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section 43

Latest Articles


Preferential transactions under Section 43 of IBC

Income Tax : Understand Section 43 of the IBC, covering preferential transactions, antecedent debt, look-back periods for related and unrelated...

July 10, 2025 705 Views 0 comment Print

Taxation of Derivative and Futures & options (F&O) Transactions

Income Tax : Learn about taxation on derivatives and F&O transactions, their treatment as business income, audit requirements, and presumptive ...

September 17, 2024 12477 Views 0 comment Print

Bonafide Mistake: Still a Bonafide plea under Black Money Act?

Income Tax : Explore conflicting rulings on whether bonafide mistakes in disclosing foreign assets under the Black Money Act can avoid penaltie...

August 26, 2024 2121 Views 0 comment Print

Things to Keep in Mind While Disclosing Your F&O Income at the Time of Filing Taxes

Income Tax : F&O traders need to know how their profits are taxed. With the ITR return filing date approaching, it is imperative to know how st...

July 9, 2024 2475 Views 0 comment Print

Payment to MSMEs in 45/15 Days: Section 43B(h) Explained

Income Tax : Explore the impact of Finance Act, 2023, on MSME payment enforcement under section 43B(h) of the Income Tax Act, 1961. Understand ...

February 5, 2024 284919 Views 9 comments Print


Latest Judiciary


No Penalty for Genuine Oversight in Foreign Asset Disclosure: ITAT Chandigarh

Income Tax : The Tribunal ruled that penalties under Section 43 of BMA cannot be imposed for bona fide reporting mistakes when investments were...

November 13, 2025 471 Views 0 comment Print

Writ Petition Dismissed as Alternate Remedy under IBC Available: Gujarat HC

Corporate Law : Gujarat High Court held that it would not be appropriate to invoke its extraordinary discretionary jurisdiction under Article 226 ...

November 10, 2025 90 Views 0 comment Print

Resolution plan as approved by CoC meets requirements of IBC hence approved

Company Law : NCLT Mumbai held that resolution plan for Corporate Debtor as submitted by M/s. West End Investment and Finance Consultancy P. Ltd...

November 7, 2025 189 Views 0 comment Print

Delay of 3621 days in filing of impleadment application condoned as reasonable explanation provided

Corporate Law : Delhi High Court held that 3621 days of delay in filing of an application for impleadment as legal heir allowed since matter came ...

November 5, 2025 144 Views 0 comment Print

DDIT(Inv.) Lacked Jurisdiction Beyond ₹5 Lakh Limit – Only Regular AO Can Levy Higher Penalty under BMA

Income Tax : ITAT Mumbai quashed a Rs.10 lakh penalty under Black Money Act, ruling that DDIT(Inv.) lacked necessary pecuniary jurisdiction to ...

November 4, 2025 210 Views 0 comment Print


Latest Notifications


CBDT notifies more modes of e-payments; 6DD limit reduced to ₹ 10000

Income Tax : Notification No. 8/2020-Income-Tax- CBDT has notified Other electronic modes by inserting New Income TAx Rule 6ABBA. It also amend...

January 29, 2020 13731 Views 0 comment Print

CBDT notifies Ace Derivatives and Commodity Exchange Ltd.’ for trading of commodity derivative U/s. 43(5)

Income Tax : Notification No. 15/2014-Income Tax entral Government hereby notifies the Ace Derivatives and Commodity Exchange Limited, Ahmedaba...

March 20, 2014 883 Views 0 comment Print


Latest Posts in section 43

No Penalty for Genuine Oversight in Foreign Asset Disclosure: ITAT Chandigarh

November 13, 2025 471 Views 0 comment Print

The Tribunal ruled that penalties under Section 43 of BMA cannot be imposed for bona fide reporting mistakes when investments were from legitimate, disclosed funds.

Writ Petition Dismissed as Alternate Remedy under IBC Available: Gujarat HC

November 10, 2025 90 Views 0 comment Print

Gujarat High Court held that it would not be appropriate to invoke its extraordinary discretionary jurisdiction under Article 226 of the Constitution of India in the present case involving possession and control of assets with corporate debtor during liquidation.

Resolution plan as approved by CoC meets requirements of IBC hence approved

November 7, 2025 189 Views 0 comment Print

NCLT Mumbai held that resolution plan for Corporate Debtor as submitted by M/s. West End Investment and Finance Consultancy P. Ltd. is approved u/s. 31(1) of IBC since the same is duly approved by CoC and meets the requirements of IBC and the IBBI Regulations.

Delay of 3621 days in filing of impleadment application condoned as reasonable explanation provided

November 5, 2025 144 Views 0 comment Print

Delhi High Court held that 3621 days of delay in filing of an application for impleadment as legal heir allowed since matter came to the knowledge of legal heir only after the same was listed after nearly thirteen years. Accordingly, since reasonable and bonafide explanation provided, the delay in filing of impleadment application condoned.

DDIT(Inv.) Lacked Jurisdiction Beyond ₹5 Lakh Limit – Only Regular AO Can Levy Higher Penalty under BMA

November 4, 2025 210 Views 0 comment Print

ITAT Mumbai quashed a Rs.10 lakh penalty under Black Money Act, ruling that DDIT(Inv.) lacked necessary pecuniary jurisdiction to impose penalties exceeding ₹5 lakh. Decision strictly enforces CBDT guidelines, which reserve penalty proceedings requiring JCIT approval for regular Assessing Officer, deeming DDIT(Inv.) order as being without jurisdiction.

Financial Creditor mandatorily needs to prove disbursement as defined u/s. 5(8)(f) of IBC

November 3, 2025 192 Views 0 comment Print

NCLAT Delhi held that appellant doesn’t qualify as a Financial Creditor since appellant has failed to discharge the burden of proving any disbursement as defined under Section 5(8)(f) of the Insolvency and Bankruptcy Code. Accordingly, order upheld and appeal dismissed.

ITAT Kolkata Holds Forex Derivative Loss is NOT Speculative – Allowed as Normal Business Loss

October 17, 2025 129 Views 0 comment Print

The ITAT ruled that loss from trading in foreign currency derivatives on a recognized exchange is non-speculative business loss, eligible for set-off under Section 43(5)(d). The Tribunal held that such transactions are covered by the exception for derivatives and rejected the lower authorities’ mechanical disallowance.

Resolution plan of KGS Sugar & Infra Corporation submitted by Grainotch Industries Ltd approved

October 13, 2025 285 Views 0 comment Print

The Honble Apex Court further held that the discretion of the Adjudicating Authority is circumscribed by Section 31 of the Code and is limited to scrutiny of the Resolution Plan as approved by the requisite percent of voting share of financial creditors.

Resolution plan of Amphitrite Subsea Pvt. Ltd. for Dunnimaa Engineers and Divers Enterprises Pvt. Ltd. approved

October 13, 2025 135 Views 0 comment Print

NCLT Mumbai held that resolution plan submitted by M/s. Amphitrite Subsea Pvt. Ltd. for Dunnimaa Engineers and Divers Enterprises Pvt. Ltd., (Corporate Debtor) meeting requirements of section 30(2) of IBC and Regulations 37, 38, 38(1A) and 39(4) of the CIRP Regulations stands approved.

Resolution plan of Shubhlaxmi Investment Advisory Pvt. Ltd. for RCF Building Products Ltd. approved

October 13, 2025 147 Views 0 comment Print

NCLT Kochi approved the resolution plan submitted by M/s. Shubhlaxmi Investment Advisory Pvt. Ltd. for RCF Building Products Limited since the same is in accordance with section 30 and 31 of the Insolvency and Bankruptcy Code.

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