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Judiciary

NCLAT Dismisses Appeal against Rejected Resolution Plan after Second Plan Approval

January 25, 2025 132 Views 0 comment Print

NCLAT dismisses appeal challenging rejection of a resolution plan after a fresh plan was accepted, rendering the appeal infructuous.

Denial of fair opportunity: ITAT directs readjudication of Section 12AB application

January 25, 2025 165 Views 0 comment Print

ITAT Ahmedabad restores Sharvashram Jagruti Sansthan Trust’s case for re-evaluation by CIT (Exemption), citing natural justice and insufficient hearing opportunities.

Addition at 8% of Gross Profit without hearing: ITAT directs readjudication

January 25, 2025 174 Views 0 comment Print

ITAT Ahmedabad remands Vinodchandra Dahyabhai Darji’s tax case for fresh adjudication after finding denial of a hearing in a faceless appeal process.

Credit Card Misuse: No Section 271(1)(b) Penalty if reasonable explanation given

January 25, 2025 3339 Views 0 comment Print

ITAT Ahmedabad ruled in favor of the assessee, deleting penalties under Section 271(1)(b) for A.Ys. 2012-13 & 2013-14, citing lack of non-compliance evidence.

Unsuccessful Applicant Cannot Challenge CoC-Approved Resolution Plan

January 24, 2025 1665 Views 0 comment Print

NCLT Kolkata held that unsuccessful resolution applicant has no locus to assail resolution plan once the resolution plan has been approved by the Committee of Creditors [CoC] unanimously.

Application u/s. 95 of IBC admitted based on recommendation of resolution professional

January 24, 2025 243 Views 0 comment Print

NCLAT Delhi held that based on recommendation made by the resolution professional, application under section 95 of IBC, 2016 is admitted. Notably, also held that application under section 95 is preferred within prescribed time limit.

Forfeiture of entire Earnest Money Deposit not justified owing to Covid-19: NCLAT Chennai

January 24, 2025 108 Views 0 comment Print

NCLAT Chennai owing to the situation prevailing due to Covid-19, the earnest money should not be permitted to be forfeited, where a subsequent fresh auction has taken place and the property has been sold at a higher price.

ITC of earlier period allowed if GST returns filed by 30th November 2021: Karnataka HC

January 24, 2025 315 Views 0 comment Print

Thereafter an order u/s. 73(9) of the KGST Act was passed vide order dated 27.03.2024 whereunder the tax demand together with interest and penalty was made against the petitioner.

Reduction in share capital of subsidiary company amounts to transfer of capital asset: SC

January 24, 2025 492 Views 0 comment Print

Supreme Court held that the reduction in share capital of the subsidiary company and subsequent proportionate reduction in the shareholding of the assessee would be squarely covered within the meaning of transfer under Section 2(47) of the Income Tax Act.

Order of PCIT passed without considering contentions of assessee is liable to be quashed

January 24, 2025 111 Views 0 comment Print

ITAT Allahabad held that order passed by PCIT without considering the contentions of the assessee is against the principles of natural justice and accordingly is liable to be set aside. Accordingly, appeal of the assessee allowed.

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