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Judiciary

Debt arising from advance to corporate debtor for supply of goods qualifies as operational debt

December 13, 2025 567 Views 0 comment Print

NCLAT Delhi held that debt arising from advance payment to corporate debtor for the supply of goods qualifies as operational debt under section 5(21) of the Insolvency and Bankruptcy Code, [IBC]. Accordingly, operational debt and default established hence section 9 application rightly admitted.

Settlement applications held valid as Finance Act not in force before March 2021

December 13, 2025 282 Views 0 comment Print

The court ruled that settlement applications filed between 01.02.2021 and 31.03.2021 remain valid since the Finance Act, 2021 took effect only on 01.04.2021, preserving vested rights during the interregnum

Delhi HC on Reassessment Validity: AO to Examine Surviving Limitation

December 13, 2025 294 Views 0 comment Print

Delhi High Court held that reassessment notices must be individually evaluated for surviving limitation. AO directed to re-compute limitation under Rajeev Bansal framework before deciding validity.

Ex-parte CIT(A) order quashed: ITAT restores appeal where notices went to deceased counsel

December 13, 2025 465 Views 0 comment Print

Delhi appellate authority’s ex-parte confirmation of unexplained money under Section 69A was set aside. ITAT directed CIT(A)/NFAC to adjudicate afresh, granting one final hearing opportunity.

Mere Chargesheet Not Enough to Establish Motor Vehicles Act Liability

December 13, 2025 1206 Views 0 comment Print

Supreme Court dismissed compensation appeals, holding that accident occurrence alone cannot establish liability. Claimants failed to prove involvement of the offending vehicle or rash driving.

Form 26AS Is Key: ITAT Restores TDS Credit Despite No Claim in Return

December 13, 2025 2367 Views 0 comment Print

ITAT held that failure to claim TDS credit in the return is only a procedural lapse. Once TDS is reflected in Form 26AS, credit must be granted after verifying corresponding income.

Illness of authorised signatory justifies second chance: ITAT restores cash-deposit additions to AO

December 13, 2025 183 Views 0 comment Print

Delhi ITAT quashed ex-parte assessments under Sections 144/147/143(3) as the authorised signatory’s serious illness prevented contesting, ensuring a fair opportunity to present evidence.

Law aids the vigilant: ITAT dismisses appeal for persistent non-appearance & upholds additions

December 13, 2025 255 Views 0 comment Print

ITAT Delhi dismissed an appeal where the assessee continuously absented itself, upholding additions under Section 143(3). The case reinforces that tax law protects diligent litigants, not those neglecting their rights.

ITAT Restores Issue to CIT(A) Over Rule 46A Non-Compliance

December 13, 2025 396 Views 0 comment Print

Delhi ITAT restored the matter to CIT(A) after finding that additional evidence was accepted without allowing AO to respond. Procedural safeguards under Rule 46A are essential, even for official records.

Section 147 Proceedings Invalid Due to Limitation, ₹3.34 Cr Addition Dropped

December 13, 2025 369 Views 0 comment Print

The Tribunal admitted an additional legal ground under Rule 11, allowing examination of the Section 148 notice on admitted facts. Since the notice was issued after the limitation period, the reassessment order and ₹3.34 crore additions were set aside.

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