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Judiciary

Proceedings u/s. 74 of CGST Act cannot be invoked without fraud or willful mis-statement to evade payment of tax

September 16, 2025 3921 Views 0 comment Print

Allahabad High Court held that initiation of proceedings under section 74 of the Central Goods and Services Tax Act [CGST Act] is not tenable in law since no findings is recorded which shows that there is fraud or willful mis-statement or suppression of fact to evade payment of tax.

Section 54 of CGST Act doesn’t envisage refund of unutilized ITC for closure of business

September 16, 2025 807 Views 0 comment Print

Sikkim High Court held that section 54 of the Central Goods and Services Tax Act [CGST Act] doesn’t envisage refund of unutilized ITC for closure of business. Thus, rejection of refund application is within parameters of section 54 and lawful.

Gujarat HC Stays IBBI’s Suspension of IP Over Bias, No Appeal Remedy

September 16, 2025 654 Views 0 comment Print

Gujarat High Court stays a six-month suspension of an Insolvency Professional by IBBI, citing issues of bias and the lack of an appellate remedy.

No Upfront Payment, No OTS –SC Favors SBI in ₹7 Cr Recovery Dispute

September 16, 2025 3765 Views 0 comment Print

The Supreme Court has ruled that an application under the State Bank of India’s (SBI) One Time Settlement (OTS) 2020 Scheme is invalid without the mandatory 5% upfront payment of the settlement amount.

Interest on housing loan includible in cost of acquisition u/s. 48 provided not claimed as deduction u/s. 24(b)

September 16, 2025 1044 Views 0 comment Print

ITAT Bangalore held that interest on housing loan is allowed to be included in cost of acquisition of capital asset under section 48 of the Income Tax Act provided the same is not claimed as deduction u/s. 24(b). Accordingly, matter restored back to AO for verification.

Revision proceedings u/s. 263 set aside as AO already made proper enquiry and examination

September 16, 2025 732 Views 0 comment Print

ITAT Delhi held that revisionary proceedings under section 263 of the Income Tax Act is not justifiable since proper enquiry and examination was made and therefore, there is no error in the order of the AO thus, it is not pre-judicial to the interest of the Revenue.

Patna HC Allows Landowner to Seek Income Tax Refund After NH-28 Land Treated as Agricultural

September 16, 2025 285 Views 0 comment Print

The Patna High Court directs a petitioner to approach the Divisional Commissioner for a claim regarding the classification of their commercial land as agricultural for an NH-28 acquisition.

Import exemption cannot be denied when DGFT licence was valid at time of import but cancelled later

September 16, 2025 1386 Views 0 comment Print

CESTAT Chennai held the denial of import exemption customs authority not justifiable since import was made under DGFT licence which was valid at the time of import and was cancelled by DGFT much later. Accordingly, order set aside and appeal allowed.

Late fee leviable for non-filing of GSTR-9 return even after expiry of three years from due date

September 16, 2025 2379 Views 0 comment Print

Madras High Court held that levy of late fee under section 47(2) of the Tamil Nadu Goods and Services Tax Act, 2017 is upheld for non-filing of annual return in Form GSTR-9 for F.Y. 2021-2022 after expiry of period of three years from due date of furnishing of said return.

CIRP application u/s. 7 of IBC against Fortune Spirit Limited admitted as debt and default proved

September 16, 2025 573 Views 0 comment Print

NCLT Cuttack held that application for initiation of Corporate Insolvency Resolution Process [CIRP] under section 7 of the Insolvency and Bankruptcy Code [IBC] admitted against Corporate Debtor [Fortune Spirit Limited] as debt and default in payment of debt duly proved.

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