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Judiciary

PF/ESI Disallowance Appeal Dismissed for 690-Day Delay & Insufficient Cause

May 21, 2025 570 Views 0 comment Print

Raipur ITAT dismisses BPS Infrastructure’s appeal against delayed PF/ESI contribution disallowance, citing 690-day delay and lack of sufficient cause.

Criminal case u/s. 454(8) of Companies Act not maintainable amidst pending appeal

May 21, 2025 924 Views 0 comment Print

Kerala High Court held that criminal case under section 454(8) of the Companies Act unsustainable since appeal filed by the petitioner against the penalty order is still pending consideration. Thus, the Criminal Miscellaneous Cases allowed and complaint quashed.

Life Membership, Award/IJA/WSJA Fund for specific Purpose are Corpus Donations

May 21, 2025 1008 Views 0 comment Print

Chennai Income Tax Appellate Tribunal clarifies that designated funds and life membership fees for charitable societies are capital receipts, not taxable income.

Claiming deduction u/s. 80IA not necessary for invocation of section 92BA: ITAT Hyderabad

May 21, 2025 864 Views 0 comment Print

ITAT Hyderabad held that for the invocation of section 92BA of the Income Tax Act, there is no necessity for the assessee for opting/ claiming the deduction U/s. 80IA of the Income Tax Act. Accordingly, appeal of the assessee dismissed.

Refund claim for ITC accrued before July 18, 2022 cannot be denied: SC

May 21, 2025 7827 Views 0 comment Print

Supreme Court dismisses appeal, affirming ITC refund claims for inverted duty structure prior to July 18, 2022, cannot be denied based on filing date.

Cash credit addition not sustained as re-payment of loans in subsequent year accepted

May 21, 2025 903 Views 0 comment Print

ITAT Ahmedabad held that addition on account of cash credit in the current year cannot be sustained where department had accepted the re-payment of loans in subsequent year. Accordingly, addition confirmed by CIT(A) deleted and appeal allowed.

IBC Section 9 application dismissed as debt below minimum threshold of Rs. 1 Crore

May 21, 2025 1167 Views 0 comment Print

NCLT Delhi held that alleged debt falls below the minimum threshold limit of Rs. 1 Crore as laid down under section 4 of the Insolvency and Bankruptcy Code, 2016 and hence section 9 application for initiation of CIRP dismissed.

Extended Period Not invocable Without Proof of Wilful Misstatement or Suppression

May 21, 2025 900 Views 0 comment Print

Calcutta High Court held that invocation of extended period of limitation without establishing wilful mis-statement and suppression of material facts with intent to evade payment of tax is not justifiable. Accordingly, entire order passed by adjudicating authority is set aside.

Case Transfer U/S 127 Upheld for Coordinated Probe on Group’s Seized Documents

May 21, 2025 759 Views 0 comment Print

Pursuant to the search operation, a show-cause notice was issued to the appellants as required u/s. 127 of the Act, proposing to centralise the income tax files relating to the appellants to the Central Circle in Kolkata.

Delay in Filing Scheme of Compromise U/S 230 Not Condoned as no Auction Flaws found

May 21, 2025 678 Views 0 comment Print

NCLAT Chennai held that delayed filing of scheme of compromise u/s. 230 of the Companies Act cannot be condoned since there was no procedural flaw in conducting the auction till the stage it was finalized by the issuance of the sale certificate.

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