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Judiciary

Absolute right of Corporate Debtor over property established hence it is part of liquidation estate

January 27, 2025 450 Views 0 comment Print

NCLAT Delhi held that assignment agreement establishes absolute right of the corporate debtor over the property hence it is part of liquidation estate. Payment of unauthorised sub-letting charges doesn’t mean any valid sub-letting of property.

Section 69 Addition based on loose sheets without corroborative evidence not sustainable

January 27, 2025 1242 Views 0 comment Print

ITAT Chennai held that addition under section 69 towards unexplained investment merely based on loose sheets without any corroborative evidences is unsustainable in law. Also held that addition on the basis of mere assumption and presumption not sustainable.

ITAT Directs AO to Verify TDS Payment Documents Submitted for First Time

January 27, 2025 573 Views 0 comment Print

ITAT Agra held that evidences with regard to deposit of income tax deducted at source (TDS) filed for the first time before ITAT hence appeal allowed with direction to AO to verify the documents.

Interest on investment with banks eligible for Section 80P(2)(a)(i) deduction: ITAT Pune

January 27, 2025 1236 Views 0 comment Print

In the matter abovementioned ITAT Pune after relying upon the decision of jurisdictional HC held that assessee was eligible for deduction u/sec.80P(2)(a) (i) on the Interest earned by assessee.

Bail in GST fake firm registration rejected due to grave economic offence: Allahabad HC

January 27, 2025 1473 Views 0 comment Print

Allahabad High Court rejected bail application of applicant involved in GST fake firm matter since the case of bail is not made out in economic offence where money trail of crores and co-accused discharge application has already been rejected.

TDS not deductible on commission paid to foreign agents as no PE in India

January 27, 2025 2199 Views 0 comment Print

ITAT Chennai held that payments are in the nature of selling commission to foreign agents who is not having permanent establishment or business connection in India is not taxable in India and accordingly, TDS u/s. 195 not deductible.

Scheme of Arrangement U/S 230 Not Allowed Post E-Auction of Corporate Debtor

January 27, 2025 1431 Views 0 comment Print

NCLAT Chennai held that after finalization of process of e-auction sale of Corporate Debtor, it cannot be permitted to consider Scheme of Arrangement proposed under section 230 of the Companies Act.

High Sales Figures Not Grounds for Treating Cash Deposit as Unexplained Income

January 27, 2025 699 Views 0 comment Print

ITAT Chandigarh deletes ₹32 lakh addition against Pawan International, ruling cash deposits from opening stock sales cannot be treated as unexplained income.

Application u/s. 7 of IBC allowed even if proceedings initiated before Debts Recovery Tribunal

January 27, 2025 795 Views 0 comment Print

NCLAT Delhi held that initiated proceedings before the Debts Recovery Tribunal does not preclude Financial Creditors to take remedy under Section 7, which is a special remedy provided under the IBC.

Loan Creditworthiness in Question: ITAT Remands ₹36.5 Lakh addition Case

January 27, 2025 663 Views 0 comment Print

ITAT Chennai remands ₹36.5 lakh unexplained loans case for reconsideration after assessee fails to provide sufficient evidence of creditors’ financial capacity.

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