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Judiciary

Delay Doesn’t Prove Dispute: SC Clarifies Section 9 IBC Standard, Restores CIRP

December 12, 2025 723 Views 0 comment Print

The Supreme Court held that the corporate debtor’s alleged pre-existing dispute lacked any factual basis and reinstated NCLT’s CIRP admission. The ruling reaffirms that illusory or unsupported defences cannot defeat a Section 9 IBC claim.

Section 54 Deduction Upheld for Pre-Amendment Foreign Property Purchase

December 12, 2025 447 Views 0 comment Print

Tribunal rules that Section 54 deduction applies to property purchased outside India before the 2015 amendment, overturning CIT(A) decision.

Charitable Trust Registration Remanded After ITAT Finds Evidence Ignored

December 12, 2025 288 Views 0 comment Print

The ITAT Amritsar remanded the 12A registration application after the CIT(E) ignored documentary proof of charitable activities. The trust must now be reconsidered with full verification of invoices, bank statements, and photographs.

Donations Linked to Milk Supply Not Corpus; Section 11(1)(d) Exemption Denied

December 12, 2025 459 Views 0 comment Print

ITAT Ahmedabad held that donations linked to milk supply were compulsory and cannot be treated as corpus contributions under Section 11(1)(d). The trust’s claim for exemption was denied, though a statutory deduction of 15% on revenue was allowed.

SC Holds Expired Mandate Cannot Be Revived – Substitution Ordered Under Section 29A(6)

December 12, 2025 519 Views 0 comment Print

The Court held that once the statutory deadline expires, an arbitrator becomes functus officio and cannot be granted a fresh extension. It ordered substitution under Section 29A(6), reinforcing strict timelines for arbitral awards.

Section 158BD Assessment Valid for Wife Based on Diary Seized from Husband’s Premises

December 12, 2025 987 Views 0 comment Print

The court held that undisclosed investments in school property could be assessed against the wife due to her familial control over the educational society. Seized documents from the husband’s premises were relevant and sufficient evidence.

Bogus Political Donations: ITAT Ahmedabad denies Section 80GGC Deduction

December 12, 2025 9606 Views 0 comment Print

The tribunal ruled that funds donated to certain political parties were routed back to the donor, lacking genuineness. Deductions under Section 80GGC were disallowed as a result.

Technical Delay in Form 10AB Filing Cannot Block 80G Recognition: ITAT Chennai

December 12, 2025 846 Views 0 comment Print

The Tribunal noted that amendments introduced by the Finance Act 2024 permit fresh filings after commencement of activities. The delayed application was remanded to the CIT(E) for consideration under the revised provision.

Rajasthan HC: Reassessment Quashed as Section 148 Notice Issued by JAO

December 12, 2025 579 Views 0 comment Print

The Court held that a Section 148 notice issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer was invalid, resulting in the reassessment order being set aside.

Excise Duty Valuation Cannot Include Sales Tax Paid at NPV Under Incentive Scheme: CESTAT Mumbai

December 12, 2025 432 Views 0 comment Print

CESTAT Mumbai rules that sales tax discharged at net present value under a state incentive scheme cannot be included in transaction value for central excise duty.

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