highlighting liability, compliance, and funding suitability.

SC: Hostel/PG Is Residential Dwelling; GST Exemption Restored

December 7, 2025 6309 Views 1 comment Print

SC Declares Hostel/PG as Residential Dwelling – Lessee Need Not Reside: Sub-Lease Still Qualifies for Residential Exemption- Revenue’s Narrow View Rejected: Residential Use Is the Real Test-  GST Exemption Restored for 2019–2022

Representation of Body Corporates under Section 113: Everything You Need to Know

December 7, 2025 1269 Views 0 comment Print

Explains how Section 113 permits companies to authorize individuals to attend and vote at meetings through board resolutions. Key takeaway: corporate bodies participate legally only through formally appointed representatives.

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