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Judiciary

Security interest forms part of liquidation estate if regulation 21A(2)(a) not complied: NCLAT Delhi

April 14, 2025 510 Views 0 comment Print

The Adjudicating Authority by the impugned order rejected MA No.03 of 2023. The Adjudicating Authority held that non-compliance by the Appellant of Regulation 21A, sub-regulation (2), the assets of Haldia Unit has become the Liquidation Estate of the CD.

Third-party land sellers to Corporate Debtors not covered under Section 66 of IBC

April 14, 2025 1224 Views 0 comment Print

The Respondent had preferred applicaton under Section 66 of the Code wherein Respondent Nos. 1-2 are the suspended directors and the Nos. 3-5 are promoters qua the CD and the Applicants herein are arrayed as Respondents No. 6-9.

Section 153C not requires AO to establish link between searched & non-searched persons

April 14, 2025 957 Views 0 comment Print

Delhi High Court held that section 153C of the Income Tax Act doesn’t required AO to find or uncover a relationship or an association between the searched and the non-searched person.

Reopening based on incorrect fact understanding is unsustainable: ITAT Mumbai

April 14, 2025 1800 Views 0 comment Print

ITAT Mumbai held that the very basis of which the Assessing Officer formed the belief that the income liable to tax is escaped assessment was based upon incorrect understanding of the facts and is, therefore, not sustainable in the eyes of law.

No Capital Gain Tax on Mere Development Agreement Without Possession

April 14, 2025 1233 Views 0 comment Print

ITAT Pune rules mere execution of a development agreement without transfer of possession doesn’t trigger capital gains tax. Follows Bombay HC precedent.

Section 263 Revision not permissible if Section 80P deduction allowable: ITAT Pune

April 14, 2025 606 Views 0 comment Print

Janata Grahak Madhyawarti Vs PCIT-4 (ITAT Pune) Facts of the Case: The assessee, a co-operative society involved in the business of wholesale supply of consumer goods, filed its return declaring income of ₹5,50,400. The return was processed under section 143(1) of the Income Tax Act. The Assessing Officer later disallowed a deduction of ₹34,58,980 claimed under […]

Doctrine of Mutuality Prevails! Kerala HC Strikes Down GST on Medical Association Services

April 14, 2025 2388 Views 0 comment Print

Kerala HC declares provisions under CGST & KGST Acts as unconstitutional for taxing services rendered by medical associations to their members.

No addition sustains if addition based on which reasons recorded for reopening got deleted

April 14, 2025 1458 Views 0 comment Print

Delhi High Court held that once addition on the basis of which reasons recorded for reopening of assessment under section 147 of the Income Tax Act has been deleted, then, other addition made are not sustainable in law. Accordingly, appeal allowed.

Financial liabilities or penal matters must not remain unresolved for years: Delhi HC

April 14, 2025 537 Views 0 comment Print

Delhi High Court held that matters having financial liabilities or penal consequences cannot be kept unresolved for years. Thus, show cause notice issued in 2013, 2014, 2015, 2016 and 2018 adjudicated vide order issued in 2024 is liable to be quashed.

Section 151A effective from 29.03.2022; jurisdiction under faceless assessment scheme not applicable prior

April 14, 2025 2646 Views 0 comment Print

ITAT Kolkata held that assumption of jurisdiction to impugned assessment under faceless assessment scheme prior to 29.03.2022 when provisions of section 151A of the Income Tax Act had not come into operation is not sustainable and without jurisdiction. Accordingly, appeal of assessee allowed.

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