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Decree holder qualifies as Financial Creditor when decree is based on financial debt

January 3, 2025 765 Views 0 comment Print

NCLAT Delhi held that a Decree Holder falls within the purview of the Financial Creditor under the Code, if the decree is based on a financial debt. Accordingly, dismissal of petition u/s. 7 of IBC not justified.

ITAT Refers AO to Examine Section 2(15) Allowability in Light of SC Decision

January 3, 2025 846 Views 0 comment Print

In the matter abovementioned ITAT referred to the AO to examine the allowability of the claim u/s 11 of the Act in view of the decision of the Hon’ble Apex Court in the decision of ACIT Vs. Ahmedabad Urban Development Authority, (2022) 449 ITR 1 (SC).

Co-owner consent not required for availing GST registration: Allahabad HC

January 3, 2025 1521 Views 0 comment Print

Allahabad HC rules co-owner consent unnecessary for GST registration if ownership proof, like an electricity bill, is in the owner’s name. Case details inside.

Inordinate delay of 9 years much beyond time limit u/s. 73(4B) of Finance Act not condoned

January 3, 2025 1182 Views 0 comment Print

Delhi High Court held that inordinate delay of 9 years in prosecuting the case is not justified since the same is much beyond the time limit prescribed under section 73(4B) of the Finance Act, 1994. Accordingly, delay not condoned and hearing notice quashed.

No proper service and opportunity before CIT (A): ITAT remand matter to CIT (A)

January 3, 2025 630 Views 0 comment Print

Assessment completed u/s. 143(3) r.w.s. 144 for AY 2010-11 after making of addition of Rs. 36,092/- on account of wrong claim of deduction u/s. 24 and Rs. 23,43,705/- was also disallowed on account of unexplained cash credit u/s. 68 of the Act, Rs. 24,22,305/- on account of unaccounted receipts from Shiva Phrama Ltd. and Rs. 2,06,883/- on account of unaccounted receipts received from various companies.

Revision u/s. 263 quashed as enquiry already conducted during assessment: ITAT Ahmedabad

January 3, 2025 1032 Views 0 comment Print

ITAT Ahmedabad held that revisionary proceeding under section 263 of the Income Tax Act quashed since enquiry already conducted by AO during the course of assessment proceedings. Accordingly, appeal allowed.

Interest on sanctioned refund under Customs admissible after 3 months from date of application

January 3, 2025 1056 Views 0 comment Print

CESTAT Ahmedabad held that under Customs Act interest on sanctioned refund is admissible after three months from the date of application and not from date of Commissioner (A) order.

Detention order passed beyond time limit prescribed u/s. 129(3) of CGST Act is invalid: Madras HC

January 3, 2025 1485 Views 0 comment Print

Madras High Court held that passing of order of detention in Form GST MOV-09 beyond time limit stipulated under section 129(3) of the Central Goods and Services Tax Act unjustified. Accordingly, detention held to be invalid.

Interest from investment with co-operative society engaged in banking business deductible u/s. 80P(2)(d)

January 3, 2025 945 Views 0 comment Print

ITAT Ahmedabad held that the interest earned on the investment made with the Coopearitve Society which was carried out the banking business is eligible for deduction under section 80P(2)(d) of the Income Tax Act.

EPF Act Not Applicable to Govt Employees with Superior Benefits: MP HC

January 3, 2025 1674 Views 0 comment Print

Madhya Pradesh High Court ruled on EPF Act applicability to employees of aided schools, emphasizing compliance with central laws over state-specific rules.

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