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Judiciary

ITAT Delhi allows lease equalization and business loss write-offs

April 19, 2025 1878 Views 0 comment Print

ITAT Delhi allows Birlasoft’s claims on lease equalization and business loss write-offs, rejecting tax authority’s disallowances for AY 2014-15.

Bail for offence u/s. 447 of Companies Act set aside as twin conditions of section 212(6) not satisfied

April 19, 2025 1020 Views 0 comment Print

Supreme Court held that person accused for an offence under section 447 of the Companies Act cannot be released on bail without satisfying mandatory twin conditions prescribed under sub-section (6) of section 212 of the Companies Act.

Washing and dry cleaning covered within ‘manufacturing process’ u/s. 2(k) of the Factory Act

April 19, 2025 735 Views 0 comment Print

Supreme Court held that washing and dry cleaning is covered within the meaning of ‘manufacturing process’ defined under section 2(k) of the Factory Act, 1948 and hence Factory Act will be applicable. Accordingly, appeal is allowed and order of High Court set aside.

Non-conduct of preliminary enquiry cannot be reason to quash FIR against public servant in corruption case

April 19, 2025 657 Views 0 comment Print

In the year 1998, respondent no.1 was appointed as an Assistant Engineer in Karnataka Power Transmission Corporation Limited. Later, he was promoted to the post of Executive Engineer in Bangalore Electricity Supply Corporation.

Telephonic conversation, vague statements and uncorroborated allegations insufficient to establish criminal conspiracy

April 19, 2025 1086 Views 0 comment Print

Delhi High Court held that the allegations against the petitioners are based on telephonic conversations, vague statements, and uncorroborated allegations which are insufficient to establish a criminal conspiracy or wrongful conduct.

Seizure of jewellery valid as legitimacy of jewellery not substantiated

April 19, 2025 1278 Views 0 comment Print

Calcutta High Court held that seizure of jewellery is valid since legitimacy of jewellery not substantiated; discrepancies are found in documentation and weight and there was reasonable belief of potential wrongdoing.

Financial creditor entitled to file application u/s. 7 of IBC even after breach of settlement agreement

April 19, 2025 1113 Views 0 comment Print

NCLAT Delhi held that financial creditor entitled to file an application under section 7 of the Insolvency and Bankruptcy Code even after breach of settlement agreement since nature of debt doesn’t change. Thus, order admitting section 7 application sustained.

Interest & Penalty on IGST Payment Under Customs Tariff Act (Effective 16th August 2024): Bombay HC

April 19, 2025 2109 Views 0 comment Print

As already held by us, Section 3 (12) of the Tariff Act, as amended, is applicable only after 16th August,2024 and is not applicable to the present case. Accordingly, in the present case, no confiscation could have been imposed.

Suspension of Resolution Professional reduced as conclusions based on erroneous figures

April 19, 2025 384 Views 0 comment Print

Delhi High Court held that suspension of resolution professional for two years from taking any assignment as IRP is reduced since conclusions were based on erroneous figures. Accordingly, writ disposed of.

Reopening u/s. 148 quashed as reasons recorded found to be invalid: ITAT Chandigarh

April 19, 2025 897 Views 0 comment Print

ITAT Chandigarh held that cash deposits in assessee’s bank account was less than the amount mentioned in the reopening notice and thus reasons recorded by the AO were not found to be valid and, therefore, the reassessment framed was quashed. Accordingly, appeal of assessee allowed.

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