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Judiciary

Criminal proceedings against accused having business relation with borrower quashed after one-time settlement

July 24, 2025 891 Views 0 comment Print

Allahabad High Court held that after one time settlement of loan between borrowers and guarantor with bank, the criminal proceedings against accused [who is neither borrower nor guarantor] having business relation with borrower is liable to be quashed.

Additions for unexplained cash deposits u/s 69A and loans made u/s 68 without proper verification was restored back

July 24, 2025 1410 Views 0 comment Print

Assessee claimed that cash sales were recorded and backed by VAT invoices, and that AO had misread e cash balance figures. Audited financials, VAT returns, and confirmations were placed on record, which AO had not examined.

Appellate jurisdiction against reassessment order u/s. 39(1) of KVAT Act cannot be equated with rectification u/s. 69

July 24, 2025 972 Views 0 comment Print

Karnataka High Court held that appellate jurisdiction against the reassessment order u/s. 39(1) of Karnataka Value Added Tax Act, 2003 [KVAT Act], cannot be equated with the jurisdiction conferred u/s. 69 of KVAT Act to seek rectification.

Supplies from mother warehouse to CFAs are mere stock transfer covered within 6A of CST Act

July 24, 2025 972 Views 0 comment Print

Until the goods are appropriated by the stockyards/warehouses from out of the stocks available with them, they continue in the inventory of the stockyards/warehouses. Thus, supplies made to the stockyards/warehouses are merely stock transfers.

Non-granting of sufficient time to furnish reply vitiates the entire proceeding

July 24, 2025 852 Views 0 comment Print

Madras High Court held that non-granting sufficient time to the petitioner for furnishing reply results into lack of opportunities being provided to the petitioner. Accordingly, order passed thereon is liable to be set aside.

Transfer of financial fraud case from Aizawl to Assam denied in absence of any compelling reason

July 24, 2025 813 Views 0 comment Print

Gauhati High Court denied to transfer large scale financial fraud case from Aizawl to Assam since sufficient number of witnesses have been listed by the IO to prove the case and there appears to be no compelling reason to transfer the cases.

Charge registered with CERSAI to be treated as secured Financial Creditor

July 24, 2025 1146 Views 0 comment Print

NCLAT Delhi held that appellant to be treated as secured Financial Creditor based on the registered charge with CERSAI in accordance with Regulation 21 of the IBBI (Liquidation Process) Regulations, 2016. Accordingly, appeal allowed and order set aside.

AO Not Bound by Appellate Remarks in De Novo VAT Assessment: Madras HC

July 24, 2025 432 Views 0 comment Print

The Madras High Court has addressed a tax dispute involving Tvl. Aro Granite Industries Ltd., directing an assessing authority to re-evaluate a slump sale claim independently, free from prior appellate observations.

Receipt of payment cannot be qualified as FTS merely because service require technical expertise

July 24, 2025 918 Views 0 comment Print

Delhi High Court held that payments received for services that may require technical expertise, technical inventions or technology would not qualify as Fees for Technical Services under Article 13 of the India-UK DTAA. Accordingly, appeal allowed.

Kerala Luxury Tax on Large Residences Constitutionally Valid; Demand Beyond 3 Years Set Aside

July 24, 2025 1008 Views 0 comment Print

The Kerala High Court affirmed the validity of Section 5A of the Kerala Building Tax Act, classifying it as a building tax, not a luxury tax, but restricted recovery to a three-year period.

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