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Judiciary

Deduction u/s 54F was allowable even if construction of new house commenced before sale of capital asset

July 7, 2025 732 Views 0 comment Print

Appellate Authority held assessee’s investment in construction subsequent to the date of sale and investment in the eligible project even after the project of the house was started beyond one year will be eligible for exemption under Section 54F.

Quicklime with purity of Calcium Oxide less than 98% is classifiable under CTH 2522 1000

July 7, 2025 684 Views 0 comment Print

Tribunal in the case of M/s. JSW Steel Ltd. V. Commissioner of Customs has held that “Quick Lime” is classifiable under CTH 2522 unless the chemical analysis proves that it has purity of 98% calcium oxide.

Levy of tax on ‘minimum tariff’ for electricity which is not consumed is unconstitutional

July 7, 2025 309 Views 0 comment Print

Karnataka High Court held that levy of tax on electricity charges which includes the ‘minimum tariff’ are unconstitutional as the State has no legislative competence to levy tax on ‘minimum tariff’ for the electricity which is not consumed.

Resolution plan didn’t require prior approval of CCI as exempt vide MCA notification dated 07.03.2024

July 7, 2025 336 Views 0 comment Print

NCLAT Delhi held that since the value of corporate debtor was covered by exemption issued by MCA by notification dated 07.03.2024 hence provision of section 5 of Competition Act, 2002 is not applicable, accordingly, there was no requirement of any approval from Competition Commission of India [CCI] for approval of resolution plan.

Prior period interest expense allowed since there is no loss to revenue

July 7, 2025 669 Views 0 comment Print

ITAT Delhi held that interest expense relating to prior period expenditure is allowable since from the financial positions and profitability declared in the financial statement, it shows that it has no tax effect. Thus, appeal allowed.

Existence of financial debt and default thereof established hence section 7 application rightly admitted

July 7, 2025 534 Views 0 comment Print

NCLAT Delhi held that since existence of financial debt and default thereon is established, the adjudicating authority has rightly admitted section 7 application under the Insolvency and Bankruptcy Code. Accordingly, appeal dismissed.

Liquidation application to be proceeded as resolution plan not implemented

July 7, 2025 456 Views 0 comment Print

NCLAT Delhi held that application for liquidation of Corporate Debtor should be proceeded as there was sufficient ground to hold that resolution plan is not implemented. Accordingly, the appeal is dismissed.

Lending of IEC is not an offence under Customs Act hence penalty u/s. 114AA deleted

July 7, 2025 726 Views 0 comment Print

CESTAT Delhi held that lending of IEC Code is not an offence under the Customs Act. Accordingly, penalty under section 114AA of the Customs Act imposed for the same is not sustainable and liable to be set aside.

Order rejecting 80G application under incorrect name resulted in procedural irregularity: Matter remanded

July 7, 2025 321 Views 0 comment Print

ITAT Bangalore held that order rejecting application for approval under section 80G of the Income Tax Act passed by CIT(E) under incorrect name has resulted into confusion and procedural irregularity. Hence, matter remanded for fresh adjudication.

Import of PVC Regrind not restricted under Foreign Trade Policy

July 7, 2025 633 Views 0 comment Print

CESTAT Chennai held that that the PVC Regrind is a single thermoplastic material and cannot be classified as waste/scrap. Thus, import of PVC Regrind is not restricted under Foreign Trade Policy.

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