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Judiciary

Approval of resolution plan doesn’t ipso facto absolve guarantor

July 8, 2025 396 Views 0 comment Print

NCLAT Delhi held that by approval of resolution plan, the personal guarantee is not ipso facto discharged. Thus, the Indian Bank which is dissenting Financial Creditor cannot proceed to file an application under Section 95 against the respondent.

GST order set aside as passed without granting personal hearing

July 8, 2025 987 Views 0 comment Print

Madras High Court held that passing of order under GST without granting opportunity of personal hearing is against the principles of natural justice. Accordingly, order is set aside and appeal is allowed.

Cost incurred in furnishing flat is allowed as cost of improvement under capital gain

July 8, 2025 1056 Views 0 comment Print

ITAT Delhi held that cost of incurred in furnishing the flat is allowable as cost of improvement and the capital gain is to be calculated accordingly. Thus, appeal of the assessee is allowed.

Bail Cannot Be Cancelled If No Complaint Filed Even After 5 Years of Investigation in GST Case

July 8, 2025 570 Views 0 comment Print

Delhi High Court denies bail cancellation for Sanjay Jaglan, citing no complaint filed after five years of investigation and fulfillment of bail conditions.

Section 74 GST SCN invalid without fraud, misstatement or suppression allegation

July 8, 2025 16557 Views 0 comment Print

Allahabad High Court rules Section 74 GST show cause notice invalid without allegations of fraud, misstatement, or suppression of facts.

Madras HC Quashes GST Orders for Lack of Personal Hearing, Improper Notice

July 8, 2025 612 Views 0 comment Print

Court sets aside GST orders due to lack of personal hearing and ineffective notice delivery. Cases remanded for reconsideration, conditional on 10% disputed tax payment.

Proceedings initiated u/s. 148A/148 quashed as not being issued in faceless manner

July 8, 2025 1140 Views 0 comment Print

Telangana High Court held that proceedings initiated under Section 148A/148 of the Income Tax Act in violation of the provisions of Section 151A of the Act read with Notification 18/2022 dated 29.03.2022 is bad-in-law and hence liable to be quashed.

Revocation of Customs Broker License upheld in smuggling of huge quantities of gold

July 8, 2025 291 Views 0 comment Print

Kerala High Court held that Once that trust is broken, and the Customs Broker ceases to inspire the confidence of the Customs Department in relation to his functioning, he loses the right to seek a reinstatement of his license under the Regulations.

Demand of property tax from Railway unconstitutional in terms of Article 285(1)

July 8, 2025 468 Views 0 comment Print

Madras High Court held that Madurai Corporation has not right to demand property tax from Railway Land Development Authority since such levy of property tax would fall foul of Article 285(1) of the Constitution of India.

Service tax not leviable on booking made after receipt of completion certificate

July 8, 2025 1020 Views 0 comment Print

CESTAT Hyderabad held that bookings made after receipt of completion certificate is not liable for service tax as the transaction is mere sale of the immovable property. Accordingly, service tax demand to that extent is liable to be set aside.

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