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Addition based on documents found from third party without granting cross-examination is not sustainable

November 25, 2025 1776 Views 0 comment Print

ITAT Jaipur held that addition made on the basis of documents found from the third party without providing any opportunity of cross-examination is liable to be deleted on the ground of violation of principles of natural justice.

Common IP usage and use of fake and fabricated documents duly proved bid rigging

November 25, 2025 573 Views 0 comment Print

NCLAT Delhi held that collusive bidding and bid rigging duly proved on the basis of evidence such as common IP usage; use of fake and fabricated documents. Thus, order of commission holding appellant guilty u/s. 3(3)(c) and 3(3)(d) upheld.

Look-Out Circular quashed as default of loan payable outside India cannot restrict foreign travel

November 25, 2025 729 Views 0 comment Print

Delhi High Court held that simple default of loan payable outside India cannot restrict Indian Citizen to travel abroad since there is no civil or criminal proceedings against petitioner in India. Thus, impugned Look-Out Circular quashed.

Leasehold rights are assets of Corporate Debtor hence includible in liquidation estate

November 25, 2025 978 Views 0 comment Print

NCLAT Delhi held that the leasehold rights with regard to the leased property are the assets of the Corporate Debtor. Accordingly, liquidator has not committed any illegality in including the demised leased land in the Liquidation Estate of the Corporate Debtor. Thus, appeal dismissed.

Bail application in fake GST firm rejected as twin condition u/s. 45 of PMLA not fulfilled

November 25, 2025 828 Views 0 comment Print

Jharkhand High Court held that bail application in the case of fake firms for passing on ineligible ITC by issuing fake GST bills not granted since twin conditions of Section 45 of Prevention of Money Laundering Act, 2002 [PMLA] not fulfilled.

Section 9 application under IBC rejected on account of pre-existing dispute

November 25, 2025 861 Views 0 comment Print

NCLAT Delhi held that application under section 9 of the Insolvency and Bankruptcy Code [IBC] rightly rejected on account of pre-existing dispute between Operational Creditor and Corporate Debtor. Accordingly, order of Adjudicating Authority upheld.

Bail application in huge economic offence rejected due to pendency of 444 cases

November 25, 2025 594 Views 0 comment Print

Calcutta High Court held that the bail application of the petitioner involved in economic offence of more than Rs. 6200 crores rejected since there are 444 cases pending against the petitioner and also there are chances of tampering with evidence and influencing witnesses.

Appeal of Unsuccessful Resolution Applicant not entertained as final resolution plan not submitted

November 25, 2025 510 Views 0 comment Print

NCLAT Delhi held that appeal of Unsuccessful Resolution Applicant not entertained since after submitting preliminary Resolution Plan, applicant, did not submit final Resolution Plan and even did not participated in the Challenge Mechanism. Accordingly, appeal dismissed.

Genuine homebuyers claim not to be rejected due to delay filing as payment reflected in Corporate Debtor account

November 25, 2025 738 Views 0 comment Print

NCLAT Delhi held that the resolution professional is obliged to treat claims of genuine homebuyers, whose payments being reflected in the account of Corporate Debtor, at par with other homebuyers even when there was delay in filing their claims.

Application u/s. 10 of IBC admitted as Corporate Applicant established debt and default

November 25, 2025 486 Views 0 comment Print

NCLT admitted a Section 10 application for CIRP against a company after financial default was established. A moratorium was declared, and an IRP was appointed to manage insolvency proceedings.

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