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Judiciary

GST Demand Set Aside as Authorities Cannot Bypass IBC Mechanism After Liquidation Sale

December 8, 2025 771 Views 0 comment Print

The Court held that a GST demand for a pre-liquidation period could not be enforced after the corporate debtor was sold as a going concern with NCLT confirmation. It ruled that all past dues stood extinguished and the tax proceeding was invalid.

SC Rejected Appeal as Findings on Section 10(38) exemption Were Purely Factual

December 8, 2025 765 Views 0 comment Print

The Court confirmed that statements recorded during a survey cannot form the basis for tax additions if the assessee is not allowed to challenge them.

Appeal Dismissed as Assessment Ignored Evidence of Genuine Share Transactions

December 8, 2025 312 Views 0 comment Print

Court noted that documented share purchases, demat holdings, and stock-exchange sales were not properly evaluated by the AO. The ITAT’s factual findings were upheld.

Delhi HC Orders Release of Bank Account as GST Attachment Lapses After One Year

December 8, 2025 873 Views 0 comment Print

The Court held that a provisional attachment cannot continue beyond one year under Section 83 and ordered release of the account with a requirement to maintain a ₹10 lakh minimum balance.

Revenue Appeals Dismissed: No Incriminating Material Found in Share Certificate Case

December 8, 2025 321 Views 0 comment Print

The Delhi High Court upheld ITAT’s order, ruling that no incriminating material was seized, and investor companies had sufficient net worth. Additions under Sections 68 and 153A were not justified.

GST Appeal Rejection Over Limitation Set Aside for Lack of Upload Date Inquiry

December 8, 2025 402 Views 0 comment Print

The Court set aside the appellate order after finding no inquiry into when the March 2022 order was uploaded, directing the authority to verify the actual upload date. The ruling clarifies that limitation must be assessed based on proven upload timelines.

Discharge Denied Due to Prima Facie Evidence of Illegal Tender Cost Escalation

December 8, 2025 501 Views 0 comment Print

The High Court held that investigation material showed prima facie involvement in unlawful tender cost increases. The ruling emphasized that such allegations warrant a full trial, not discharge.

Repeated SLPs on already Settled Interconnect Issues Not Maintainable: SC

December 8, 2025 798 Views 0 comment Print

The Supreme Court dismissed the SLP filed by the Income Tax Department, condoning delay but emphasizing that repeated petitions on settled questions waste judicial resources.

Addition Deleted as Purchases Cannot Be Treated Bogus Without Rejecting Books

December 8, 2025 1056 Views 0 comment Print

The Tribunal held that purchases cannot be treated as bogus when books are accepted and payments are made through banking channels. The addition under section 69C was deleted due to lack of concrete evidence.

Anticipatory Bail Denied Due to Absconding & Serious Lottery Cybercrime Allegations

December 8, 2025 528 Views 0 comment Print

The Court rejected the anticipatory bail application as the applicant was absconding and implicated in a fraudulent lottery cybercrime. Bail was denied considering the nature of offences under IPC and IT Act.

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