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Judiciary

Case of mis-declaration wrongly observed as mis-classification by High Court

September 12, 2025 1008 Views 0 comment Print

Supreme Court held that High Court observation regarding appellant’s advised to importer to mis-declare imported goods is incorrect since it was not a case of mis-declaration but a case of mis-classification. Accordingly, appeal disposed of.

Karnataka HC Sets Aside GST Order Over Ignored Returns, ITC Forms

September 12, 2025 768 Views 0 comment Print

The Karnataka High Court set aside an order against NL Tile Art Pvt. Ltd., citing that tax authorities failed to consider the company’s annual returns and ITC reversal forms.

Late fee u/s. 234E set aside as first three quarters TDS return filed before 4th quarter due date

September 12, 2025 555 Views 0 comment Print

ITAT Hyderabad held that levy of late filing fee u/s. 234E of the Income Tax Act for 1st, 2nd, and 3rd quarter TDS return in Form 26Q not justified since all the 3 quarter returns filed on or before due date of filing 4th quarter return and reasonable cause shown. Accordingly, appeal allowed.

10% Tolerance Limit u/s 56(2)(x) Applies Retrospectively: ITAT Mumbai

September 12, 2025 906 Views 0 comment Print

ITAT Mumbai rules in favor of Ramesh Dhuri, deleting Rs.4.84L addition under Section 56(2)(x)(b)(B) due to retrospective 10% tolerance limit.

Reassessment Invalid If Approval Taken from PCIT Instead of JCIT: ITAT Mumbai

September 12, 2025 894 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) Mumbai has invalidated the reassessment against Sunidhi Securities & Finance Limited, citing an incorrect sanctioning authority for the Section 148 notice. The case centered on a reassessment initiated for alleged bogus trading losses, which the Tribunal deemed null and void based on the judicial precedent set by the Supreme Court.

Section 95 application under IBC after expiry of three years is barred by limitation

September 12, 2025 924 Views 0 comment Print

NCLAT Delhi held that rejection of application under section 95 of the Insolvency and Bankruptcy Code justifiable since application filed after expiry of period of three years is barred by limitation. Accordingly, appeal dismissed.

NCLT Kolkata directs closure of CIRP since CIRP initiated with malicious intent to escape government dues

September 12, 2025 1860 Views 0 comment Print

NCLT Kolkata taking recourse to section 65 of the Insolvency and Bankruptcy Code directs closure of CIRP since initiation of CIRP was done fraudulently with malicious intent to escape from government dues and for wrongful gain.

Additional time granted to vacate property considering monsoon season

September 12, 2025 384 Views 0 comment Print

NCLAT Delhi held that additional time granted to vacate the property due to the fact of monsoon season and directed to vacate the premises in question till 15.09.2025. Appeal disposed of accordingly.

Levy of penalty and no revocation of customs broker license justified for use of license by unauthorized person

September 12, 2025 369 Views 0 comment Print

CESTAT Chennai held that Adjudicating authority has taken lenient view by levying penalty on Customs Broker for allowing use of license to unauthorised person and not revoking Customs Broker License. Accordingly, order of adjudicating authority upheld.

Clear Float Glass is classifiable under CTH 7005 1090

September 12, 2025 786 Views 0 comment Print

CESTAT Chennai held that Clear Float Glass is classifiable under Customs Tariff Heading [CTH] 7005 1090. Accordingly, impugned order is set aside and appeal of the assessee is allowed.

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