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Judiciary

NCLAT Allows Restoration of IBC Case Despite Revival Clause Absence in Settlement

October 4, 2025 1461 Views 0 comment Print

NCLAT Delhi sets aside NCLT order, ruling that an insolvency petition can be restored upon settlement breach if the NCLT’s initial order granted liberty for revival, regardless of the MoU’s terms.

HC Orders ITAT to Decide Tax Appeals on Merits Despite Locus Standi Issue

October 4, 2025 813 Views 0 comment Print

The Delhi High Court remanded two appeals filed by the Union of India (UoI) back to the ITAT for a decision on the merits, after the UoI claimed locus standi for the disbanded Commonwealth Games 2010 Committee.

Delay in Filing Income Tax Appeal Condoned Despite Ex Parte Order

October 4, 2025 786 Views 0 comment Print

ITAT Agra condoned a 9-day delay in filing an appeal for AY 2017-18, setting aside the CIT(A)’s ex parte dismissal. The Tribunal prioritized substantial justice over technicalities.

NCLAT allowed majority shareholders to purchase company property after directors violated interim order restraining its sale

October 4, 2025 1062 Views 0 comment Print

The subsequent Agreement to Sell and the Tripartite Agreement entered into without the prior leave of the Tribunal, and without informing or involving the majority shareholders or the Board of the Company, suffered from procedural impropriety and lack of authority.

ITAT Nagpur Deletes Unexplained Investment Addition in Penny Stock Case

October 4, 2025 396 Views 0 comment Print

The ITAT Nagpur allowed the appeal of Bhivraj Mohanlal Jain, deleting the unexplained investment addition of lakhs under Section , ruling that the transactions were genuine intraday trading resulting in a marginal profit.

NCLAT Rejects Appeal: 17-Day Delay Exceeds IBC 15-Day Limit

October 4, 2025 747 Views 0 comment Print

NCLAT Delhi rejected an appeal under IBC Section 61(2), ruling it lacked jurisdiction to condone the 17-day delay, as the statutory limit for condonation is strictly 15 days.

ITAT Ahmedabad Quashes Reassessment Based on Unverified Vague Portal Data

October 4, 2025 1053 Views 0 comment Print

ITAT Ahmedabad ruled that reopening an assessment u/s 147 is invalid if based on general, unverified portal information lacking a “live link” to the assessee’s escaped income. Case dismissed.

CESTAT Refers Appeal to President Due to Multiple Benches Hearing Same Order

October 4, 2025 591 Views 0 comment Print

CESTAT Chennai refers appeal to President for a Special Bench, finding the same Customs order was challenged across multiple Benches, invoking the principle of comity.

Taxpayers who filed replies but missed personal hearings can pursue GST appeals – Writ dismissed

October 4, 2025 1308 Views 0 comment Print

Court ruled that despite challenges to GST Notifications, taxpayers who filed replies but missed personal hearings can pursue appeals under Section 107. The judgment highlights the importance of procedural fairness without preempting the Supreme Court’s review.

Assessee Must Use Appellate Remedy, Not Writ, Against Income Tax Notices: Delhi HC

October 4, 2025 723 Views 0 comment Print

Delhi HC dismissed a writ against a reassessment order, citing the Supreme Court’s Chhabil Dass Agarwal precedent, directing the taxpayer to use the statutory appeal remedy before the CIT(A).

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