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Judiciary

ITAT Chennai Deletes Capital Gains Addition on Profit-Sharing Realignment in LLP Reconstitution

June 19, 2025 867 Views 0 comment Print

ITAT Chennai ruled in Gokulakrishna’s favor, deleting capital gains tax on funds received from a profit-sharing realignment during an LLP’s reconstitution. The court determined that a reduction in profit share for existing partners upon new partner admission does not constitute a taxable transfer of capital assets.

Jharkhand HC Directs Action Against Service Provider for Withholding GST, Awards Costs to Petitioner

June 19, 2025 2724 Views 0 comment Print

The Jharkhand High Court has ruled in favor of R.K. Transport & Constructions Ltd., directing GST authorities to act against a vendor who collected GST but failed to deposit it, leading to ITC denial for the petitioner.

Delhi HC Orders FIR Against Petitioners for GST Registration Using Forged Documents

June 19, 2025 999 Views 0 comment Print

Delhi High Court dismisses GST petitions after discovering forged Aadhaar cards & fabricated SCNs. Court mandates FIR registration & new verification protocols.

Sales Incentives to Retailers by Agent Not “Commission” U/S 194H: ITAT Hyderabad

June 19, 2025 615 Views 0 comment Print

The appellant-company has deducted TDS as per sec.194H of the Act on commission payment to Agent, however, not deducted any TDS on sales promotion and cash incentives paid to the retailers.

Financial Debt Valid Even Without Written Loan Agreement: NCLT Delhi

June 19, 2025 720 Views 0 comment Print

The Corporate Debtor never contested the debt or offered any kind of restructuring or settlement plan, according to the Financial Creditor. Since the purported date of default on October 1, 2021, no partial payments have been paid.

Writ Petition Against Liquidator’s Order Dismissed as order was appealable under IBC

June 19, 2025 642 Views 0 comment Print

Assessee by bypassing the statutory mechanism, had misused the process of law as IBC, 2016 was a codified and time-bound legislation enacted to ensure the expeditious resolution or liquidation of corporate debtors, with specific timelines prescribed at each stage.

Calcutta HC Remands ITC Dispute for Fresh Adjudication After Noting Procedural Lapses

June 19, 2025 486 Views 0 comment Print

Calcutta High Court remands Bajaj Wheels tax case to adjudicating authority for fresh decision, citing appellate order’s lack of explicit directions.

GST Pre-Deposit Limited to Tax in First Order If Liability Overlaps: Delhi HC

June 19, 2025 612 Views 0 comment Print

Delhi High Court rules only one pre-deposit needed for GST appeal when tax liability is duplicated across two orders, preventing double payment for the same amount.

Delhi HC Limits Writ Scope in GST Registration Suspension

June 19, 2025 450 Views 0 comment Print

Delhi High Court directs GST department to grant personal hearing for registration suspension but limits writ relief for re-inspection, advising assessee to approach adjudicating authority.

Application for Registration U/S 12AB Restored: Defects in Form 10AB Held Curable

June 19, 2025 813 Views 0 comment Print

ITAT Jaipur held that since reasons for incomplete details in Form No. 10AB are curable in nature, assessee is given one more chance to advance documents before CIT(E) as to application for registration u/s. 12AB. Accordingly, matter restored for fresh registration.

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