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Judiciary

Application u/s. 33(2) of IBC for liquidation approved as no resolution plan received

September 9, 2025 279 Views 0 comment Print

NCLT Chandigarh held that application u/s. 33(2) of the Insolvency and Bankruptcy Code for the initiation of the liquidation process of the Corporate Debtor [Hoshiar Nirvair Tractors Private Limited] stands approved as no resolution plan was received even after publication of Form G twice.

CIT(A) cannot dismiss appeal on account of non-prosecution

September 9, 2025 447 Views 0 comment Print

ITAT Mumbai held that CIT(A) is not vested with any power to summarily dismiss the appeal on account of non prosecution. CIT(A) remains under statutory obligation to dismiss appeal on merits. Accordingly, matter remanded back to CIT(A) for denovo adjudication.

Liability of corporate guarantor is co-extensive with principal borrower under IBC

September 9, 2025 924 Views 0 comment Print

Held that the liability of the corporate guarantor is co-extensive with the principal borrower, and accordingly, both the principal borrower and corporate guarantor are equally liable for the default. Accordingly, CIRP application u/s. 7 of IBC allowed.

Differential duty demand set aside as re-test report not provided

September 9, 2025 594 Views 0 comment Print

CESTAT Mumbai held that re-classification of goods and demand of differential duty based on re-testing report without providing the said re-test report to the importer/ assessee is not tenable in law. Accordingly, demand u/s. 28 doesn’t stand the scrutiny of law.

ITAT Chennai Upholds DRT Order: Bonafide Purchasers Not Protected Against Existing Mortgage

September 9, 2025 180 Views 0 comment Print

ITAT Chennai dismisses an appeal, ruling that a property sale is subject to a pre-existing equitable mortgage, validating a bank’s action under SARFAESI Act.

Reasonably sufficient time to be grated for furnishing reply to GST SCN

September 9, 2025 1053 Views 0 comment Print

Delhi High Court held that one day’s notice for hearing is completely violative of principles of natural justice. Also held that GST department needs to ensure that reasonably sufficient time is granted for furnishing reply. Thus, afforded 30 days time to file reply to GST SCN.

Jurisdiction of Collector of Stamps for valuing property not permissible

September 9, 2025 480 Views 0 comment Print

Chhattisgarh High Court held that questioning jurisdiction and authority of collector of Stamps for market value of property transferred under Income Tax Act not permissible since already accepted by petitioner. Accordingly, writ appeal sans merit is dismissed.

Estimated GST without analysis of coal use & brick production is illegal: Patna HC

September 9, 2025 684 Views 0 comment Print

The Patna High Court has set aside an order against a brick manufacturer, directing a fresh tax assessment after ruling that the initial order was based on “mere guesswork” without any technical yardstick.

Advocates cannot be prosecuted for clients’ claims: Delhi HC

September 9, 2025 915 Views 0 comment Print

Delhi HC rules advocates cannot be prosecuted for clients’ claims, as verifying the truth of the case is not part of their professional duty.

ITAT directs AO to adopt Rs. 60/sq.m FMV and verify Section 54F claims

September 9, 2025 315 Views 0 comment Print

The ITAT has fixed the fair market value of land at Rs. 60/sq.m. for capital gains calculation and directed the tax authorities to re-examine a taxpayer’s deduction claim under Section 54.

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