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IBC Section 9 application dismissed as debt below minimum threshold of Rs. 1 Crore

May 21, 2025 1077 Views 0 comment Print

NCLT Delhi held that alleged debt falls below the minimum threshold limit of Rs. 1 Crore as laid down under section 4 of the Insolvency and Bankruptcy Code, 2016 and hence section 9 application for initiation of CIRP dismissed.

Extended Period Not invocable Without Proof of Wilful Misstatement or Suppression

May 21, 2025 870 Views 0 comment Print

Calcutta High Court held that invocation of extended period of limitation without establishing wilful mis-statement and suppression of material facts with intent to evade payment of tax is not justifiable. Accordingly, entire order passed by adjudicating authority is set aside.

Case Transfer U/S 127 Upheld for Coordinated Probe on Group’s Seized Documents

May 21, 2025 699 Views 0 comment Print

Pursuant to the search operation, a show-cause notice was issued to the appellants as required u/s. 127 of the Act, proposing to centralise the income tax files relating to the appellants to the Central Circle in Kolkata.

Delay in Filing Scheme of Compromise U/S 230 Not Condoned as no Auction Flaws found

May 21, 2025 621 Views 0 comment Print

NCLAT Chennai held that delayed filing of scheme of compromise u/s. 230 of the Companies Act cannot be condoned since there was no procedural flaw in conducting the auction till the stage it was finalized by the issuance of the sale certificate.

Section 11 Exemption Granted as no Proof of Excessive Salary to Member

May 21, 2025 525 Views 0 comment Print

ITAT Delhi held that denial of exemption u/s. 11 of the Income Tax Act by invoking provisions of section 13(1)(c) without any material brought on record to substantiate that salary paid to members were excessive.

Verified country of origin certificate sufficient proof of origin criteria: CESTAT Ahmedabad

May 20, 2025 1395 Views 0 comment Print

CESTAT Ahmedabad held that County of Origin certificate verified by the relevant authority is sufficient proof of origin criteria and hence denial of exemption benefit under Notification No. 99/2011-Cus dated 09.11.2011 not justifiable.

Full & true disclosure of all material facts: Section 148 Reopening quashed

May 20, 2025 729 Views 0 comment Print

Madras High Court held that reopening of assessment under section 148 of the Income Tax Act not sustainable since assessee has fully and truly disclosed all the material facts. Accordingly, order along with notices are liable to be set aside.

Metal lease charge not in nature of interest is includible in assessable value

May 20, 2025 393 Views 0 comment Print

CESTAT Delhi upheld the inclusion of metal lease charges in assessable value since the same was paid as a condition of sale and not paid in nature of interest. Accordingly, differential duty demand confirmed.

Redetermination of Imported Goods Value Based Solely on Importer’s Admission Not Allowed

May 20, 2025 597 Views 0 comment Print

In the present case, the revenue has merely re-assessed the value on the basis of the statement of Shri Jhunjhunwala, which is not the prescribed requirement for reassessment of the value of the imported goods.

GST leviable on construction service rendered in lieu of development rights: Patna HC

May 20, 2025 1215 Views 0 comment Print

Patna High Court held that GST is leviable on construction service rendered in lieu of the development rights under the Development Agreement. Accordingly, the present writ application is not entertained.

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