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Judiciary

Initiation of IRP u/s. 95 of IBC against personal guarantor upheld as no principle of natural justice violated

April 25, 2025 873 Views 0 comment Print

NCLAT Chennai held that initiation of the IRP proceeding u/s. 95 of Insolvency & Bankruptcy Code, 2016 against personal guarantor upheld as no principle of natural justice has been violated, and that the Resolution Professional has given sufficient opportunities.

Unpaid VAT liability not claimed as expense in P&L cannot be disallowed u/s. 43B

April 25, 2025 1188 Views 0 comment Print

ITAT Raipur held that disallowance under section 43B of the Income Tax Act towards unpaid VAT liability cannot be sustained since the amount was not claimed as an expenditure in P&L account. Accordingly, appeal of revenue dismissed.

Assessment order passed against non-existent entity is invalid: ITAT Ahmedabad

April 25, 2025 1128 Views 0 comment Print

ITAT Ahmedabad held that assessment order passed against non-existent entity is an invalid assessment order and hence entire assessment framed is liable to be quashed. Accordingly, appeal of assessee allowed.

Income Tax Refund cannot be denied for Minor Return Error: Gujarat HC

April 25, 2025 1257 Views 0 comment Print

Gujarat High Court rules in favor of assessee, stating a mere error in reporting disallowances shouldn’t lead to refund denial after revised return deadline.

Gujarat HC Upholds ITAT, Deletes Additions on F&O Profit, Capital Increase & Investment

April 25, 2025 1125 Views 0 comment Print

Gujarat HC dismisses Revenue’s appeal, upholding ITAT’s decision to delete additions on F&O profit, capital increase, & investment due to AO’s errors.

SC Clarifies Copyright vs Design for Industrial Works

April 25, 2025 1455 Views 0 comment Print

SC sets framework distinguishing copyright from design protection for industrial drawings, impacting IP law. Clarifies Section 15(2) application.

Section 56(2)(viia) not apply to shares held as stock-in-trade: ITAT Mumbai

April 25, 2025 3120 Views 0 comment Print

ITAT Mumbai rules Section 56(2)(viia) does not apply to shares held as stock-in-trade, aligning with legislative intent for anti-abuse measures.

Report & Probe Cash Transactions Exceeding ₹2 Lakh Under Section 269ST: SC

April 25, 2025 8037 Views 0 comment Print

SC mandates reporting of cash transactions over ₹2L under Section 269ST, directing courts, IT authorities, and registrars to ensure compliance and curb violations.

SC Clarifies NDPS Act: Overruling Judgments Apply Retroactively

April 25, 2025 1278 Views 0 comment Print

Supreme Court rules overruling judgments under NDPS Act are retrospective. Clarifies scope of Section 8, Schedule I & impact on past cases.

CIT to Act on Merits, Not Remand Under Section 263 for Investigation Failures: SC

April 25, 2025 6969 Views 0 comment Print

Supreme Court judgment: Income Tax Commissioners cannot routinely remand cases if Assessing Officer finds no additions after inquiry. Section 263 explained.

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