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Judiciary

Liquidation of Corporate Debtor ordered as CIRP period exhausted and no resolution plan received

August 23, 2025 342 Views 0 comment Print

NCLT Kolkata held that the Corporate Debtor, Shomuk Consultancy Services Private Limited, is ordered to be liquidated in terms of Section 33(1) of the Insolvency and Bankruptcy Code since the statutory period for the CIRP has been exhausted, and no resolution plan has been received.

Application u/s. 33(2) of IBC for liquidation of Win Trendz Exim Pvt. Ltd. allowed

August 23, 2025 351 Views 0 comment Print

NCLT Mumbai held that application under section 33(2) of the Insolvency and Bankruptcy Code by Reliance Capital Ltd. for liquidation of Corporate Debtor [Win Trendz Exim Private Limited] allowed as approved by majority of 78.8% of CoC.

Resolution plan of Corporate Debtor approved as requirement of Section 30(2) of IBC satisfied

August 23, 2025 546 Views 0 comment Print

NCLT Mumbai held that resolution plan of Corporate Debtor [Shivom Investment and Consultancy Limited] as submitted by Successful Resolution Applicant [Prashantbhai Ghanshyambhai Ukani] stands approved as meets the requirement of section 30(2) of the Insolvency and Bankruptcy Code.

Higher tax rate of 60% u/s. 115BBE doesn’t apply to transactions prior to 01.04.2017: ITAT Chennai

August 23, 2025 714 Views 0 comment Print

The case of the assessee was selected for limited scrutiny to examine the source of cash deposits made during the demonetization period. During demonetization period assessee had deposited a sum of Rs.30,00,000/- in her bank account on 16.11.2016.

Writ alleging wrong classification of goods not entertained due to availability of alternative remedy

August 23, 2025 462 Views 0 comment Print

Madras High Court held that writ filed alleging wrong classification of goods cannot be entertained due to availability of alternative remedy of filing an appeal before CESTAT. Accordingly, writ petition is dismissed.

Addition towards interest on cash loans directed to be deleted

August 23, 2025 498 Views 0 comment Print

ITAT Delhi held that addition on the basis of interest paid on cash loans received by the assessee is directed to be deleted. Accordingly, appeal of the assessee are partly allowed.

Confiscation of shark fins quashed as no evidence produced that there was act of attempt to export

August 23, 2025 393 Views 0 comment Print

CESTAT Mumbai held that confiscation of shark fins without any evidence that there was an attempt to export the same is not justifiable. Accordingly, order confiscating goods set aside and appeal allowed.

Accrued Interest in Loan Acquisition is Purchase Consideration, No TDS: ITAT Mumbai

August 23, 2025 870 Views 0 comment Print

The ITAT Mumbai ruled that accrued interest in a loan sale is part of the purchase consideration, not interest. This means a borrower-lender relationship doesn’t exist, and TDS is not required.

Date of receipt of order as per assessee to be accepted in absence of any contrary evidence by department

August 23, 2025 831 Views 0 comment Print

Madras High Court held that date of receipt of copy of order is to be accepted in absence of any contrary evidence by the respondents/ department. Accordingly, dismissal of appeal on ground of limitation not justified. Hence, matter remanded back for fresh consideration.

Once Appeal withdrawn & Revision allowed u/s 264, CIT(A) has no jurisdiction

August 23, 2025 702 Views 0 comment Print

ITAT Delhi ruled a CIT(A) order invalid, stating it had no jurisdiction once a superior authority (PCIT) had already allowed a revision under Section 264.

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