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Judiciary

Assessment not challenged, yet revision quashed for invalid scrutiny notice: ITAT Kolkata

July 22, 2025 1203 Views 0 comment Print

ITAT Kolkata ruled a Section 263 revision invalid because the underlying Section 143(3) assessment was based on an improperly formatted Section 143(2) notice, violating CBDT instructions.

ITAT Kolkata Voids Assessment As Section 143(2) notice issued by ITO instead of ACIT

July 22, 2025 1470 Views 0 comment Print

ITAT Kolkata quashed an assessment, finding the Section 143(2) notice invalid due to non-compliance with CBDT format instructions and issuance by an officer lacking pecuniary jurisdiction.

Secured Creditor Under SARFAESI Act Has Priority Over CGST Dues: Calcutta HC

July 22, 2025 1143 Views 0 comment Print

The Calcutta High Court ruled that a secured creditor under the SARFAESI Act holds priority over CGST dues, citing Section 26E of the SARFAESI Act and Supreme Court precedents.

Detention of worn jewellery untenable as covered within ambit of personal effects

July 22, 2025 816 Views 0 comment Print

Delhi High Court held that the used jewellery worn by the passenger would fall within the ambit of personal effects in terms of the Baggage Rules, 2016. Accordingly, the same would be exempt from detention by the Customs Department.

Delay of 26 days in filing report u/s. 106 of IBC by resolution professional condoned as reasonable cause shown

July 22, 2025 561 Views 0 comment Print

NCLAT Chennai held that delay of 26 days in filing of the report under Section 106 of the Insolvency and Bankruptcy Code, 2016, by the Resolution Professional condoned as reasonable cause of non-submission of the repayment plan and relevant information by the Guarantor shown.

No addition of LTCG on sale of immovable property as CIT(A)’s order lacks proper reasoning

July 22, 2025 915 Views 0 comment Print

CIT(Appeals) failed to admit the additional evidences which went to the root of the matter for determining the issue of taxability of long term capital gains as was made by AO ignoring the submissions of assessee. Therefore, the case was remanded to AO for fresh assessment, with liberty to assessee to furnish evidence.

Delhi HC Grants Interim Relief on GST Penalty Retrospective Application

July 22, 2025 1029 Views 0 comment Print

Delhi High Court provides interim relief, stating GST penalty under Section 122(1A) cannot be applied retrospectively for pre-2021 transactions.

ITAT Quashes Assessment Without Fresh notice u/s 148

July 22, 2025 1281 Views 0 comment Print

ITAT Pune quashes assessment where AO shifted grounds without fresh notice u/s 148. Reinforces need for proper procedure in reassessments.

Entire addition towards bogus purchases not justifiable: Gujarat HC

July 22, 2025 1395 Views 0 comment Print

Gujarat High Court held that entire addition towards bogus purchases not justifiable accordingly, addition at the rate of 6% of the bogus purchases is fair and reasonable. Accordingly, appeal of revenue dismissed.

Section 7 application admissible as default occurred beyond outer limit of section 10A of IBC

July 22, 2025 492 Views 0 comment Print

NCLAT Delhi held that default occurred on 25th March 2023 which is well beyond the outer limit of section 10A of the Insolvency and Bankruptcy Code, 2016 which squarely brings the claim within the permissible scope of Section 7 of the IBC. Thus, admission of section 7 application justified.

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