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Customs officer not empowered to assess two or more shipping bills together

February 21, 2025 372 Views 0 comment Print

Disha Realcon and SM Niryat had exported iron ore fines whose Fe content was below 58% under some Shipping Bills and iron ore fines whose Fe content was above 58% under some other Shipping Bills.

Pre-CIRP Dues & Claims Extinguishes Post Approval of Resolution Plan: NCLAT Delhi

February 20, 2025 225 Views 0 comment Print

NCLAT Delhi held that by approval of the Resolution Plan, all dues and claims of pre-CIRP stand extinguished. Thus, appellant is not entitled for recovering any dues from respondent which relate to pre-CIRP period.

Fees for Freight Logistic Support Service is not Fee for Technical Services: Delhi HC

February 20, 2025 147 Views 0 comment Print

Delhi High Court held that Freight Logistic Support Service provided by appellant are not in the nature of Fee for Technical Services/ Fee for Included Services u/s. 9(1)(vii) of the Income Tax Act and accordingly appeal fails.

Kerala HC Upholds Cess on Cinema Tickets Under Section 3C of Entertainment Tax Act

February 20, 2025 156 Views 0 comment Print

Kerala High Court held that levy of cess on the cinema tickets under section 3C of the Kerala Local Authorities Entertainment Tax Act is constitutionally valid. Accordingly, the appeal is dismissed.

ITAT Luncknow directed CIT(A) to re-consider condonation as delay of 4 days erroneously calculated as 551 days

February 19, 2025 129 Views 0 comment Print

ITAT Lucknow held that delay of 4 days erroneously calculated as delay of 551 days by CIT(A). Accordingly, directed CIT(A) to consider request of condonation and if found appropriate to grant opportunity of being heard.

Duty drawback post unlocking/activation of mobile phone eligible: Delhi HC

February 19, 2025 222 Views 0 comment Print

Delhi High Court held that the unlocking/activation of the mobile phone merely makes the mobile phone more usable in the destination country and the same would therefore not constitute “taken into use” under proviso to Rule 3 of Duty Drawback Rules.

Claim of guarantee invoked subsequent to CIRP cannot be admitted in CIRP

February 19, 2025 165 Views 0 comment Print

NCLAT Delhi held that invocation of guarantee subsequent to initiation of CIRP cannot be the base for any claim to be admitted in the CIRP. Accordingly, appeal allowed and order passed by adjudicating authority set aside.

Liquidator empowered to proceed with private sale of Corporate Debtor by Swiss Challenge Mechanism

February 19, 2025 123 Views 0 comment Print

NCLAT Delhi held that Liquidator is jurisdictionally empowered to proceed with private sale of Corporate Debtor by adopting Swiss Challenge Mechanism. Thus, adjudicating authority didn’t commit any error in allowing application filed by Liquidator.

Cash deposits during demonetization out of earlier withdrawals cannot be added

February 19, 2025 552 Views 0 comment Print

ITAT Bangalore held that addition under section 69A towards cash deposits during demonetization deleted since cash deposit was made out of earlier withdrawals. Accordingly, appeal allowed and addition deleted.

Reassessment order passed without disposing objection raised by assessee not sustainable

February 19, 2025 408 Views 0 comment Print

ITAT Mumbai held that passing of assessment order u/s 147 r.w.s. 144B of the Act without disposing the objections raised by the assessee is not sustainable being without jurisdiction. Accordingly, reassessment notice u/s. 148 set aside.

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