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Liquidation u/s. 33 initiated on failure to implement resolution plan

October 14, 2025 942 Views 0 comment Print

NCLT Chennai directs initiation of liquidation proceedings under section 33 of the Insolvency and Bankruptcy Code of the Corporate Debtor due to failure of implementing the resolution plan. Thus, the present application is allowed.

Unexplained expenditure addition based on suspicion without independent enquiry cannot be sustained

October 13, 2025 369 Views 0 comment Print

ITAT Mumbai held that addition towards unexplained expenditure merely on the basis of suspicion based on information received from another authority without independent enquiry cannot be sustained. Accordingly, appeal of revenue dismissed.

Waiver application u/s. 244 of Companies Act by non-members cannot be sustained

October 13, 2025 750 Views 0 comment Print

NCLAT Chennai held that application under section 244 of the Companies Act, 2013 seeking waiver by the non-members cannot be allowed. Accordingly, order quashed and appeal stands allowed.

Photography flashlights which produces flash for short duration is classified under CTH 9006

October 13, 2025 453 Views 0 comment Print

CESTAT Delhi held that photography flashlights which produces a flash for a very short duration are classifiable under Customs Tariff Heading 9006 99 00 and not under 9405 40 10. Accordingly, Principal Commissioner cannot discard order of Commissioner (A) and Joint Commissioner to reclassify the goods.

Interconnect usage and roaming charges paid to FTO are not royalty hence not taxable in India

October 13, 2025 708 Views 0 comment Print

ITAT Mumbai held that the interconnect usage charges and roaming charges paid to Foreign Telecom Operators [FTOs] are not in the nature of royalty and hence not taxable in India. Thus, disallowance u/s. 40(a)(i) for non-deduction of TDS not justified. Accordingly, appeal allowed to that extent.

Section 68 Addition Not Justified for Loan Before Business Commencement: ITAT Jaipur

October 13, 2025 579 Views 0 comment Print

Tribunal held that unexplained credit u/s 68 cannot be added when assessee has not yet commenced business. Loans received via account payee cheques from relatives of partners were genuine, referencing Alankar Promoters LLP vs ITO (Delhi HC).

Section 69A matter remanded back as additional evidences needs verification of lower authority

October 13, 2025 483 Views 0 comment Print

ITAT Hyderabad held that addition towards unexplained money under section 69A of the Income Tax Act is liable to be set aside and matter is remanded back to AO since additional evidences submitted by the assessee needs to be verified by lower authorities.

NCLT Mumbai approves resolution plan of Priyam Projects (I) Pvt. Ltd. for Steadfast Shipping Pvt. Ltd.

October 13, 2025 519 Views 0 comment Print

NCLT Mumbai held that resolution plan submitted by M/s. Priyam Projects (I) Pvt. Ltd. [Successful Resolution Applicant] for M/s. Steadfast Shipping Private Limited [Corporate Debtor] meeting requirements of Section 30(2) of IBC and Regulations 37, 38, 38 (1A) and 39 (4) of the Regulations stands approved.

Common GST SCN or common GST order for different tax periods is impermissible

October 13, 2025 1005 Views 0 comment Print

Andhra Pradesh High Court held that common show cause notice and/or common order for different tax periods is impermissible. Accordingly, common order for assessment periods 2017-2018 to 2022-2023 is liable to be set aside and matter remanded back to respondent.

Deposit of 25% of disputed tax amount directed due to failure to furnish reply to GST SCN

October 13, 2025 315 Views 0 comment Print

Madras High Court directs petitioner to deposit 25% of the disputed tax amount and quashed impugned order since petitioner failed to furnish reply to GST SCN. Accordingly, court also directs to furnish reply within stipulated time period.

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