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Judiciary

Interest cannot be termed as operational debt u/s. 5(21) of IBC: NCLAT Delhi

October 25, 2024 723 Views 0 comment Print

NCLAT Delhi held that interest cannot be termed as operational debt as defined under section 5(21) of the Insolvency and Bankruptcy Code and hence interest cannot be included in the claims filed under section 9 of the Code.

Addition towards unexplained investment set aside as genuinity of transaction proved: Madras HC

October 25, 2024 660 Views 0 comment Print

Madras High Court held that once the genuinity of the transaction is proved by the petitioner before this Court, there is no necessity for remanding the matter back to the respondents. Accordingly, addition towards unexplained investment set aside.

Notice in DRC-01 issued for different assessment year quashed and matter remanded: Madras HC

October 25, 2024 1209 Views 1 comment Print

Madras High Court held that notice and order thereof issued for A.Y. 2021-22 instead of 2018-19 in form DRC-01 is liable to be quashed. Accordingly, matter remanded back for passing fresh order on merits.

Completion of revisionary proceeding within short span of 12 days unjustified: Matter restored back

October 25, 2024 585 Views 0 comment Print

ITAT Ahmedabad held that the entire proceedings under Section 263 of the Act were initiated and completed by the PCIT within a period of only 12 days without pointing out reason for lack of enquiry unjustified. Accordingly, matter restored back.

Appeal u/s. 260-A involving substantial question of fact not entertained: Karnataka HC

October 25, 2024 783 Views 0 comment Print

The Assessing Authority disallowed a sum of Rs.11,27,00,000/-, which the assessee claimed it as business loss. The Assessing Authority had also disallowed certain other claims of the assessee.

Kerala HC directs Separate GST Proceedings for Each Financial Year Despite Consolidated SCN

October 24, 2024 5730 Views 0 comment Print

Kerala HC rules in Haries Muhammed case that GST authorities must issue separate orders for each financial year despite consolidated show cause notices.

ITAT Delhi Quashes Section 271B Penalty: Clarifies Turnover for Commission Businesses

October 24, 2024 6369 Views 0 comment Print

ITAT Delhi rules in favor of Dharam Singh, clarifying turnover calculation for commission-based businesses under section 271B.

No blocking of ITC in Electronic Credit Ledger if sufficient balance was not available

October 24, 2024 2196 Views 0 comment Print

Where there was Nil or insufficient balance in a particular tax head in the Electronic Credit Ledger, then the balance in another tax head could be blocked only if the cross-utilization from such head was permissible in law.

Granting of personal hearing mandatory prior to passing adverse order: Madras HC

October 24, 2024 1335 Views 0 comment Print

A notice in Form DRC-01 was issued by the respondent on 28.12.2023. The petitioner filed reply to the said notice on 20.02.2024. Without affording an opportunity of personal hearing to the petitioner, the assessment order came to be passed on 26.04.2024.

Rectification order without informing rectification reason is liable to be quashed: Kerala HC

October 24, 2024 798 Views 0 comment Print

Kerala High Court held that passing of rectification order without informing reason that prompted the exercise of power of rectification is unsustainable in law. Accordingly, rectification order quashed.

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