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Judiciary

Consolidated approval u/s. 153D granting in mechanical manner is void-ab-initio

September 16, 2025 738 Views 0 comment Print

ITAT Delhi held that assessment order passed on the basis of consolidated approval under section 153D of the Income Tax Act in mechanical manner without application of mind is void-ab-initio and hence assessment is liable to be quashed. Accordingly, appeals are allowed.

GST on JDAs: Liability Arises Only on Conveyance, Not at Agreement Stage

September 16, 2025 1488 Views 0 comment Print

Provident Housing Ltd. vs Union of India: Bombay HC rules GST on JDA arises at convey-ance, not agreement signing. Court orders ₹7 Cr refund to developer.

Refund of GST Compensation Cess on Exports Cannot Be Denied: Bombay HC

September 16, 2025 1194 Views 0 comment Print

Bombay High Court ruled that a manufacturer can claim a refund of compensation cess on raw materials used for goods that are later exported.

Section 249(4)(b) can’t Bar Appeal When No Advance Tax Payable: ITAT Pune

September 16, 2025 426 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Pune ruled that dismissing an appeal under Section 249(4)(b) for non-payment of advance tax is unjustified when the assessee, a cooperative society,

Section 80P Deduction Allowed Despite Late Filing, Section 80AC applies from AY 2018-19 onwards

September 16, 2025 1602 Views 0 comment Print

ITAT Panaji ruled that cooperative societies can claim a deduction under Section 80P even if they filed their return late, but only for assessment years (AYs) prior to 2018-19.

Karnataka HC Rejects Review Petition by Revenue Against Release of Seized ₹2 Crore

September 16, 2025 393 Views 0 comment Print

Karnataka HC refused to interfere with its earlier order setting aside the Income Tax Department’s rejection of ITC’s plea for release of ₹2 crore seized during a raid. The matter was remitted to the Deputy Director of Income Tax for fresh consideration.

Notice u/s 148A(b) Invalid if Less Than 7 Days’ Time Given for Reply: Karnataka HC

September 16, 2025 1056 Views 0 comment Print

The Karnataka High Court has affirmed that a notice for income tax reassessment under Section 148A(b) must grant a minimum of seven days for the assessee to respond.

Search Without Warrant Under Special Laws Requires Recorded Reasons: SC

September 16, 2025 1704 Views 0 comment Print

The Supreme Court ruled that recording reasons to believe is mandatory for all warrantless searches under special laws, reinforcing due process and preventing arbitrary action.

Sale not held in manner required under SARFAESI Act is liable to be set aside

September 16, 2025 591 Views 0 comment Print

DRAT Chennai held that since sale not held in the manner required under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] hence the same is liable to be set aside.

Pre-existing dispute cannot bar admission of application u/s. 7 of IBC

September 16, 2025 828 Views 0 comment Print

NCLT Cuttack held that a pre-existing dispute cannot be a bar for admission of an application under Section 7 of the Insolvency and Bankruptcy Code, 2016. Accordingly, CIRP application against S.S. Aluminium Private Limited admitted as debt and default established.

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