The Allahabad High Court held that interest cannot be imposed in an adjudication order if it was not specified in the show cause notice. Such action violates Section 75(7) of the GST Act.
Once a Resolution Plan was approved by the CoC and submitted for approval under Section 31 of the Insolvency and Bankruptcy Code, 2016, the plan becomes binding inter se between the CoC and the Successful Resolution Applicant
The Punjab and Haryana High Court held that authorities cannot block input tax credit beyond the balance available in the Electronic Credit Ledger. Rule 86A allows restriction only on credit actually available at the time of invocation.
The Delhi High Court held that the Assessing Officer cannot deny refund interest by attributing delay to the assessee. The decision clarified that only higher authorities specified in Section 244A(2) can determine such delay.
Karnataka High Court held that the Income tax returns, assessment particulars and related financial details do constitute “personal information” within the meaning of Section 8(1)(j) of the Right to Information Act, 2005.
NCLAT Chennai held that direction for issuance of valid share certificate doesn’t fall within the scope of section 59 of the Companies Act. Accordingly, order rejecting application u/s. 59 as not maintainable justified. Thus, company appeal is dismissed.
The Bombay High Court stayed recovery and adjudication in GST cases involving assignment of leasehold rights. The court held that interim protection is justified since the legal issue is currently under consideration by the Supreme Court.
The High Court held that Section 94 of the BNSS only allows authorities to call for documents and does not empower police to freeze bank accounts. Since the account was frozen without proper statutory authority, the action was declared illegal.
The Tribunal condoned a 161-day delay in filing the appeal after accepting medical evidence showing the assessee suffered an accident and dengue fever. The ruling reiterates that courts should adopt a liberal and justice-oriented approach in condonation matters.
Once the earlier Order-in-Appeal determining assessee s entitlement to drawback had attained finality and was accepted by the Department, the Commissioner (Appeals) in a subsequent proceeding could not reopen or revisit the issue of eligibility for drawback while examining the consequential order.
