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Adjustment of security payment deposit against pre-CIRP dues not allowable: NCLAT Chennai

December 13, 2024 1380 Views 0 comment Print

KSK Mahanadi Power Company Limited (Corporate Debtor) is a company engaged in business of power generation. The Corporate Debtor was admitted into Corporate Insolvency Resolution Process on 03.10.2019.

Section 9 Application unjustified due to pre-existing dispute surrounding operational debt: NCLAT Delhi

December 13, 2024 930 Views 0 comment Print

NCLAT Delhi held that admission of application under section 9 of the Insolvency and Bankruptcy Code (IBC) for initiation of CIRP of Corporate Debtor untenable due to pre-existing dispute surrounding operational debt.

Differential Duty Demand on Subsequent Car Purchaser Unjustified if Importer Retains Ownership: SC

December 13, 2024 819 Views 0 comment Print

Held that there is no ownership in law which can be recognized insofar as the appellant herein is concerned inasmuch as his name has not been entered in the registration certificate concerning the vehicle in terms of the provisions of the Motor Vehicles Act, 1988.

Denying benefit under VCES based on audit report not justified: Delhi HC

December 13, 2024 630 Views 0 comment Print

Delhi High Court held that an audit report cannot be regarded as an order of determination under section 72, 73 or 73A of the Finance Act, 1994 hence benefit under Voluntary Compliance Encouragement Scheme (VCES) cannot be deprived.

Section 107 of GST Act Does Not Exclude Applicability of Section 5 of Limitation Act, 1963

December 13, 2024 1209 Views 0 comment Print

Calcutta HC quashes appellate dismissal in GST case due to procedural lapses and directs reconsideration of delay condonation on merits.

Calcutta HC Sets Aside Assessment Order for Notice Sent to Unregistered Email, Violating Natural Justice

December 13, 2024 1245 Views 0 comment Print

Calcutta High Court quashes assessment order due to procedural lapses and improper service of notices, emphasizing compliance with Section 282 of the Income Tax Act.

Failure to Provide Hearing Renders GST Order Legally Untenable – Section 75(4)

December 13, 2024 555 Views 0 comment Print

Calcutta High Court sets aside GST order due to lack of hearing, violating Section 75(4) of CGST/WBGST Act. Matter remanded for fresh adjudication within 16 weeks.

Natural Justice Violation in Ex-Parte Decision: ITAT Remands Case to CIT(E) for Fresh Hearing

December 13, 2024 792 Views 0 comment Print

ITAT Ahmedabad remands case to CIT(E) for fresh hearing, citing lack of natural justice in ex-parte order on Masani Meldi Sadhana Foundation’s registration appeal.

Pre-deposit can be waived off in certain circumstances in Customs Appeals: Bombay HC

December 13, 2024 1821 Views 0 comment Print

Bombay High Court upholds statutory pre-deposit requirements under Section 129E of the Customs Act, rejecting appeals for waiver in non-rare cases.

ITAT Dismisses Appeal on Section 80G Due to New Application

December 13, 2024 456 Views 0 comment Print

ITAT Ahmedabad dismisses Comprehensive Blood And Cancer Care Foundation’s appeal as infructuous after filing a fresh Section 80G application per CBDT guidelines.

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