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Judiciary

Order of acquittal under Negotiable Instrument Act upheld as applicant’s financial capacity not proved

July 3, 2025 807 Views 0 comment Print

The applicant sent the statutory demand notice to the accused on 23.05.2009 which was duly served but no payment was made. The applicant filed the criminal complaint before the Court of the Judicial Magistrate u/s. 138 of the NI Act, 1881.

Private sale to related party dismissed as contrary to Regulation 33 of Liquidation Regulations

July 3, 2025 765 Views 0 comment Print

NCLAT Delhi held that proposed sale in the form of private sale to related party being not in conformity with Regulation 33 of IBBI (Liquidation Regulations), 2016 hence order of Adjudication Authority allowing such private sale is liable to be set aside.

Bail cannot be granted on ground that case is triable by Court of Judicial Magistrate

July 3, 2025 567 Views 0 comment Print

Kulveer Vs State of Himachal Pradesh (Himachal Pradesh High Court) Himachal Pradesh High Court held that applicant not ipso facto entitled for relief of bail merely on the ground that case is triable by the Court of Judicial Magistrate. Accordingly, bail application in money laundering matter dismissed. Facts- Applicant-Kulveer has filed the present application, under […]

PMLA Covers Pre-2009 Offences if crime Proceeds Retained: Calcutta HC

July 3, 2025 279 Views 0 comment Print

Calcutta High Court held that period of offence prior to June 1, 2009 attracts Schedule to Prevention of Money Laundering Act, 2002 [PMLA] being amended with effect from June 1, 2009 as proceeds of crime continue in possession till Amendment.

Exemption u/s. 11 admissible to pending assessments post registration u/s. 12AA

July 3, 2025 570 Views 0 comment Print

ITAT Agra held that where registration has been granted to trust under section 12AA of the Income Tax Act, exemption under section 11 of the Income Tax Act admissible to preceding years for which assessment proceedings were pending before AO.

Right to prosecute cannot be deprived for mere non-participation in Income Tax assessment proceeding

July 3, 2025 711 Views 0 comment Print

Held that merely because of non-participation of the assessment proceedings, the valuable right of the petitioner would not be deprived of to prosecute a case under Section 264. Accordingly, orders passed u/s. 264 alongwith assessment orders u/s. 143 & 147 remanded back for fresh consideration.

DTAA provisions will prevail over general to the extent they are beneficial to assessee

July 3, 2025 735 Views 0 comment Print

The Tribunal therefore, has rightly affirmed the conclusion arrived at by CIT(Appeals) in deleting the tax demand relatable to difference between 20% and the actual tax rate on which tax was deducted by the respondent assessee in terms of the relevant DTAAS.

Denial of benefit u/s. 6(2) of CST Act for mere non-furnishing of ‘C’ forms not justified

July 3, 2025 1317 Views 0 comment Print

Gauhati High Court held that the benefit conferred under Section 6(2) of the Central Sales Tax Act, 1956 [CST Act] cannot be denied merely because the ‘C’ forms were not furnished. Accordingly, writ petition stands allowed.

Addition u/s. 68 deleted as source of funds proved: ITAT Delhi

July 3, 2025 735 Views 0 comment Print

ITAT Delhi held that addition under section 68 of the Income Tax Act cannot be sustained as assessee has proved the source of funds for purchase of land made in earlier assessment year. Accordingly, appeal allowed.

Advance authorization benefits available on import of decalcified fish scale

July 3, 2025 564 Views 0 comment Print

Kerala High Court held that import of decalcified fish scale is eligible for the benefit of advance authorization scheme. Thus, benefit of advance authorization cannot be denied by the department.

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