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Conviction u/s. 138 of NI Act upheld as non-payment by accused proved

July 9, 2025 855 Views 0 comment Print

Himachal Pradesh High Court held that accused is rightly convicted of the commission of an offence punishable under section 138 of the Negotiable Instruments Act since it is duly proved that accused has failed to pay money to the complainant.

Exemption u/s. 54 granted as amount utilized within extended time under TOLA

July 9, 2025 2622 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 54 of the Income Tax Act on account of non-utilization of consideration not justified as utilization done within extended time limit for making the investment under the TOLA. Accordingly, exemption u/s. 54 granted and appeal allowed.

Non-communication of ‘reasons to believe’ to arrestee under GST renders arrest procedurally infirm

July 9, 2025 651 Views 0 comment Print

Gauhati High Court held that non-communication of ‘reasons to believe’ to the arrestee in the matter of fraudulent availment of ITC under GST vitiates the process and undermines the safeguards guaranteed under law, rendering the arrest procedurally infirm. Accordingly, interim bail granted.

Delay of 147 days in refiling appeal against NFRA order without appropriate reasons not condoned

July 9, 2025 930 Views 0 comment Print

NCLAT Delhi held that delay of 147 days in refiling of an appeal against National Financial Reporting Authority [NFRA] order without any satisfying reasons is not condonable. Accordingly, appeal dismissed and delay not condoned.

Bail rejected as money laundering accusations appears to be prima facie true

July 9, 2025 420 Views 0 comment Print

Delhi High Court held that bail application dismissed as there are reasonable grounds to believe that the accusations in money laundering case against the Appellant appear prima facie to be true. Accordingly, bail application rejected.

Non-compliance as notices sent to wrong email id acceptable: Matter remanded back to CIT(A)

July 9, 2025 891 Views 0 comment Print

ITAT Raipur set aside ex-parte order passed by CIT(A) since the reason for non-compliance by the assessee before CIT(A)/NFAC was that the hearing notices have been sent in the wrong email id by the department. Accordingly, matter of accommodation entries remanded back to CIT(A).

Revenue should investigate whether bogus transaction is tax planning or tax evasion: ITAT Raipur

July 9, 2025 654 Views 0 comment Print

ITAT Raipur held that in case of bogus/ sham transactions it is the responsibility of revenue authorities to investigate and decide that whether bogus transactions fall within the category of tax planning or tax evasion. Accordingly, matter restored back to AO for fresh consideration.

Prosecution u/s. 276C(1) cannot be continued as penalty proceedings u/s. 276C(1) already terminated

July 8, 2025 846 Views 0 comment Print

Madras High Court held that prosecution initiated for the offence punishable under Section 276C(1) of the Act cannot be continued, in the light of the penalty proceedings initiated under Section 276C(1) of the Act have been already terminated by the Appellate Tribunal.

Accused entitled to acquittal as financial capacity of complainant not proved

July 8, 2025 888 Views 0 comment Print

Himachal Pradesh High Court held that complainant failed to prove his financial capability and hence the accused is entitled to acquittal. Accordingly, order of Trial Court upheld and petition is dismissed.

Nidhi Company directed to furnish reply complying with defects in application filed in e-form NDH-4

July 8, 2025 1254 Views 0 comment Print

Madras High Court directs to furnish fresh reply regarding compliance of defects stated in order rejecting application in e-form NDH-4 filed by Nidhi Company. Further, department directed to pass order after considering fresh replies and after providing opportunity of being heard.

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