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Judiciary

Gains from legal transaction emanating from illegal act would be construed as proceeds of crime

November 12, 2025 624 Views 0 comment Print

Delhi High Court held that gains from legal transaction emanating from an illegal act would still be construed as “proceeds of crime” under the Prevention of Money Laundering Act, 2002. Thus, profits from artificially elevated share price qualifies as proceeds of crime and hence attachment justifiable.

Mechanical Approval Under Repealed Section Invalidates Reopening: ITAT Delhi

November 12, 2025 438 Views 0 comment Print

ITAT Delhi invalidated a reassessment under Sections 144/147, citing mechanical approval by authorities and incorrect statutory references. The ruling reinforces that higher authorities must apply proper legal mind when granting sanction under Section 151.

Transfer Pricing: Large Turnover Companies Not Comparable to Captive Units: ITAT Bangalore

November 12, 2025 1374 Views 0 comment Print

ITAT observed that applying an upper turnover filter is essential in transfer pricing cases where the assessee’s turnover is much lower. It ordered exclusion of big IT majors from the comparable list and directed fresh computation of ALP.

Bogus Purchase: ITAT Quashes 271(1)(c) Penalty as Specific Limb not Mentioned

November 12, 2025 846 Views 0 comment Print

 ITAT Mumbai deleted a penalty under Section 271(1)(c) because the notice failed to specify whether it targeted concealment of income or inaccurate particulars. The ruling highlights the need for clarity in issuing tax penalties.

Extrapolation cannot be done to assume income without any cogent material

November 12, 2025 675 Views 0 comment Print

ITAT Mumbai held that no extrapolation can be done on estimation basis in absence of any incriminating material. Accordingly, addition rightly deleted by CIT(A). Thus, order of CIT(A) upheld and appeal of revenue dismissed to that extent.

GST order passed without considering grounds cannot be sustained

November 12, 2025 750 Views 0 comment Print

Telangana High Court held that order passed under GST without considering grounds urged by the petitioner is not sustainable. Accordingly, order set aside and matter remitted back for fresh consideration.

CIRP against Soundararaja Mills Ltd. admitted as twin condition of debt and default fulfilled

November 12, 2025 684 Views 0 comment Print

NCLT Chennai held that application under section 9 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process against the Corporate Debtor (Soundararaja Mills Limited) admitted as twin condition i.e. debt and default fulfilled.

Application u/s. 7 of IBC for CIRP against Era Infrastructure (I) Ltd. admitted as debt and default proved

November 12, 2025 774 Views 0 comment Print

NCLT Delhi held that application under section 7 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Corporate Debtor [Era Infrastructure (India) Ltd.] admitted since financial debt and default thereon duly proved.

CIRP application u/s. 7 against Haridwar Highway Project Ltd. admitted

November 12, 2025 621 Views 0 comment Print

NCLT Delhi held that application under section 7 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Haridwar Highway Project Limited [Corporate Debtor] admitted since financial debt and default thereon established.

Gujarat HC permits furnishing of pending GST returns as substantial outstanding tax already deposited

November 12, 2025 408 Views 0 comment Print

Gujarat High Court permits furnishing of pending GST returns, in the matter of cancellation of GST registration due to non-filing of return for continuous period of six months, since substantial amount of outstanding tax with interest and late fees already deposited.

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