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Judiciary

NCLT Chandigarh Approves Resolution Plan for Pala Decor; Upholds CoC’s Commercial Wisdom

November 13, 2025 492 Views 0 comment Print

NCLT Chandigarh approved a ₹53.65 lakh plan by Geeta Jain for Pala Decor Pvt. Ltd., affirming that CoC’s commercial wisdom prevails under IBC Sections 30–31.

GST Waiver Application Cannot Be Rejected for Delay in Appeal Withdrawal if tax was paid

November 13, 2025 2028 Views 0 comment Print

The Madras High Court held that a taxpayer’s delay in withdrawing an appeal should not disqualify them from waiver of interest and penalty under Section 128A, where tax was fully paid before the cut-off date.

GST Fraud Case Sent Back for Appeal, Delhi HC Declines Writ Intervention

November 13, 2025 795 Views 0 comment Print

Court held that the order confirming fraudulent ITC and penalties is appealable under Section 107, granting petitioner time to file an appeal by December 2025.

Replacement Cost of Dies and Moulds is Revenue Expenditure: ITAT Mumbai

November 13, 2025 1152 Views 0 comment Print

ITAT Mumbai held that expenses on dies and moulds used in vehicle manufacturing are revenue in nature, not capital, as they involve regular replacements without creating new assets. The Tribunal upheld CIT(A)’s view, citing consistency with past rulings.

NCLT Admits Insolvency Plea for Proven Loan Default under Section 7

November 13, 2025 543 Views 0 comment Print

NCLT admitted a Section 7 petition after finding clear evidence of financial debt and continuing default, rejecting borrower’s defence of delayed disbursement and alleged creditor breach.

Delay in Form 10AB Filing Can Be Condoned If Reasonable Cause Exists: ITAT Mumbai

November 13, 2025 1911 Views 0 comment Print

Tribunal observed that the legislative amendment allowing condonation of delay reflects intent to grant equitable relief to genuine trusts and directed reconsideration of registration under Section 12AB.

Additions under Section 69C Unsustainable When Source of Expense Is Explained

November 12, 2025 2721 Views 0 comment Print

Tribunal held that rent expense differences cannot be taxed as unexplained expenditure without questioning the source. Matter remanded for verification of reconciliation and evidence.

Bombay HC condones Delay in Filing Form 10B Due to Genuine Hardship

November 12, 2025 1191 Views 0 comment Print

The Court condoned a 70-day delay in filing Form 10B, holding that the minor delay was justified and denying exemption under Section 11 would cause genuine hardship.

Transitional Credit cannot be denied for Human Error in GST TRAN-1 Filing: Kerala HC  

November 12, 2025 783 Views 0 comment Print

The Court held that Input Tax Credit cannot be denied due to a bona fide filing error in TRAN-1 and directed authorities to reopen the portal for resubmission within a month.

Assessment Order Void When Issued to Non-Existent Merged Entity: ITAT Mumbai

November 12, 2025 813 Views 0 comment Print

ITAT Mumbai ruled that once the Assessing Officer is aware of a merger, assessment in the name of the amalgamating company is invalid and without jurisdiction.

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