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Judiciary

Unsuccessful Applicant Cannot Challenge CoC-Approved Resolution Plan

January 24, 2025 2754 Views 0 comment Print

NCLT Kolkata held that unsuccessful resolution applicant has no locus to assail resolution plan once the resolution plan has been approved by the Committee of Creditors [CoC] unanimously.

Application u/s. 95 of IBC admitted based on recommendation of resolution professional

January 24, 2025 939 Views 0 comment Print

NCLAT Delhi held that based on recommendation made by the resolution professional, application under section 95 of IBC, 2016 is admitted. Notably, also held that application under section 95 is preferred within prescribed time limit.

Forfeiture of entire Earnest Money Deposit not justified owing to Covid-19: NCLAT Chennai

January 24, 2025 675 Views 0 comment Print

NCLAT Chennai owing to the situation prevailing due to Covid-19, the earnest money should not be permitted to be forfeited, where a subsequent fresh auction has taken place and the property has been sold at a higher price.

ITC of earlier period allowed if GST returns filed by 30th November 2021: Karnataka HC

January 24, 2025 780 Views 0 comment Print

Thereafter an order u/s. 73(9) of the KGST Act was passed vide order dated 27.03.2024 whereunder the tax demand together with interest and penalty was made against the petitioner.

Reduction in share capital of subsidiary company amounts to transfer of capital asset: SC

January 24, 2025 1371 Views 0 comment Print

Supreme Court held that the reduction in share capital of the subsidiary company and subsequent proportionate reduction in the shareholding of the assessee would be squarely covered within the meaning of transfer under Section 2(47) of the Income Tax Act.

Order of PCIT passed without considering contentions of assessee is liable to be quashed

January 24, 2025 555 Views 0 comment Print

ITAT Allahabad held that order passed by PCIT without considering the contentions of the assessee is against the principles of natural justice and accordingly is liable to be set aside. Accordingly, appeal of the assessee allowed.

Non-application of mind to legal issues justifies revisionary action u/s. 263

January 24, 2025 798 Views 0 comment Print

Thereafter, PCIT called for the assessment records and examined the proceedings. CIT(A) after going through the case records and assessment records took a view that the order passed by the AO is erroneous and prejudicial to the interest of revenue.

ITAT Quashes Section 271(1)(c) Penalty for Non-Strike of Limb in Notice & Admission of Substantial Question of Law

January 24, 2025 1371 Views 0 comment Print

ITAT Mumbai quashes penalties under Section 271(1)(c) for three assessees due to defective notices and debatable issues in light of Bombay High Court precedents.

Revenue Cannot compel Assessee to Spread Fees for NCDs; Section 14A disallowance Limited to Exempt Income

January 24, 2025 1008 Views 0 comment Print

Revenue cannot compel Assessee to spread upfront fees and brokerage fees for issuing non-convertible debentures over two years for which non-convertible debentures were issued

Penalty u/s. 129(3) of CGST Act deleted as non-registration of additional place of business is procedural irregularity

January 24, 2025 3501 Views 0 comment Print

Madras High Court held that e-way bill containing address of additional place of business which is not registered under GST is only procedural irregularities hence imposition of penalty under section 129(3) of the CGST Act, 2017 is liable to be set aside.

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