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Judiciary

Delayed Filing of Form 10-IC – Substantive Right vs. Procedural Lapse

September 4, 2025 2451 Views 0 comment Print

The ITAT Delhi has directed the tax department to apply the 22% concessional tax rate to Kworks Technologies, citing a procedural lapse in late filing of a tax form.

Section 9 application rightly rejected as time barred as extension of limitation u/s. 19 not admissible

September 4, 2025 258 Views 0 comment Print

NCLAT Delhi held that extension of limitation u/s. 19 of the Limitation Act, 1963 not admissible since there was no acknowledgement by Corporate Debtor. Accordingly, rejection of application under section 9 rightly rejected as time barred.

GST Appeal Beyond 120 Days Not Maintainable Under Section 107 CGST Act

September 4, 2025 1431 Views 0 comment Print

The Bombay High Court has dismissed a petition challenging a GST order, ruling that it was filed beyond the maximum condonable period.

Writ against absolute confiscation not entertained as innocent misuse of IEC prima facie not accepted

September 4, 2025 357 Views 0 comment Print

Delhi High Court held that writ against OIO directing absolute confiscation of goods is not maintainable since use of the IEC of the Petitioner cannot prima facie be accepted to be merely an innocent instance of misuse.

CIRP application u/s. 7 of IBC by Financial Creditor admitted as debt and default proved

September 4, 2025 456 Views 0 comment Print

NCLT Mumbai held that application filed under section 7 of the Insolvency and Bankruptcy Code by Financial Creditor for initiation of Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor is admitted as debt and default thereof proved.

Intervention petition u/s. 65 of IBC revived as application not filed to derail CIRP

September 4, 2025 762 Views 0 comment Print

NCLAT Delhi held that order rejecting application for intervention under section 65 of the Insolvency and Bankruptcy Code is set aside and intervention petition is revived since application is not filed to derail CIRP. Accordingly, appeal disposed of.

No Sale Beyond the Grave: Death Ends Authority -Rajasthan HC Cancels Land Transfer Based on Dead Man’s Power of Attorney

September 4, 2025 3009 Views 0 comment Print

Rajasthan High Court canceled a land transfer, ruling that a power of attorney becomes void upon the death of person who issued it. Sale of a deceased person’s share was found to be invalid.

Seized Records Prove Brokerage, Yet Income Must Be Realistic: ITAT Jaipur

September 4, 2025 453 Views 0 comment Print

ITAT Jaipur provides relief to Sharad Kumar Choradia. Though seized records prove bro-kerage, the court remands the case, ordering a realistic re-evaluation of income and a deduction for expenses.

Time Calculated by Calendar, Not Clock: Jharkhand HC Quashes IT Notices for AY 2017-18

September 4, 2025 876 Views 0 comment Print

The Jharkhand High Court has quashed a tax notice issued to Ravi Singh Bhatia, ruling that authorities failed to consider his reply to a show-cause notice.

SC Dismisses Revenue Petitions, Follows Rajeev Bansal Judgment

September 4, 2025 864 Views 0 comment Print

The Supreme Court disposes of tax petitions against Sodexo India, citing its precedent in the Rajeev Bansal case. Assessing officers must now apply the law as per the ruling.

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