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Judiciary

ITAT Kolkata Quashes ITO’s 148 Notice for Ignoring CBDT Pecuniary Limits

August 12, 2025 1077 Views 0 comment Print

ITAT Kolkata nullified a reassessment order, ruling that ITO lacked pecuniary jurisdiction to issue a Section 148 notice for a non-corporate assessee with an income over specified limit.

Pending Arbitration Challenge Bars IBC Proceedings for Operational Debt: SC

August 12, 2025 750 Views 0 comment Print

The Supreme Court of India ruled in K. Kishan vs. Vijay Nirman Company that a pending challenge to an arbitral award constitutes a pre-existing dispute, which can block insolvency proceedings under the IBC.

Silence Cannot Be Taken As Agreement In Insurance Proposals: NCDRC

August 12, 2025 738 Views 0 comment Print

The NCDRC ruled in favor of SBI Life, stating no insurance contract was formed since the insurer had not communicated its acceptance before the proposer’s death.

Insurance Surveyor’s Report not the final word on a claim: SC

August 12, 2025 2097 Views 0 comment Print

The Supreme Court of India ruled that an insurance surveyor’s report is not the final word on a claim. It can be challenged with other evidence, as seen in the New India Assurance case.

Surveyor Report Not Definitive & Can Be Challenged With Credible Evidence: NCDRC

August 12, 2025 903 Views 0 comment Print

The NCDRC ruled on a hotel’s insurance claim, stating that a surveyor’s report is valid unless challenged with credible evidence. The hotel’s appeal was dismissed.

No Assumption of Deficiency in Service can be Made Without Evidence: NCDRC

August 12, 2025 846 Views 0 comment Print

The NCDRC has ruled that a surveyor’s report is not binding. The court ordered United India Insurance to pay a ₹3.5 crore claim, finding the denial of a fire claim was a deficiency in service.

Non-Disclosure & Misrepresentation Justify Claim Repudiation: NCDRC

August 12, 2025 600 Views 0 comment Print

NCDRC dismisses an appeal from Nancy Overseas, upholding the rejection of an insurance claim due to insufficient premium payment and non-disclosure of material facts.

No RBI Licence, No Relief: Genuineness No Defence to Section 269SS Penalty

August 12, 2025 681 Views 0 comment Print

The ITAT Cochin confirmed penalties against a primary agricultural credit society for violating Sections 269SS and 269ST, ruling that a lack of an RBI license prevents it from being classified as a co-operative bank.

ITAT Cochin upholds additions– Rejects Mechanical approval & No-Incriminating material Arguments

August 12, 2025 423 Views 0 comment Print

The ITAT Cochin confirmed income additions against K.K. Radhakrishnan, rejecting arguments of mechanical approval and lack of incriminating material found during a search.

Limitation Act is Applicable to CIRP Unless Condoned: NCLAT Mumbai

August 12, 2025 381 Views 0 comment Print

The NCLAT, Mumbai, ruled that the Limitation Act applies to CIRP applications, affirming that an application for a time-barred debt cannot be entertained.

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