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Judiciary

Proceedings u/s. 95 of IBC not vitiated as demand notice duly served to personal guarantors

November 4, 2025 588 Views 0 comment Print

NCLAT Chennai held that demand notice has been duly served on the personal guarantors and hence proceedings under section 95 of the Insolvency and Bankruptcy Code, 2016 cannot be said to be vitiated. Accordingly, order quashed and proceedings remanded back.

Stay Rejected for Non-Payment of 20% Demand: Madras HC Upholds CBDT Guidelines

November 4, 2025 1065 Views 0 comment Print

Rejecting the petitioner’s request to keep recovery in abeyance, the Madras HC directed the assessee to comply with the mandatory 20% pre-deposit for AY 2019-2020. Failure to pay will result in the initiation of coercive recovery measures.

AP High Court Quashes GST Assessment Order Issued Without DIN

November 4, 2025 918 Views 0 comment Print

The Andhra Pradesh High Court set aside a GST show-cause notice and assessment order, ruling them invalid due to the mandatory absence of a DIN. The Tax Department must conduct a fresh assessment after assigning a DIN.

Delay in filing appeal condoned as plausible and sufficient cause shown

November 4, 2025 579 Views 0 comment Print

ITAT Bangalore held that delay in filing of appeal due to non-registration on Income Tax portal and non-receipt of notices are plausible and sufficient cause show. Accordingly, delay condoned and appeal restored back for fresh consideration.

Delhi HC Quashes Reassessment Based on New Grounds Not Mentioned in 148A(b) Notice

November 4, 2025 786 Views 0 comment Print

Reassessment based on a new Permanent Establishment (PE) ground, which was absent from the initial notice, was quashed by the Delhi High Court. The court ruled that tax authorities must adhere strictly to the grounds stated in the statutory notice.

Levy of 234E Fee Through Section 200A Intimation Before 01.06.2015 Not Sustainable

November 4, 2025 381 Views 0 comment Print

ITAT Chennai allowed the appeal of MLS Enterprises for statistical purposes, subject to a ₹10,000 cost, restoring the matter to the CIT(A). The central issue is the prospective nature of the Section 234E penalty levied under Section 200A.

ITAT Remands Assessment Due to Missing DIN in Order Body

November 4, 2025 534 Views 0 comment Print

The ITAT sent a tax assessment case back to the CIT(A) for reconsideration, citing the assessee’s claim of DIN absence in the assessment order. The appellate authority must now adjudicate on both the merits and the CBDT Circular No. 19/2019 compliance.

Gujarat HC Grants Conditional Bail in Alleged ₹9.34 Crore GST Evasion Case

November 4, 2025 861 Views 0 comment Print

The Gujarat High Court granted bail to a partner of Universal Enterprises accused of GST evasion. The court noted substantial investigation was over and imposed conditions for release.

ITAT Dehradun Deletes Penalty for Lack of Specificity under Section 270A

November 4, 2025 960 Views 0 comment Print

The ITAT Dehradun set aside a penalty under Section 270A, holding that the Assessing Officer failed to specify the exact clause of misreporting invoked. The penalty was declared invalid and deleted.

Chhattisgarh HC Quashes GST Attachment Order for Lack of Recorded Reasons

November 4, 2025 357 Views 0 comment Print

The High Court set aside the GST Department’s order attaching payments due to a contractor, holding that no reasons or legal provisions were cited. The Court emphasized compliance with Supreme Court guidelines on provisional attachment.

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