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Judiciary

ITAT Ahmedabad Quashes ₹116 Cr Bogus Sales Addition – Reopening Time-Barred

September 9, 2025 648 Views 0 comment Print

ITAT Ahmedabad dismisses Revenue’s appeal, quashing a Rs.ケ116.01 crore bogus sales addition to Pel Industries Ltd. as the assessment reopening was invalid and time-barred.

Trust for Particular Community Not Eligible for Section 11 Benefits: ITAT Ahmedabad

September 9, 2025 429 Views 0 comment Print

ITAT Ahmedabad dismisses a trust’s appeal, sustaining a Rs.8.36 lakh tax addition. The trust was ineligible for Section 11 benefits as it lacked Section 12AA registration and served a specific community.

CIRP against Ran India Steels Pvt. Ltd. admitted as financial debt and default proved

September 9, 2025 345 Views 0 comment Print

NCLT Chennai held that application u/s. 7 of IBC against Corporate Debtor [Ran India Steels Private Limited] for initiation of CIRP admitted as financial debt is proved by the Financial Creditor and the ‘default’ having been committed by the Corporate Debtor.

Customs Adjudicating Authority cannot revisit the issue in remand proceedings

September 9, 2025 789 Views 0 comment Print

CESTAT Delhi held that Adjudicating Authority is bound by the findings in remand proceedings, it is not open for him to revisit the issue. Thus, Adjudicating Authority failed to appreciate the limited scope of its jurisdiction in terms of the remand order and thereby fell in error in reconsidering all the issues on merits.

NCLT Mumbai Declares DHFL Personal Guarantor Bankrupt

September 9, 2025 477 Views 0 comment Print

NCLT Mumbai held that application u/s. 123 of the Insolvency and Bankruptcy Code for initiation of Bankruptcy Process against Personal Guarantor admitted as all the requirements of section 123 complied. Accordingly, Kapil Wadhawan [personal guarantor of DHFL] is declared Bankrupt.

CIRP application u/s. 7(2) of IBC against Corporate Guarantor admitted as default proved

September 9, 2025 441 Views 0 comment Print

NCLT Ahmedabad held that application u/s. 7(2) of Insolvency and Bankruptcy Code [IBC] for initiation of corporate insolvency resolution process [CIRP] against Corporate Guarantor admitted as default duly proved.

Application u/s. 33(2) of IBC for liquidation approved as no resolution plan received

September 9, 2025 309 Views 0 comment Print

NCLT Chandigarh held that application u/s. 33(2) of the Insolvency and Bankruptcy Code for the initiation of the liquidation process of the Corporate Debtor [Hoshiar Nirvair Tractors Private Limited] stands approved as no resolution plan was received even after publication of Form G twice.

CIT(A) cannot dismiss appeal on account of non-prosecution

September 9, 2025 483 Views 0 comment Print

ITAT Mumbai held that CIT(A) is not vested with any power to summarily dismiss the appeal on account of non prosecution. CIT(A) remains under statutory obligation to dismiss appeal on merits. Accordingly, matter remanded back to CIT(A) for denovo adjudication.

Liability of corporate guarantor is co-extensive with principal borrower under IBC

September 9, 2025 1020 Views 0 comment Print

Held that the liability of the corporate guarantor is co-extensive with the principal borrower, and accordingly, both the principal borrower and corporate guarantor are equally liable for the default. Accordingly, CIRP application u/s. 7 of IBC allowed.

Differential duty demand set aside as re-test report not provided

September 9, 2025 648 Views 0 comment Print

CESTAT Mumbai held that re-classification of goods and demand of differential duty based on re-testing report without providing the said re-test report to the importer/ assessee is not tenable in law. Accordingly, demand u/s. 28 doesn’t stand the scrutiny of law.

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