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Archive: July, 2026

Posts in July, 2026

Fuel Expense Disallowance Restricted to 5% Due to Self-Made Voucher Difficulties: ITAT Kolkata

July 10, 2026 132 Views 0 comment Print

ITAT Kolkata restricted oil and fuel expense disallowance to 5%, holding that full disallowance would result in an unrealistic net profit in the transportation business.

Reassessment Vitiated by Cross-Examination Denial & Section 147 Use Instead of 153C: ITAT Surat

July 10, 2026 150 Views 0 comment Print

ITAT Surat quashed reassessment, holding denial of cross-examination and initiation under Section 147 instead of Section 153C rendered the proceedings invalid.

Appeal E-Filed at 9 PM Within Section 61 IBC Limitation Valid: NCLAT Delhi

July 10, 2026 129 Views 0 comment Print

NCLAT Delhi held an appeal e-filed at 9 PM on the 45th day remained within the condonable period under Section 61 IBC, with limitation computed from the date of e-filing.

Section 52 Security Interest Realisation Denied for Regulation 21A Non-Compliance: NCLT Mumbai

July 10, 2026 183 Views 0 comment Print

NCLT Mumbai held that failure to comply with Regulation 21A timelines barred a secured creditor from exercising Section 52 rights, making the secured assets part of the liquidation estate.

Section 147A Amendment Requires Fresh Consideration of Reassessment Challenge: Karnataka HC

July 10, 2026 162 Views 0 comment Print

Karnataka HC set aside the order quashing reassessment notices and remanded the matter, permitting challenge to Section 147A in line with the SC ruling.

₹5.06 Lakh Recovery Suit Dismissed as Handwriting Admission Failed to Prove Dues: Gujarat HC

July 10, 2026 132 Views 0 comment Print

Gujarat HC dismissed a money recovery appeal, holding that unsupported claims and an unproved photocopy could not discharge the burden under Sections 101 and 102.

Section 98 IBC RP Replacement Rejected for Lack of Bias or Misconduct: NCLT Jaipur

July 10, 2026 120 Views 0 comment Print

NCLT Jaipur held a Personal Guarantor may seek RP replacement under Section 98 IBC even after admission, but dismissed the plea for lack of evidence of bias or misconduct.

Rectification of Rule 28 Defects Alone Cannot Defeat Section 9 Remedy: NCLAT Chennai

July 10, 2026 129 Views 0 comment Print

NCLAT held that procedural non-rectification of defects under Rule 28(4) should not deprive an Operational Creditor of adjudication on merits, while retaining costs and imposing strict timelines for compliance.

Pre-Trial Plaint Amendment for Possession Relief Upheld Despite 4-Year Delay: J&K HC

July 10, 2026 141 Views 0 comment Print

Jammu & Kashmir HC upheld a pre-trial amendment adding possession relief, holding Order II Rule 2 CPC did not bar amendment and delay alone was insufficient.

Pre-Existing Civil Suit Not Barred by Subsequent Section 95 IBC Proceedings: Calcutta HC

July 10, 2026 159 Views 0 comment Print

Calcutta HC held that Section 96 IBC does not bar or require dismissal of a civil suit filed before Section 95 proceedings and remanded the suit for trial.

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