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Jewellery worn by passenger falls within ambit of personal effects hence detention set aside

July 18, 2025 918 Views 0 comment Print

Delhi High Court held that the used jewellery worn by the passenger would fall within the ambit of personal effects in terms of the Rules 2(vi) read with rule 3 of the Baggage Rules, 2016, which would be exempt from detention by the Customs Department. Thus, detention set aside.

Application u/s. 7 admitted as One-Time Settlement was not final settlement

July 18, 2025 432 Views 0 comment Print

NCLAT Delhi held that application under Section 7 of the Insolvency and Bankruptcy Code for initiation of CIRP duly admissible since One-Time Settlement with guarantors didn’t amount to full and final satisfaction of loan vis-à-vis the Corporate Debtor.

Writ against self-explanatory notice issued u/s. 263 not maintainable

July 18, 2025 492 Views 0 comment Print

Gujarat High Court held that no writ petition is maintainable against the show cause notice under section 263(1) of the Income Tax Act when notice is self-speaking and self-explanatory. Accordingly, writ dismissed as alternate remedy to prefer an appeal before Tribunal available.

Official liquidator directed to undertake valuation of disputed property through ITCOT

July 18, 2025 663 Views 0 comment Print

The Official Liquidator is directed to undertake and complete valuation of the building on S.F.No.79/1 through ITCOT at rates earlier approved by this Court within 60 days from the date of receipt of a copy of this order.

Application u/s. 95 of IBC dismissed as claim of debt not proved: NCLT Kochi

July 18, 2025 525 Views 0 comment Print

The computation of the amount claimed in all three demand notices was never explained. It is quite apparent that while the guarantors in all the cases mentioned a limiting amount of the guarantor’s liability, the bank has simply demanded from them the amount of the loan outstanding in the principal borrower’s account.

Claiming benefit of drawback based on extension by AD-I bank allowable

July 18, 2025 318 Views 0 comment Print

Kerala High Court held that for claiming benefit of drawback it is not necessary that extension should come from the Reserve Bank of India itself as the AD-I bank are authorized to grant such extension. Accordingly, writ disposed with direction to reconsider the claim.

Interest from investment with other co-operative society deductible u/s. 80P(2)(d)

July 18, 2025 1236 Views 0 comment Print

Assessee is a co-operative society engaged in the business of providing credit facilities to its members. Assessee is claiming deduction u/s. 80P(2) of the Income Tax Act. Notably, vide intimation u/s. 143(1), the deduction u/s. 80P(2)(d) was disallowed.

Notice for reassessment u/s. 148 issued beyond surviving time limit is time-barred: Gujarat HC

July 18, 2025 918 Views 0 comment Print

Gujarat High Court held that reopening of assessment by issuance of notice under section 148 issued beyond the surviving time limit as prescribed under Income Tax Act read with TOLA is barred by limitation. Accordingly, notice is quashed and writ petition allowed.

Capital investment under reseller agreement doesn’t qualify as financial debt under IBC

July 18, 2025 306 Views 0 comment Print

NCLAT Delhi held that the capital investment under the reseller agreement lacks the essential ingredients of financial debt under Section 5(8) (f) of the Insolvency and Bankruptcy Code. Accordingly, dismissal of petition u/s. 7 for CIRP justified.

Contribution to assets of Corporate Debtor directed as business carried with fraudulent intention

July 17, 2025 486 Views 0 comment Print

NCLAT Delhi held that direction of making contribution to the assets of Corporate Debtor upheld as person knowingly carried on the business of Corporate Debtor with intent to defraud creditors or for fraudulent purpose.

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