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No denial of registration to Trust u/s 12AB if it was engaged in Fund-Raising activities

January 13, 2025 1212 Views 0 comment Print

Denial of registration under section 12AB to a trust engaged in fund-raising activities was not correct as one-time fund raising programme carried out by assessee-trust was not an organized activities in the nature of business akin to selling of lottery tickets.

Refund of Extra Duty Deposit should be provided automatically without requiring separate refund application

January 13, 2025 1473 Views 0 comment Print

Refund of Extra Duty Deposit ( EDD ) was not subject to the limitation under Section 27 of the Customs Act, 1962, and should be returned upon finalization of provisional assessments without requiring a formal refund claim.

No Penalties for Not Filing Transshipment Bill as Clearance Remains Valid

January 13, 2025 450 Views 0 comment Print

Failure to file a transshipment bill was deemed a technical lapse and it did not invalidate the clearance granted by customs. . Tribunal held that imposing duty demands and penalties in this matter lacked merit and legal basis.

Appeals were abated post RP approval by NCLT under IBC as it became non-est in law

January 13, 2025 801 Views 0 comment Print

Any orders passed beyond Tribunal’s vested powers would be non-est in law (invalid) and that these appeals had become infructuous due to the resolution plan’s approval, with no further issues for adjudication.

Tribunal set aside order ₹10,000 Cost on Revenue as CIT(A) dismissed appeal as time-barred despite extended deadline

January 13, 2025 765 Views 0 comment Print

CIT(A) without looking into the merits of the case and detailed submissions filed by assessee also without considering the CBDT Circular No. 20/2016 dismissed the appeal as time barred. Thus for the casual attitude of the Revenue in dismissing the appeal twice was liable to pay a cost of Rs. 10,000/- to the assessee to meet the ends of justice.

Non-maintainability of application u/s 9 of IBC as being time-barred

January 11, 2025 1581 Views 0 comment Print

Assessee-company had challenged an order passed by the National Company Law Tribunal ( NCLT ) which dismissed its Section 9 application under the IBC, against the corporate debtor for being time-barred

Matter remanded back to CIT (A) as there was failure to adjudicate issues u/s 148

January 11, 2025 1308 Views 0 comment Print

It was claimed that the notice under Section 148 was time-barred, reasons recorded under Section 147 were vague, and proper show-cause notices were not issued, violating Section 144B.

Appeal couldn’t be rejected based on non-compliance u/s 129E of Customs Act

January 11, 2025 696 Views 0 comment Print

Hence, the matter need to be remanded to Commissioner (A) to decide the issue on merit. At this stage, the issue was pending for more than 10 years, therefore, a timeframe was necessary for disposal of the appeal.

No addition for Gupt Daan’ – unexplained cash found in Religious Trust Lockers

January 9, 2025 1257 Views 0 comment Print

‘Gupt Daan’,a secret gift regarding unexplained cash in a Religious Trust locker was pertaining to RNB Temple Trust  and was already brought on record to the extent of Rs.1,79,00,000/- which was evident from the Balance Sheet submitted.

Non-maintainability of application u/s 7 as transaction was in nature of ‘Operational Debt’ and not ‘financial debt’

January 8, 2025 528 Views 0 comment Print

The bills so assigned to the Financial Creditors and the amounts against such bills was disbursed. In the process of transactions, the Applicants stated to have paid a sum of Rs. 2,34,17,965/- on various dates.

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