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Judiciary

Application u/s. 7 of IBC rejected as debt invoking guarantee falls between 10A period

April 22, 2025 645 Views 0 comment Print

NCLAT Delhi held that when the debt invoking the guarantee falls between the 10A period application u/s. 7 of the Insolvency and Bankruptcy Code is barred by limitation. Accordingly, order rejecting application upheld.

Section 153A Additions for Accommodation Entries Invalid Without Incriminating Material

April 22, 2025 1095 Views 0 comment Print

ITAT Mumbai upheld CIT(A)’s rulings in ACIT vs GM Modular Pvt. Ltd., addressing unverified purchases, PF/ESI disallowances, and incriminating material in search cases.

Reassessment on Demonetized Cash Deposits Invalid Due to Change of Opinion

April 22, 2025 564 Views 0 comment Print

Bombay High Court sets aside Section 148-A notice issued to Dilip Powar, ruling it as a change of opinion and beyond the permissible time limit.

Notice Pay Not Subject to Service Tax: Madras HC

April 22, 2025 927 Views 0 comment Print

Madras High Court rules notice pay received by GE T&D India from employees not liable to service tax under Section 66E(e) of the Finance Act, 1994.

Mechanical Section 153D Approval: ITAT Delhi Quashes Assessment

April 22, 2025 1146 Views 0 comment Print

ITAT Delhi quashes assessments due to mechanical approvals under Section 153D, citing lack of application of mind. Learn about key judicial precedents and findings.

Approval of 85 Draft Orders in a Day Shows Mechanical Approvals & Render Assessments Invalid

April 22, 2025 8988 Views 0 comment Print

Allahabad HC upheld ITAT’s decision in PCIT vs Sapna Gupta, ruling the Section 153D approval was mechanical, invalidating the assessment proceedings.

Orders to Non-Existent Entities Void; Draft Assessment Order must for Section 144C

April 22, 2025 1530 Views 0 comment Print

ITAT Chennai rules on assessment orders issued to a non-existent entity after a merger. Learn about the legal implications and the impact on tax proceedings.

State Government Cannot Frame Rules Inconsistent with Central Rules under CST Act: SC

April 21, 2025 945 Views 0 comment Print

The State Government cannot frame rules in exercise of power under Section 13(3) which will be inconsistent with the rules framed by the Central Government in exercise of powers under Section 13(1) of the CST Act.

Release of Bank Guarantee directed as claim not part of resolution plan: Bombay HC

April 21, 2025 429 Views 0 comment Print

Bombay High Court directed release of bank guarantees since claim stood extinguished due to default on part of respondent to lodge their claim with Resolution Professional. Accordingly, interim application stands allowed.

Amended Section 197(15) of Companies Act Not Applicable to 2016 Offences

April 21, 2025 633 Views 0 comment Print

Karnataka High Court held that the provisions of section 197(15) of the Companies Act are amended and made effective from 02.11.2018 hence the amended provisions would not apply to the offences which are said to have been committed in the year 2016.

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