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Financial creditor can prefer application u/s. 7 of IBC even after possession over assets of corporate debtor

January 9, 2025 861 Views 0 comment Print

NCLT Kolkata held that a secured creditor having possession over the assets of the corporate debtor does not lose its rights to file an application under Section 7 of the Insolvency and Bankruptcy Code.

Duty demand due to non-fulfilment of export obligation justifiable: CESTAT Chennai

January 9, 2025 972 Views 0 comment Print

CESTAT Chennai held that duty demand due to non-fulfilment of export obligation justified as department empower to recover escaped duty when post importation conditions are not fulfilled. Accordingly, appeal dismissed.

Bill of Entry amendment for claiming benefit of duty exemption certificate after clearance of goods allowed

January 9, 2025 960 Views 0 comment Print

CESTAT Allahabad held that amendment of bill of entry under section 149 of the Customs Act, 1962 for claiming benefit of duty exemption certificate received after clearance of goods allowed. Accordingly, appeal of revenue dismissed.

Matter of addition u/s. 69A remanded as documents not produced before lower authorities

January 9, 2025 651 Views 0 comment Print

ITAT Ranchi remanded the matter regarding addition under section 69A of the Income Tax Act back to the file of CIT(A) since paper books was not produced before AO or CIT(A).

Notice and order issued based on suo motu PAN issued by department is unjustifiable: Patna HC

January 9, 2025 480 Views 0 comment Print

The petitioner is aggrieved with the demand raised under a new PAN number distinct and different from the PAN number under which the petitioner has been filing return, which was validly issued to her by the department.

Recredit of amount paid on reverse charge during GST transition in Electronic Credit Ledger permitted

January 9, 2025 747 Views 0 comment Print

Madras HC held that amount paid by petitioner on reverse charge basis during transition to GST regime is allowed as recredit as Input Tax Credit in Electronic Credit Ledger. Accordingly, petition allowed.

Reopening of concluded assessment after issue of final certificate under DTVSV not permissible

January 9, 2025 1032 Views 0 comment Print

Delhi High Court held that no provision under the Direct Tax Vivad Se Vishwas Act, 2020 [DTVSV Act] empowers Designated Authority to reopen concluded assessment after issuance of final certificate u/s. 5(1) of the DTVSV Act.

Disallowance u/s. 36(1)(va) be reconsidered in light of Supreme Court judgement in Checkmate Services

January 9, 2025 6546 Views 0 comment Print

ITAT Ranchi directed CIT(A) to reconsider the matter of disallowance due to late deposit of Employees Contribution u/s 36(1) (va) of the Income Tax Act in light of decision of Hon’ble Supreme Court in Checkmate Services.

Power u/s. 107(2) doesn’t permit commissioner to review order of appellate authority

January 9, 2025 1545 Views 0 comment Print

Delhi High Court held that review of order passed by the appellate authority, by the Commissioner, by exercising powers vested by section 107(2) of the Central Goods and Services Tax Act is unsustainable n law. Accordingly, writ petition allowed.

Addition u/s. 68 deleted as evidences demonstrated cash deposits were through agricultural income

January 9, 2025 1221 Views 0 comment Print

ITAT Ahmedabad held that addition under section 68 towards cash credits not justified since evidences clearly demonstrates that cash deposits and credit entries are through agricultural income. Accordingly, addition deleted and appeal allowed.

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