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Judiciary

Property not owned by Corporate Debtor cannot be sub-leased by liquidator without prior permission

December 17, 2024 981 Views 0 comment Print

NCLAT Delhi held that liquidator cannot create sub-lease over properties not owned by the corporate debtor without prior permission of concerned authority. Accordingly, action to sub-lease without specific permission is incorrect and illegal.

Delay in appeal due to attachment of office sufficient cause: ITAT Surat

December 17, 2024 429 Views 0 comment Print

ITAT Surat held that delay in filing of an appeal before CIT(A) since the assessee was displaced from his office due to attachment of office on account of some purported fraud committed by him is sufficient cause.

Date of declaration of loan as NPA can be date of default for initiation of action u/s. 7 of IBC

December 17, 2024 831 Views 0 comment Print

NCLAT Delhi held that date of declaration of the loan account/ debt as NPA can be reckoned as the date of default to enable the Financial Creditor to initiate action under Section 7 of the Insolvency and Bankruptcy Code.

Addition u/s. 69 deleted since cash deposited out of sale of agricultural land: ITAT Ahmedabad

December 17, 2024 684 Views 0 comment Print

ITAT Ahmedabad held that addition under section 69 of the Income Tax Act towards cash deposit in bank not justified since it is proved that cash was deposited out of the sale of agricultural land.

ITAT Surat imposes Cost imposed on assessee for non-cooperation

December 17, 2024 765 Views 0 comment Print

As the assessee had not submitted his explanation with respect to cash deposit made by him during the demonetization period, the same was treated as unexplained money u/s 69A of the Act.

Bail granted due to prolonged incarceration before being pronounced guilty of an offence

December 17, 2024 750 Views 0 comment Print

Calcutta High Court allowed the bail application on the fact that petitioner has been in prolonged incarceration before being pronounced guilty of an offence. Court also relied on the principle that bail is rule and jail is exception.

Guarantor couldn’t become financial creditor without payment in discharge of guarantee

December 17, 2024 1026 Views 0 comment Print

The IRP sent a report in which two more unsecured financial creditors, the appellants herein, were included in the CoC on the ground that they had given personal guarantee to the applicant bank for securing the loan advanced to the corporate debtor.

Demanding GST from receiver under RCM leads to double taxation since tax paid by service provider

December 17, 2024 3198 Views 0 comment Print

Karnataka High Court held that demand of Goods and Services Tax (GST) under reverse charge mechanism from service receiver will lead to double taxation since entire tax already paid by service provider. Accordingly, appeal allowed.

Court cannot decide dispute between private parties under Article 226 of Constitution

December 17, 2024 1032 Views 0 comment Print

Madras High Court held that Article 226 of the Constitution doesn’t permit Court to decide the dispute between two private parties. Accordingly, writ dismissed with liberty to petitioner to avail civil remedy.

10% of disputed tax amount to be deposited due to non-appearance: Madras HC

December 17, 2024 777 Views 0 comment Print

Held that the impugned order dated 29.08.2024 is set aside and the petitioner shall deposit 10% of the disputed tax within a period of four weeks from the date of receipt of a copy of this order.

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