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Judiciary

Insolvency Application was maintainable against Personal Guarantor u/s 60(1) even if there was absence of pending CIRP against CD

February 3, 2025 171 Views 0 comment Print

The view that NCLT had no jurisdiction to entertain Section 95 Application filed by the Financial Creditor and the Application ought to have been filed before the DRT was not valid.

Requirement to explain ‘source of source’ was restricted to Share Capital and couldn’t be extended to unsecured Loans

February 2, 2025 645 Views 0 comment Print

Assessee had satisfactorily explained the source of credits in his books and consequently, CIT(A) had rightly deleted the additions after relying on various judgments made by AO.

Application for ordering liquidation of Go Airlines (India) Limited allowed

February 1, 2025 168 Views 0 comment Print

It was held that CoC in the legislative scheme was empowered to take decision to liquidate the Corporate Debtor, any time after its constitution and before confirmation of the resolution plan.

Addition u/s. 40(a)(ia) not sustained as profit is estimated by applying net profit rate

February 1, 2025 441 Views 0 comment Print

ITAT Jodhpur held that if the books of accounts are rejected, and net profit is estimated by application of net profit rate, there cannot be again addition on account of any disallowance based on the same set of books of accounts. Thus, addition u/s. 40(a)(ia) set aside.

Denial of exemption u/s. 54B for purchase of agricultural land in name of wife not justified

February 1, 2025 426 Views 0 comment Print

ITAT Delhi held that denial of exemption under section 54B of the Income Tax Act for purchase of agricultural land in the name wife of the assessee is not justifiable. Accordingly, denial of benefit of deduction set aside.

Extension of moratorium period beyond 180 days impermissible: NCLAT Delhi

February 1, 2025 201 Views 0 comment Print

NCLAT Delhi held that as per expressed provisions of section 101(1) of the Insolvency and Bankruptcy Code, 2016 moratorium period cannot be extended beyond 180 days. Accordingly, appeal dismissed.

Society not entitled to exemption under sections 11 and 12 due to non-filing of return of income

February 1, 2025 270 Views 0 comment Print

ITAT Raipur held that exemption under section 11 and section 12 of the Income Tax Act not admissible to assessee society due to non-furnishing of return of income as required u/s. 12A(1)(b) of the Income Tax Act.

Service Tax is not chargeable on reimbursement of expenses: SC

February 1, 2025 1410 Views 0 comment Print

Supreme Court upholds CESTAT’s decision, ruling no service tax is applicable on reimbursement of expenses, as no service element exists.

No addition u/s 68 for long-term capital gain on sale of shares as independent investigation was not conducted by AO

February 1, 2025 348 Views 1 comment Print

When an assessee deposes on oath giving explanation of the reasons and circumstances for investment, the same could not be brushed aside on the basis of general principles of the modus operandi of bogus LTCG claims.

IBC: Appeal Delay Beyond 15 Days Not Condonable – NCLAT Delhi

February 1, 2025 327 Views 0 comment Print

NCLAT Delhi dismisses Kotak Mahindra Bank’s appeal, ruling that delays beyond 15 days under Section 61(2) of IBC cannot be condoned.

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