ITAT Delhi dismissed cross-appeals from the assessee and Revenue, citing the initiation of the Corporate Insolvency Resolution Process (CIRP). The ruling reaffirms that Section 238 of the IBC has an overriding effect on the Income-tax Act, mandating all tax claims be lodged with the Resolution Professional.
ITAT Delhi set aside 43 search assessments involving a business group and its associates, ruling that the mass approvals granted under Section 153D were invalid.1 The Tribunal held that approving 23 draft orders within 24 hours without proper review constitutes a mechanical, non-judicial exercise of power.
Tribunal held that charitable or religious trusts that have surrendered their registration and do not claim benefits under Section 11 are to be taxed at normal slab rates applicable to AOPs, not at the maximum marginal rate. The ruling relied on CBDT Circular No. 320 of 1982.
ITAT Hyderabad held that Transfer Pricing Officer [TPO] doesn’t have jurisdiction to scrutinize the claim of deduction under section 80IA of the Income Tax Act. Accordingly, addition made by AO on account of TP adjustment is not sustainable.
NCLT Prayagraj held that liquidation of Corporate Debtor [Garvit Innovative Promoters Ltd.] in terms of application filed under section 33(2) of the Insolvency and Bankruptcy Code admitted as approved in 7th CoC meeting. Accordingly, the present application is allowed.
ITAT Delhi held that the ₹33.12 crore received by a co-founder to settle disputes and relinquish the right to sue for promised equity is a non-taxable capital receipt. The court ruled the payment wasn’t salary, business income, or capital gains, as the ‘right to sue’ isn’t a transferable capital asset.
SC set aside a HC conviction in a corruption trap case, reinstating acquittal of a Labour Officer. SC ruled that recovery of cash alone is insufficient for conviction under PC Act unless prosecution first proves accused demanded and accepted bribe.
ITAT Mumbai quashed search assessments under Section 153C, ruling that a single, non-speaking, and mechanical approval granted under Section 153D for multiple assessment years is invalid.
SC ruled that holders of Cumulative Redeemable Preference Shares (CRPS) are investors, not creditors, affirming debt-equity distinction. Since CRPS is equity and redemption is conditional on profits, no ‘financial debt’ or ‘default’ under IBC exists, barring them from invoking Section 7.
Gujarat High Court rules refund for double IGST payment cannot be denied on Customs Act limitation grounds, as revenue cannot retain tax paid without authority of law.
