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Judiciary

‘Unintentional Delay’ Not a Valid Reason for Late Refiling Under IBC: NCLAT Delhi

November 2, 2025 576 Views 0 comment Print

The NCLAT Delhi dismissed an appeal by LBF Publications Private Limited, challenging an NCLT order that rejected its Section 9 IBC application. The dismissal was due to an undue and unexplained delay of 389 days in the refiling of the appeal after defects were notified by the Registry.

Madras HC Upholds Contractors’ Right to GST Reimbursement Under Statutory Variation Clause

November 2, 2025 1359 Views 0 comment Print

Madras HC held that contractors are entitled to reimbursement of 7% differential GST, as no additional input tax credit accrued after the GST rate increase.

Agreement for Sale Does Not Confer Ownership: NCLAT in Liquidation Case

November 2, 2025 855 Views 0 comment Print

NCLAT ruled that a registered agreement for sale alone does not transfer ownership and affirmed that property remains part of the liquidation estate.

ITAT Delhi Quashes 153C Assessments for Lack of Specific Satisfaction Note

November 2, 2025 1011 Views 0 comment Print

ITAT Delhi held that assessments under Section 153C were invalid where AO recorded a vague, consolidated satisfaction note without linking seized material to specific assessment years.

ITAT Surat Restores Trust’s 12A Registration Plea After Ex Parte Rejection by CIT(E)

November 2, 2025 642 Views 0 comment Print

ITAT Surat allowed Goverdhan Nathji Pare Bethakji Seva Trust’s appeal, setting aside CIT(E)’s ex parte rejection of its trust registration application. Tribunal condoned a 24-day delay and restored matter to CIT(E) for a fresh order after granting a reasonable opportunity of hearing to assessee.

ITC Mismatch Relief: Kerala HC Directs GST Officers to Reconsider Claims

November 2, 2025 702 Views 0 comment Print

Recognizing initial technical difficulties in GST compliance, the Kerala High Court allowed taxpayers to reapply for ITC relief under CBIC Circulars 183/2022 and 193/2023, requiring officers to examine claims within 30 days.

NCLT Cannot Transfer Cases Beyond Its Territorial Jurisdiction: Gujarat HC

November 2, 2025 798 Views 0 comment Print

Gujarat HC ruled that NCLT Delhi lacked authority to transfer matters from Ahmedabad to Mumbai under Rule 16 of NCLT Rules, 2016, terming such administrative transfers beyond territorial limits as illegal.

NCLAT Dismisses Minority Homebuyers’ Challenge to CIRP Plan

November 2, 2025 291 Views 0 comment Print

Citing the Supreme Court’s Jaypee Kensington judgment, the NCLAT ruled that minority creditors in a class cannot challenge a resolution plan approved by a significant majority. The appeal lacked grounds for Section 30(2) non-compliance.

ITAT Mumbai Allows Retrospective 5% Tolerance Relief Under Section 56(2)(x)

November 2, 2025 711 Views 0 comment Print

ITAT ruled that 5% tolerance for difference in stamp duty value and sale consideration applies retrospectively. This allowed assessee’s appeal against an addition under Section 56(2)(x).

Delhi HC Sets Aside CESTAT Order for Lack of Reasoned Findings

November 2, 2025 510 Views 0 comment Print

The Delhi High Court overturned the CESTAT’s August 2024 order concerning the revocation of Primus Logistics’ Customs Broker license. The CESTAT must now hear and decide the matter based on the evidence and merits.

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