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CoC empowered to decide to liquidate Corporate Debtor before confirmation of resolution plan

November 14, 2024 585 Views 0 comment Print

NCLAT Delhi held that section 33 of Insolvency and Bankruptcy Code, 2016 (IBC) empowers the CoC to decide to liquidate the Corporate Debtor any time before the confirmation of the resolution plan by the Adjudicating Authority.

Failure to admit and evaluate additional evidence constitutes violation of natural justice: ITAT Ahmedabad

November 14, 2024 732 Views 0 comment Print

ITAT Ahmedabad held that CIT(A) erred in upholding addition made by AO without considering the additional evidence. Such failure to admit and evaluate the additional evidence constitutes a violation of natural justice. Thus, matter remanded back for fresh adjudication.

Financial decision by Committee of Creditors while evaluating resolution plan will prevail: Supreme Court

November 14, 2024 633 Views 0 comment Print

Supreme Court held that the financial decisions as have been taken by Committee of Creditors, especially with regard to viability or otherwise, while evaluating the resolution plan would prevail.

Competent authority authorized to decide rewards under informer schemes: Delhi HC

November 14, 2024 1086 Views 0 comment Print

Delhi High Court held that rewards under informer schemes are ex-gratia payments and thus, lie within the discretion of the competent authority. Court cannot direct Government to grant a particular amount to the informant by way of an award.

Addition u/s. 69A quashed as nature and source of deposit clearly established: ITAT Nagpur

November 14, 2024 1383 Views 0 comment Print

ITAT Nagpur held that the addition made under section 69A of the Income Tax Act towards unexplained money is liable to be quashed since the nature and source of deposit is clearly established.

Addition u/s. 69 based on excel sheet seized from third party without independent enquiry untenable

November 14, 2024 3447 Views 0 comment Print

ITAT Vishakhapatnam held that addition u/s. 69 r.w.s. 115BBE of the Income Tax Act merely on the basis of excel sheet seized from third party without any independent enquiry and independent corroborative evidences is unsustainable in law.

Corrigendum issued by AO to rectify mistake made in original assessment order is valid: ITAT Chennai

November 14, 2024 2370 Views 0 comment Print

ITAT Chennai held that corrigendum issued by AO to rectify the mistake made while issuing original assessment order is legal and valid. Accordingly, matter remanded back to CIT(A) for adjudication on merits.

Cost imposed on assessee for negligence in diligently prosecuting appeal before CIT(A): ITAT Ahmedabad

November 14, 2024 837 Views 0 comment Print

ITAT Ahmedabad restored the matter back to the file of CIT(A) after imposing cost of Rs. 5,000 on the assessee for negligence in diligently prosecuting the appeal before CIT(A). It is directed that amount is to be deposited in the Prime Minister’s Relief Fund.

Re-assessment u/s. 149 r.w.s 153C beyond period of ten years untenable: Delhi HC

November 14, 2024 1611 Views 0 comment Print

Delhi High Court held that re-assessment proceedings set aside as assessment in respect of the AY 2015-16 falls beyond the period of ten years as stipulated u/s. 149 read with Section 153C of the Income Tax Act.

For period 01.07.2017 till 30.11.2022 claim for ITC made before 30th November should be processed

November 13, 2024 1461 Views 0 comment Print

Kerala High Court held that for the period from 01.07.2017 till 30.11.2022, if a dealer has filed return after 30th September and the claim for ITC was made before 30th November, the claim for ITC of such dealer should also be processed.

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