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Judiciary

NCLAT Remands Case: NCLT Must State Reasons for Denial of relief

October 27, 2025 426 Views 0 comment Print

NCLAT Delhi set aside an NCLT order and remanded the case, holding that the Adjudicating Authority must provide reasons for denying or refusing any reliefs sought by the appellant.

Transaction Value Must Prevail for Export Duty – Moisture Content Can’t Alter Valuation: CESTAT Hyderabad

October 27, 2025 465 Views 0 comment Print

CESTAT ruled that transaction value supported by final invoice and BRC must be accepted for export duty finalization, overriding CRCL report on moisture content. set aside a Customs order, confirming that the actual transaction value realized for iron ore exports must be used for final duty assessment.

IBC Appeal Fails as NCLAT Denies Section 14 Limitation Relief for DRT Proceedings

October 27, 2025 408 Views 0 comment Print

NCLAT dismissed PNB’s insolvency plea against Concast Morena as time-barred, ruling that a pending recovery case in DRT doesn’t qualify for Section 14 exclusion. the rejection of a bank’s Section 7 petition, stating the application was time-barred and the RDDB Act recovery suit didn’t reset the deadline.

ITAT Deletes Penalty Despite Bogus Purchase Finding Due to Faulty Charge

October 27, 2025 645 Views 0 comment Print

ITAT deleted a penalty under Section 271(1)(c), ruling the AO failed to levy the correct charge (concealment vs. inaccurate particulars), making the penalty unsustainable. finding the AO charged the assessee with concealment of income when the facts indicated furnishing inaccurate particulars.

Purchase of Land Not Equal to Commencement of Charitable Activities: ITAT Chandigarh

October 27, 2025 597 Views 0 comment Print

ITAT directed the CIT(E) to grant Section 12AB registration, ruling that mere land purchase is a preparatory step and not the commencement of charitable activities, the cancellation of a trust’s provisional registration, stating that technical errors and land acquisition cannot justify denying charitable status.

ITAT Remands Case as AO Ignored Evidence Submitted Through Online Portal

October 27, 2025 585 Views 0 comment Print

ITAT Mumbai set aside a ₹74 lakh unexplained investment addition, remanding the case to the AO after finding the AO ignored evidence and based the addition on an incorrect loan amount.

Personal Guarantor’s Plea for Lending Documents Dismissed – NCLAT Finds Inspection Sufficient

October 27, 2025 552 Views 0 comment Print

NCLAT Delhi dismisses appeals by personal guarantors against Bank of Baroda, upholding NCLT’s direction for the bank to allow inspection of lending documents.

Clerical Mistake in Export Shipping Bills Not Grounds for Confiscation

October 27, 2025 783 Views 0 comment Print

CESTAT Bangalore ruled Section 113(h)(i) of Customs Act applies only if goods are entered for export. Shortage due to EOU’s clerical error not liable for confiscation. citing a clerical error and not a deliberate mis-declaration or illicit DTA clearance.

ITAT Restores 80G Approval Application Rejected for Wrong Clause Selection & Delay

October 27, 2025 834 Views 0 comment Print

ITAT restored a trust’s 80G approval rejection, directing the CIT(E) to accept the application based on a CBDT circular extending the filing deadline and allowing clause correction. The ITAT ruled that a charitable trust can correct an error in its 80G application and confirmed that the filing deadline was extended by a subsequent CBDT circular.

CESTAT Upholds Service Tax Demand Due to ITR-ST-3 Mismatch

October 27, 2025 831 Views 0 comment Print

CESTAT confirmed a Service Tax demand, ruling that a service provider’s failure to explain a large discrepancy between ITR and ST-3 returns justifies the tax liability.

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