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Judiciary

Interim Bail Made Absolute by Gauhati HC in Alleged GST Transaction Dispute

September 4, 2025 402 Views 0 comment Print

The Gauhati High Court has made the interim bail of a trader accused in a GST case absolute. The court’s order directs the petitioner to continue cooperating with the investigation and provide all relevant documents.

ITAT Condoned Delay, Restores ₹4.63 Cr Cash Deposit Case for Fresh Hearing

September 4, 2025 351 Views 0 comment Print

ITAT Bangalore sets aside tax demand of ₹7.29 crore on a rural co-op society, citing its inability to explain a ₹4.63 crore cash deposit due to a negligent tax practitioner.

Code Name “Thekedar” Not Enough – Presumption Under 292C Applies Only to searched assessee

September 4, 2025 324 Views 0 comment Print

The ITAT has quashed an income tax assessment against Dinesh Kumar Jain, ruling that a mere code name, “Thekedar,” in seized data was not enough to prove unaccounted income without corroborative evidence.

ITAT Chennai Quashes Income Tax Assessment on Non-Existent Company

September 4, 2025 456 Views 0 comment Print

The ITAT quashed a final assessment order against a company that no longer existed due to amalgamation, ruling the order void despite departmental knowledge of the merger.

Deliberate avoidance of participation by personal guarantor u/s. 95 proceedings not acceptable

September 4, 2025 405 Views 0 comment Print

NCLAT Delhi held that appellant as a personal guarantor, has been deliberately avoiding participation in the Section 95 proceedings. Accordingly, initiation of proceeding u/s. 95 of the Insolvency and Bankruptcy Code against personal guarantor duly admitted by NCLT.

Delayed Filing of Form 10-IC – Substantive Right vs. Procedural Lapse

September 4, 2025 2283 Views 0 comment Print

The ITAT Delhi has directed the tax department to apply the 22% concessional tax rate to Kworks Technologies, citing a procedural lapse in late filing of a tax form.

Section 9 application rightly rejected as time barred as extension of limitation u/s. 19 not admissible

September 4, 2025 225 Views 0 comment Print

NCLAT Delhi held that extension of limitation u/s. 19 of the Limitation Act, 1963 not admissible since there was no acknowledgement by Corporate Debtor. Accordingly, rejection of application under section 9 rightly rejected as time barred.

GST Appeal Beyond 120 Days Not Maintainable Under Section 107 CGST Act

September 4, 2025 1293 Views 0 comment Print

The Bombay High Court has dismissed a petition challenging a GST order, ruling that it was filed beyond the maximum condonable period.

Writ against absolute confiscation not entertained as innocent misuse of IEC prima facie not accepted

September 4, 2025 309 Views 0 comment Print

Delhi High Court held that writ against OIO directing absolute confiscation of goods is not maintainable since use of the IEC of the Petitioner cannot prima facie be accepted to be merely an innocent instance of misuse.

CIRP application u/s. 7 of IBC by Financial Creditor admitted as debt and default proved

September 4, 2025 387 Views 0 comment Print

NCLT Mumbai held that application filed under section 7 of the Insolvency and Bankruptcy Code by Financial Creditor for initiation of Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor is admitted as debt and default thereof proved.

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