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Judiciary

Charity in Name, Commerce in Practice: ITAT Rejects 80G Plea of Hospital Trust

August 20, 2025 363 Views 0 comment Print

The Chandigarh ITAT has dismissed a trust’s appeal for 80G approval, ruling that its hospital operates commercially and has no verifiable charitable activities.

Listed Company Not Required to Prove Source of Source under Section 68

August 20, 2025 636 Views 0 comment Print

ITAT Chandigarh deletes a Section 68 addition on share capital, ruling that a listed company is not required to prove a source of source for investment.

Order allowing withdrawal/cancellation of Ex. Bond Bill of Entry without referring provision is not sustainable

August 20, 2025 1266 Views 0 comment Print

Calcutta High Court held that allowing application for withdrawal/cancellation of Ex. Bond bill of entry and re-instatement of into-bond bill of entry without referring the provisions of the Customs Act under which the permitted is not justifiable. Accordingly, order set aside.

Order set aside as reasonable and sufficient opportunity as required u/r 37 of NCLT Rules not granted

August 20, 2025 543 Views 0 comment Print

NCLAT Delhi held that order deserved to be set aside since it is unreasoned order and further reasonable and sufficient opportunity not granted as envisaged in Rule 37 of NCLT Rules, 2016 and hence the same is in violation of principles of natural justice.

No penalty u/s 271(1)(c) on Legal Heir for failing of AO to verify unexplained bank credits of deceased

August 20, 2025 1179 Views 0 comment Print

Penalty under section 271(1)(c) was not leviable as deceased alone could have explained the source of the deposits, and since he had died before the initiation of penalty proceedings, it was not reasonable to expect the legal heir to establish his innocence.

Release of seized jewellery by Custom authorities upon payment as pre-filled SCN waiver form was not legally valid

August 20, 2025 645 Views 0 comment Print

A waiver of the Show Cause Notice could not be done on the basis of a pre filled form and the same being used as a basis for not issuing a Show Cause Notice or not affording a personal hearing, was not permissible.

Application u/s. 7 of IBC maintainable for any default subsequent to section 10A period

August 20, 2025 618 Views 0 comment Print

NCLAT Delhi held that application under section 7 of the Insolvency and Bankruptcy Code [IBC] is duly admissible since default occurred subsequent to section 10A period. Accordingly, order upheld and appeal dismissed.

Accommodation entry addition upheld as shares purchased in off market mode

August 20, 2025 417 Views 0 comment Print

ITAT Delhi held that addition towards accommodation entry and bogus capital gain exemption upheld since the shares were purchased in off market mode. Accordingly, appeal of revenue allowed.

Interest admissible in case of refund under Direct Tax Vivad Se Vishwas Act

August 20, 2025 678 Views 0 comment Print

Kerala High Court held that interest is admissible to the taxpayer in case of refund under Direct Tax Vivad Se Vishwas Act, 2020. Accordingly, writ appeal of the revenue fails and the same is dismissed.

No grant of Anticipatory Bail in ₹425 Cr GST fake billing case as custodial interrogation was necessity to uncover modus operandi and network

August 20, 2025 729 Views 0 comment Print

Anticipatory bail was denied to the accused involved in Rs. 425 crore GST fake billing case as there was necessity of custodial interrogation to unearth the full extent of the fraudulent network and modus operandi.

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