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Judiciary

Settlement proposal u/s. 12A of IBC rejected since earlier proposal already disapproved by CoC

November 19, 2024 918 Views 0 comment Print

NCLT Delhi held that the proposals for settlement under section 12A of the IBC, 2016 made prior, to approval of the Resolution Plan, is rejected since the same was already considered by CoC and the same was not approved.

Burden cannot be shifted on assessee when nothing contrary found in search operation: ITAT Bangalore

November 19, 2024 1365 Views 0 comment Print

It is settled position of law that there cannot be any estoppels against the statute. If an income, is not taxable within the four corners of law, then the same cannot be made taxable merely because the assessee has offered the same under misconception of facts and law.

No withdrawal of approved resolution plan unless the breach of sec. 30(2) of IBC

November 19, 2024 957 Views 0 comment Print

The law was well settled that the Resolution Plan which was approved by the CoC could not be allowed to be withdrawn and any clause which contemplate withdrawal of the plan was unenforceable unless section 30(2) of the IBC was breached.

Dissenting Financial Creditor was only entitled to Liquidation Value of Secured Interest u/s 30(2)(b) of IBC

November 19, 2024 888 Views 0 comment Print

Appellant had submitted that it was a secured financial creditor of the Corporate Debtor. Appellant’s financial debt was secured by charge on certain units and / or charge on total FSI (totaling to about 34,200 sq. ft.) in the project that was being developed by the CD.

Disallowance of amount of employees’ share to ESI and PF after due date justifiable: ITAT Bangalore

November 19, 2024 1671 Views 1 comment Print

ITAT Bangalore held that amount of employee’s share to ESI and PF paid after due date provide under the respective statutes is liable to be disallowed. Accordingly, matter referred back for limited purpose of verification of payment challans.

Conditional bail granted to accused involved in smuggling of foreign origin gold: Patna HC

November 19, 2024 582 Views 0 comment Print

Patna High Court granted conditional bail to the accused involved in smuggling of foreign origin gold. Further, accused also directed to remain physically present in the given dates.

Excess interest to be refunded back as rule 8(3) is ultra vires to section 11AB(1) of Central Excise Act

November 19, 2024 591 Views 0 comment Print

Petitioner is engaged in manufacturing of Duplex Board. The present writ petition has been preferred seeking to recover a sum of Rs.3,66,649/- which was paid by the petitioner to the Department as interest in excess of actual interest liability.

Contribution to EPF/ESI beyond due date of respective Act duly disallowed: ITAT Jaipur

November 19, 2024 1098 Views 0 comment Print

ITAT Jaipur held that disallowance of contribution of EPF/ESI of employees contribution justified since amount deposited beyond the due date of respective Acts. Notably, deduction is not allowance even if contribution is deposited before filing of return u/s. 139(1).

CIRP duly initiated u/s. 7 of the Code as provisions of section 10A doesn’t apply: NCLAT Delhi

November 19, 2024 594 Views 0 comment Print

NCLAT Delhi held that provisions of section 10A of the Insolvency and Bankruptcy Code, 2016 would not apply as the date of default occurred much prior to 25.03.2020. Accordingly, held that application filed under section 7 duly accepted.

GST on Diagnostic Services at 18%; No TCS on Medpiper Technologies

November 19, 2024 1926 Views 0 comment Print

GST AAR Karnataka rules on Medpiper Technologies: GST on diagnostic services at 18%, no TCS applicability, and non-classification as an insurance agent.

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