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Judiciary

Karnataka HC Rejects Review Petition by Revenue Against Release of Seized ₹2 Crore

September 16, 2025 351 Views 0 comment Print

Karnataka HC refused to interfere with its earlier order setting aside the Income Tax Department’s rejection of ITC’s plea for release of ₹2 crore seized during a raid. The matter was remitted to the Deputy Director of Income Tax for fresh consideration.

Notice u/s 148A(b) Invalid if Less Than 7 Days’ Time Given for Reply: Karnataka HC

September 16, 2025 942 Views 0 comment Print

The Karnataka High Court has affirmed that a notice for income tax reassessment under Section 148A(b) must grant a minimum of seven days for the assessee to respond.

Search Without Warrant Under Special Laws Requires Recorded Reasons: SC

September 16, 2025 1602 Views 0 comment Print

The Supreme Court ruled that recording reasons to believe is mandatory for all warrantless searches under special laws, reinforcing due process and preventing arbitrary action.

Sale not held in manner required under SARFAESI Act is liable to be set aside

September 16, 2025 504 Views 0 comment Print

DRAT Chennai held that since sale not held in the manner required under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] hence the same is liable to be set aside.

Pre-existing dispute cannot bar admission of application u/s. 7 of IBC

September 16, 2025 747 Views 0 comment Print

NCLT Cuttack held that a pre-existing dispute cannot be a bar for admission of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. Accordingly, CIRP application against S.S. Aluminium Private Limited admitted as debt and default established.

Proceedings u/s. 74 of CGST Act cannot be invoked without fraud or willful mis-statement to evade payment of tax

September 16, 2025 3696 Views 0 comment Print

Allahabad High Court held that initiation of proceedings under section 74 of the Central Goods and Services Tax Act [CGST Act] is not tenable in law since no findings is recorded which shows that there is fraud or willful mis-statement or suppression of fact to evade payment of tax.

Section 54 of CGST Act doesn’t envisage refund of unutilized ITC for closure of business

September 16, 2025 759 Views 0 comment Print

Sikkim High Court held that section 54 of the Central Goods and Services Tax Act [CGST Act] doesn’t envisage refund of unutilized ITC for closure of business. Thus, rejection of refund application is within parameters of section 54 and lawful.

Gujarat HC Stays IBBI’s Suspension of IP Over Bias, No Appeal Remedy

September 16, 2025 603 Views 0 comment Print

Gujarat High Court stays a six-month suspension of an Insolvency Professional by IBBI, citing issues of bias and the lack of an appellate remedy.

No Upfront Payment, No OTS –SC Favors SBI in ₹7 Cr Recovery Dispute

September 16, 2025 3705 Views 0 comment Print

The Supreme Court has ruled that an application under the State Bank of India’s (SBI) One Time Settlement (OTS) 2020 Scheme is invalid without the mandatory 5% upfront payment of the settlement amount.

Interest on housing loan includible in cost of acquisition u/s. 48 provided not claimed as deduction u/s. 24(b)

September 16, 2025 942 Views 0 comment Print

ITAT Bangalore held that interest on housing loan is allowed to be included in cost of acquisition of capital asset under section 48 of the Income Tax Act provided the same is not claimed as deduction u/s. 24(b). Accordingly, matter restored back to AO for verification.

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