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Judiciary

Duty Drawback Recovery Order issued in absence of prior notice to assessee was invalid

August 21, 2025 405 Views 0 comment Print

Since assessee was not allowed an opportunity to present all Bank Realization Certificates (BRCs) for the concerned shipping bills and produced documents before the authorities to substantiate that they were not liable to return the drawback amount.

Whn COC approved resolution plan with required majority, Adjudicating Authority’s Role was limited to section 30(2) compliance check

August 21, 2025 609 Views 0 comment Print

Resolution plan for Steadfast Shipping Private Limited was approved under Section 31 of the Insolvency and Bankruptcy Code, 2016, after finding that the plan met all requirements under Section 30(2) of the Code and was approved by the Committee of Creditors (CoC) with 100% voting share.

No denial of export incentives for inadvertent error in shipping bill

August 21, 2025 657 Views 0 comment Print

Export incentives in terms of Notification No.19/2015-20 dated 17.08.2021 couldn’t be denied  for inadvertent error in shipping bill as merely because of a software system was introduced, it would not mean that the software would override the principles of natural justice and rights of the parties.

No permissibility to blacklist a company for old misdeeds after approval of Resolution Plan

August 21, 2025 606 Views 0 comment Print

State could not blacklist a company after approval of a resolution plan under the Insolvency and Bankruptcy Code, and that the new management could not be punished for the actions of the old management.

Non-Response to Notices cannot justify 40A(2)(b) disallowances: ITAT Mumbai

August 20, 2025 771 Views 0 comment Print

ITAT Mumbai rules that a lack of response to notices cannot justify a disallowance under Section 40A(2)(b). The AO must prove payments are excessive.

CIT(A) Cannot Dismiss Appeal for Non-Prosecution: ITAT Bangalore

August 20, 2025 534 Views 0 comment Print

ITAT Bangalore rules that CIT(A) cannot dismiss an appeal for non-prosecution, setting aside an order in the case of Yasmeen Shaikh vs. ITO and remanding the matter for fresh adjudication.

ITAT Delhi Deletes Credit Card Addition for 80-Year-Old Widow

August 20, 2025 741 Views 0 comment Print

ITAT Delhi deletes credit card addition and remands the mutual fund investment issue for fresh verification in the case of Promilla Mathur vs. CIT.

Appeals lie with ITAT Surat if AO and CIT(A) orders were passed in Surat

August 20, 2025 483 Views 0 comment Print

ITAT Ahmedabad dismisses Revenue appeals in ACIT vs Ashokbhai Kheni, ruling that jurisdiction lies with ITAT Surat as per the Supreme Court’s guidance.

Extra Zero, Extra Tax – Revenue Cannot Profit from Typo or clerical Mistakes

August 20, 2025 1152 Views 0 comment Print

Jaipur ITAT rules that a clerical error in a tax return cannot be grounds for collecting tax on non-existent income, directing the department to rectify the mistake.

ITAT Mumbai Disallows 50% of Gold Coin Gift Expenses

August 20, 2025 768 Views 0 comment Print

Mumbai ITAT partly allows a CA’s appeal, disallowing 50% of his gold coin gift expenses, stating that lack of business nexus and recipient details is a valid reason.

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