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Judiciary

Statutory right of Financial Creditor u/s. 7 of IBC cannot be curtailed due to pending OTS proposal

September 13, 2025 648 Views 0 comment Print

Held that the statutory right of a Financial Creditor bestowed u/s. 7 of the ‘IBC’ cannot be curtailed to any ‘Inter-Creditor Agreement’ or Consortium agreement executed between the lender banks, as the same was only for regulating the inter se affairs of the consortium and the OTS proposal cannot be claimed by a borrower as a matter of right.

Revenue Must Prove Cash Withdrawals Were Spent – No 60% Tax for AY 2017-18

September 13, 2025 603 Views 0 comment Print

The ITAT in Surya Kant Gupta vs. ITO deleted an income addition, ruling that cash withdrawals can explain deposits and the 60% tax rate doesn’t apply retrospectively.

Delhi HC clarifies GST Order Validity, Email Service & Consolidated SCNs 

September 13, 2025 1335 Views 0 comment Print

Delhi High Court rules on GST: delayed DRC-07 upload doesn’t void orders, email service is valid, and consolidated SCNs for fraud cases are permitted.

Section 115BBE cannot be applied without fixing addition under charging provisions

September 13, 2025 1305 Views 0 comment Print

ITAT Delhi held that applicability of section 115BBE of the Income Tax Act without initially fixing the addition under any of the charging provisions i.e. section 68, 69, 69A, 69B, 69C and 69D of the Income Tax Act is not tenable in the eye of law. Accordingly, appeal allowed.

One-Size-Fits-All Approval Invalid – Absence of Mindful 153D Approval Vitiates Entire Assessment

September 13, 2025 768 Views 0 comment Print

The ITAT Delhi quashed a tax assessment against Melody Enterprises, ruling that the approval granted under Section 153D was mechanical, invalid, and lacked proper scrutiny.

ITAT Delhi Quashes Reassessment for Lack of Jurisdiction – Notice by Wrong AO Invalid

September 13, 2025 780 Views 0 comment Print

ITAT Delhi quashes a reassessment for Sulekh Chand Jain, holding that the Rohtak Assessing Officer lacked territorial jurisdiction, making the proceedings invalid.

Source-of-Source Amendment Not Retrospective: Tribunal Spares Company from₹4.5 Cr Share Application  Addition-

September 13, 2025 555 Views 0 comment Print

The ITAT Delhi has ruled in favour of Sourabh Logistics Pvt. Ltd. regarding ₹4.50 crore in share application money, upholding its deletion. However, additions of ₹1.50 crore for unsecured loans were partly confirmed and partly sent back to the Assessing Officer for further review.

ITAT Delhi Blesses “Typo” Claim – ₹43 Cr Arbitration Award Recast as Software Sales!

September 13, 2025 381 Views 0 comment Print

ITAT Delhi upholds 10A deduction for Rs.43 Cr software sale by Nuwave E Solutions, rejecting Revenue’s claim it was an ineligible arbitration award.

Payment Gateway Fees Not Taxable as Royalty in India: ITAT Kolkata

September 13, 2025 582 Views 0 comment Print

Flywire Payments Corporation wins ITAT Kolkata appeal; payments from Muthoot Forex not considered royalty. Tribunal directs verification of US tax returns.

ITAT Jaipur Deletes Additions Based on WhatsApp Messages & Rough Diaries

September 13, 2025 6378 Views 0 comment Print

ITAT Jaipur deletes additions based on WhatsApp chats and rough diaries, rejects notional interest charges in Manoj Kumar Gupta income tax case.

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