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Judiciary

Adjudicating Authority cannot review judgment on merits: NCLAT Delhi

April 21, 2024 294 Views 0 comment Print

NCLAT Delhi ruling on Adisri Commercial Pvt. Ltd. Vs RBI & Ors. : Recall applications filed by Appellant are nothing but application to review judgment on merits which power is not vested with Adjudicating Authority.

ITAT allows deduction of interest paid on Perpetual Non-Convertible Debentures (PNCD)

April 21, 2024 603 Views 0 comment Print

ITAT Mumbai grants relief to Tata Steel Limited, allowing deduction of interest paid on Perpetual Non-Convertible Debentures (PNCD) under section 36(1)(iii) of the Act. 

SC verdict on jurisdiction of Special Courts under IBC, 2016

April 21, 2024 351 Views 0 comment Print

Insolvency And Bankruptcy Board of India Vs Satyanarayan Bankatlal Malu & Ors (Supreme Court of India) The recent Supreme Court ruling in the case of Insolvency And Bankruptcy Board of India Vs Satyanarayan Bankatlal Malu & Ors clarifies the jurisdiction of Special Courts under the Insolvency and Bankruptcy Code. Analyzing the provisions of Section 236(1) […]

Limitation Starts when Responsible Officer becomes aware of Order: Delhi HC

April 21, 2024 3246 Views 0 comment Print

CIT – International Taxation Vs Qualcomm Incorporated Vs (Delhi High Court) Once a responsible officer of Department becomes aware of order, period of limitation would commence form that point in time

ITAT Ruling on Taxability of FTS, in absence of specific clause in DTAA

April 21, 2024 1173 Views 0 comment Print

Learn about the tax dispute between Diamond Manufacturing Management and the Indian Revenue Authority, involving fees for technical collaboration and the absence of Permanent Establishment.

Unfair Proceedings Lead to Ex-Parte Order Set Aside in Siddh Sales Corp. v. State Of UP

April 21, 2024 618 Views 0 comment Print

In MS Siddh Sales Corp. v. State Of UP, the court sets aside an ex-parte order due to procedural irregularities, emphasizing the importance of fair hearings and adherence to the law

20% Pre-deposit for GST Appeal not includes Interest: Calcutta HC

April 20, 2024 1179 Views 0 comment Print

Evergreen Construction appeals an interim order directing a 20% pre-deposit of disputed unpaid interest, citing GST Act provisions. Calcutta High Court clarifies the statute’s intent.

Resolution Applicant Not Liable for liabilities other than those specified in Resolution Plan

April 20, 2024 339 Views 0 comment Print

The judgment by the Delhi High Court in the case of Ireo Fiveriver Pvt. Ltd. vs Income Tax Department & Anr. underscores the importance of upholding the sanctity of approved Resolution Plans under the Insolvency and Bankruptcy Code. It reaffirms that once a resolution plan is approved, the successful resolution applicant cannot be subjected to additional liabilities arising from periods preceding the approval.

Rajasthan HC: Can Granted ITC Refunds be Recalled for Department Adjudication?

April 20, 2024 723 Views 0 comment Print

Explore the Rajasthan High Court’s ruling on Sarrs Construction’s refund of Input Tax Credit (ITC). Can the department recall granted refunds? Delve into the detailed analysis here.

Claims not forming part of resolution plan stands extinguished: Gujarat HC

April 20, 2024 441 Views 0 comment Print

Gujarat High Court held that demand notice issued after date of order of NCLT approving the resolution plan is liable to be quashed as claims which are not part of the resolution plan shall stand extinguished.

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