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Power-of-attorney holder who signs sale deed would become executant or not: Matter referred to larger bench

August 4, 2025 1140 Views 0 comment Print

Such an agent would, therefore, continue to be covered by Section 32(c) of the Act as he would then present the signed document for registration only as an agent and must necessarily satisfy the requirements of Sections 32(c), 33. 34 and 35 of the Act and the rules framed in that context.

Exemption u/s. 13A denied to Indian National Congress as return not filed within prescribed due date

August 4, 2025 720 Views 0 comment Print

ITAT Delhi held that exemption granted to political party under section 13A denied to assessee (Indian National Congress) due to violation of 3rd proviso i.e. return of income not filed within prescribed due date. Accordingly, appeal of assessee dismissed.

Exemption u/s. 54(1) admissible even when sale proceeds used for purchase of multiple residential house

August 4, 2025 969 Views 0 comment Print

Bombay High Court held that the expression ‘a residential house’ in unamended Section 54(1) of the Act includes more than one residential house. Thus, sale proceeds of one residential house used for purchase of multiple residential house qualifies for exemption u/s. 54(1).

IBC: Application u/s. 7 treated as deemed to be withdrawn by virtue of third proviso of section 7

August 4, 2025 639 Views 0 comment Print

The above statutory provision makes it clear that in event the Applicant, fails to comply with the second Proviso to modify the application within thirty days from the date of amendment, deeming provision of law shall come into play and the application shall be deemed to have been withdrawn.

Attachment order under PMLA upheld as burden of proof u/s. 24 of PMLA not discharged

August 4, 2025 726 Views 0 comment Print

Delhi High Court upheld the attachment order under PMLA in view of appellant’s criminal and appellant’s failure to discharge the burden of proving the facts in support of his claim that the attached properties are untainted and not obtained directly or indirectly from criminal activity.

Non-provision of minimum time to reply against GST MOV-07 notice is breach of principles of natural justice

August 4, 2025 1518 Views 0 comment Print

Gujarat High Court held that not providing seven days time for filing of reply against notice in Form GST MOV-07 and passing of the impugned order u/s. 129(3) of the CGST Act amounts to flagrant breach of principles of natural justice. Accordingly, writ allowed.

Section 75(5) of CGST Act doesn’t mandate providing mandatory three adjournments

August 4, 2025 1080 Views 0 comment Print

Delhi High Court held that provisions of section 75(5) of the CGST Act cannot be interpreted in a manner that there has to mandatorily be a minimum of three adjournments afforded to every person. Accordingly, writ dismissed as not entertained.

Addition u/s. 68 towards unexplained cash credit not justified as cash sales already accepted as genuine

August 4, 2025 996 Views 0 comment Print

ITAT Ahmedabad held that once cash sales are accepted as genuine for the purpose of determining profit, the same cannot be added again as unexplained cash credit by invoking provisions of section 68 of the Income Tax Act. Accordingly, appeal of revenue dismissed.

‘Going concern sale’ should have same interpretation u/s. 53 of IBC and under regulation 32

August 4, 2025 726 Views 0 comment Print

Madras High Court held that no interpretation contrary to Section 53 of the Insolvency and Bankruptcy Code, 2016 [IBC] can be attributed to the expression ‘going concern sale’ as contemplated under Regulation 32 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016.

Extrapolation of wages restricted to evidences found during survey: ITAT Chandigarh

August 4, 2025 627 Views 0 comment Print

AO taxed the said surrendered amount under the provisions of section 115BBE of the Income Tax Act. CIT(A) allowed the appeal of the assessee. Being aggrieved, revenue has preferred the present appeal.

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