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Notice of extension of seizure is to be issued under GST: Delhi HC

March 28, 2025 186 Views 0 comment Print

Delhi High Court held that section 67(7) of the CGST Act mandates that notice of extension of the seizure is required to be issued to the assessee prior to conclusion of the six-month period. Thus, seized goods are directed to be released.

Madras HC directed continuation of stay till disposal of appeal before Appellate Authority

March 28, 2025 870 Views 0 comment Print

Madras High Court directed to expeditiously dispose of the appeal filed before Appellate Authority and also held that stay granted shall continue to operate till the disposal of pending appeal.

Payment after CIRP without consent of IRP is breach of moratorium: NCLT Mumbai

March 27, 2025 282 Views 0 comment Print

NCLT Mumbai held that payment made after Corporate Insolvency Resolution Process [CIRP] without consent of Interim Resolution Professional [IRP] is breach of moratorium as provided in Section 14 of the Code. Hence, payment is liable to be refunded back to Corporate Debtor.

Disciplinary proceedings against Joint Controller General of Accounts (Administration) legal

March 27, 2025 81 Views 0 comment Print

Delhi High Court held that initiation of disciplinary proceedings against Joint Controller General of Accounts (Administration) based on office order dated 3rd April 2018 is legal since MOF has only allocated work relating to all disciplinary matter to MOS and there is no sub-delegation of work.

Beneficiary under personal guarantee entitled to file application u/s. 95 of IBC

March 27, 2025 78 Views 0 comment Print

NCLAT Delhi held that beneficiary under the personal guarantee is fully entitled to initiate Personal Insolvency Resolution Process against personal guarantor u/s. 95 of the Insolvency and Bankruptcy Code, 2016 (IBC).

Resolution plan of ACME Cleantech Solutions for Reliance Big Private Limited approved

March 27, 2025 90 Views 0 comment Print

NCLT Mumbai approved ACME Cleantech Solutions Private Limited resolution plan as moved by resolution professional of Reliance Big Private Limited The present Application is moved by Mr. Rohit Ramesh Mehra (“Applicant”), Resolution Professional of Reliance Big Private Limited (“Corporate debtor”) under Section 30(6) r/w Section 31 (l) of the Insolvency and Bankruptcy Code, 2016.

GST audit to be completed within 3 months from date on which all records are made available

March 27, 2025 324 Views 0 comment Print

Kerala High Court held that commencement of GST audit u/s. 65 means date on which records and documents are made available by registered person. Hence, GST audit ought to be completed within 3 months from the said date.

Time limit for bringing immovable property to sale by auction extended as per proviso to rule 68B

March 27, 2025 96 Views 0 comment Print

Madras High Court held that extension of period for bringing immovable property to sale by auction is justifiable since time limit got extended as per proviso to rule 68B. Thus, writ petition stands dismissed.

Assessee not required to prove source of amount in bank account of cash creditors: ITAT Jaipur

March 27, 2025 12504 Views 0 comment Print

ITAT Jaipur held that assessee just needs to establish that the amount has come from the bank account of the cash-creditors. Assessee is not required to prove the source of the amount in the bank accounts of the cash creditors. Thus, addition u/s. 68 deleted since genuineness of transaction proved.

Notice u/s. 143(2) issued by non-jurisdictional AO is bad-in-law: ITAT Kolkata

March 27, 2025 4614 Views 0 comment Print

ITAT Kolkata held that issuance of notice under section 143(2) of the Income Tax Act by non-jurisdictional Assessing Officer renders assessment bad-in-law. Thus, assessment order is bad-in-law and hence liable to be quashed.

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