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Poonam Gandhi

Latest Posts by Poonam Gandhi

Circular allowing creditor to recommend Resolution Professional doesn’t violate provisions of IBC

May 22, 2025 69 Views 0 comment Print

Madras High Court held that circular dated 21.12.2023 allowing creditor to recommend a Resolution Professional for appointment is neither ultra vires nor violative of provisions of the Insolvency and Bankruptcy Code [IBC]. Accordingly, writ petition dismissed.

HC set aside GST Order passed without emanating reasons for conclusion

May 22, 2025 225 Views 0 comment Print

Orissa High Court held that passing of order by Appellate Authority, by mere affirming to the view expressed in review order, without emanating reasons for the conclusion makes it vulnerable and liable to be impeached. Accordingly, appellate order set aside.

Accused entitled to get copies of documents which are not relied upon by prosecution

May 22, 2025 207 Views 0 comment Print

Supreme Court held that the accused can apply by invoking the provisions of Section 91 of the CrPC (Section 94 of the BNSS) for providing copies of the documents which are not relied upon by the prosecution.

Pendency of proceedings before DRT doesn’t bar initiation of CIRP under IBC

May 22, 2025 147 Views 0 comment Print

NCLT Delhi held that the pendency of proceedings before Debt Recovery Tribunal [DRT] does not preclude or bar the initiation of Corporate Insolvency Resolution Process [CIRP] under the Insolvency and Bankruptcy Code, 2016 [IBC].

Application u/s. 9 of IBC not maintainable due to long-standing disputes: NCLT Delhi

May 22, 2025 135 Views 0 comment Print

NCLT Delhi held that application under section 9 of the Insolvency and Bankruptcy Code, 2016 [IBC] for initiation of CIRP not maintainable since there exists genuine and long-standing disputes. Accordingly, petition dismissed.

Different floors of same house cannot be considered as multiple house for 54F deduction

May 22, 2025 606 Views 0 comment Print

Delhi High Court held that different floors of a singular house cannot be considered as multiple residential houses. Accordingly, deduction under section 54F of the Income Tax Act cannot be denied. Thus, appeal of revenue dismissed.

DRI proper officer u/s. 28 of Customs Act: Matter restored to CESTAT

May 21, 2025 102 Views 0 comment Print

Delhi High Court held that since issue of jurisdiction of Directorate of Revenue Intelligence [DRI] is resolved and held that they are proper officer for the purpose of section 28 and are competent to issue show cause notice.

Criminal case u/s. 454(8) of Companies Act not maintainable amidst pending appeal

May 21, 2025 57 Views 0 comment Print

Kerala High Court held that criminal case under section 454(8) of the Companies Act unsustainable since appeal filed by the petitioner against the penalty order is still pending consideration. Thus, the Criminal Miscellaneous Cases allowed and complaint quashed.

Claiming deduction u/s. 80IA not necessary for invocation of section 92BA: ITAT Hyderabad

May 21, 2025 63 Views 0 comment Print

ITAT Hyderabad held that for the invocation of section 92BA of the Income Tax Act, there is no necessity for the assessee for opting/ claiming the deduction U/s. 80IA of the Income Tax Act. Accordingly, appeal of the assessee dismissed.

Cash credit addition not sustained as re-payment of loans in subsequent year accepted

May 21, 2025 420 Views 0 comment Print

ITAT Ahmedabad held that addition on account of cash credit in the current year cannot be sustained where department had accepted the re-payment of loans in subsequent year. Accordingly, addition confirmed by CIT(A) deleted and appeal allowed.

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