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    September 2, 2026   Case Laws Income Tax
    Reassessment Notices Issued to Deceased Assessees Are Jurisdictionally Invalid and Require Proceedings Against Legal Representatives
    September 2, 2026   Case Laws Income Tax
    Penalty immunity for misreported income remains unavailable despite objections to notice, hearing, and decision delay.
    September 2, 2026   Case Laws Income Tax
    Land-acquisition compensation remains outside income-tax withholding, enabling refund of tax deducted after prescribed compliance is completed.
    September 2, 2026   Case Laws Income Tax
    Retention of seized cash ends when the searched person's assessment closes, requiring release after tax adjustment.
    September 2, 2026   Case Laws Income Tax
    Leave-encashment exemption under the enhanced limit may be pursued through revised returns, with eligibility questions left open.
    September 2, 2026   Case Laws Income Tax
    Genuine charitable activities require a trust's own educational work, not merely rental income from leased school premises.
    September 2, 2026   Case Laws Income Tax
    Best judgment assessment requires rational, business-specific profit estimation; online share-trading addition was deleted for unsupported guesswork.
    September 2, 2026   Case Laws Income Tax
    Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
    September 2, 2026   Case Laws Income Tax
    External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
    September 2, 2026   Case Laws Income Tax
    Reassessment on fresh bogus-transaction information survives where original scrutiny omitted purchases and sales; income is estimated on gross profit.
    September 2, 2026   Case Laws Income Tax
    Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
    September 2, 2026   Case Laws Income Tax
    Section 263 limitation barred revision of software receipts assessment, which was independently upheld as non-erroneous royalty treatment.
    September 2, 2026   Case Laws Income Tax
    Section 80P deduction covers member-credit income and bank interest from surplus lending funds of Souharda Sahakaris.
    September 2, 2026   Case Laws Income Tax
    Commercial expediency supports interest deductions for strategic group investments, while sufficient interest-free funds defeat borrowing-cost disallo...
    September 2, 2026   Case Laws Income Tax
    Functional comparability excludes branded, high-end and outsourced providers from BPO transfer-pricing benchmarking, sustaining adjustment deletion.
    September 2, 2026   Case Laws Income Tax
    Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
    September 2, 2026   Case Laws Income Tax
    Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
    September 2, 2026   Case Laws Income Tax
    Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
    September 2, 2026   Case Laws Income Tax
    Cost of acquisition includes one-time developer charges directly linked to acquiring residential property and its enduring amenities.
    September 2, 2026   Case Laws Income Tax
    Beneficial treaty choice under section 90(2) permits capital-loss set-off and carry-forward despite India-Mauritius DTAA treatment.
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September 2, 2026   Case Laws Income Tax
Reassessment Notices Issued to Deceased Assessees Are Jurisdictionally Invalid and Require Proceedings Against Legal Representatives
September 2, 2026   Case Laws Income Tax
Penalty immunity for misreported income remains unavailable despite objections to notice, hearing, and decision delay.
September 2, 2026   Case Laws Income Tax
Land-acquisition compensation remains outside income-tax withholding, enabling refund of tax deducted after prescribed compliance is completed.
September 2, 2026   Case Laws Income Tax
Retention of seized cash ends when the searched person's assessment closes, requiring release after tax adjustment.
September 2, 2026   Case Laws Income Tax
Leave-encashment exemption under the enhanced limit may be pursued through revised returns, with eligibility questions left open.
September 2, 2026   Case Laws Income Tax
Genuine charitable activities require a trust's own educational work, not merely rental income from leased school premises.
September 2, 2026   Case Laws Income Tax
Best judgment assessment requires rational, business-specific profit estimation; online share-trading addition was deleted for unsupported guesswork.
September 2, 2026   Case Laws Income Tax
Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or renewal refusal.
September 2, 2026   Case Laws Income Tax
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudication.
September 2, 2026   Case Laws Income Tax
Reassessment on fresh bogus-transaction information survives where original scrutiny omitted purchases and sales; income is estimated on gross profit.
September 2, 2026   Case Laws Income Tax
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-reporting.
September 2, 2026   Case Laws Income Tax
Section 263 limitation barred revision of software receipts assessment, which was independently upheld as non-erroneous royalty treatment.
September 2, 2026   Case Laws Income Tax
Section 80P deduction covers member-credit income and bank interest from surplus lending funds of Souharda Sahakaris.
September 2, 2026   Case Laws Income Tax
Commercial expediency supports interest deductions for strategic group investments, while sufficient interest-free funds defeat borrowing-cost disallowances.
September 2, 2026   Case Laws Income Tax
Functional comparability excludes branded, high-end and outsourced providers from BPO transfer-pricing benchmarking, sustaining adjustment deletion.
September 2, 2026   Case Laws Income Tax
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded.
September 2, 2026   Case Laws Income Tax
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional interest fail.
September 2, 2026   Case Laws Income Tax
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expansion capacity.
September 2, 2026   Case Laws Income Tax
Cost of acquisition includes one-time developer charges directly linked to acquiring residential property and its enduring amenities.
September 2, 2026   Case Laws Income Tax
Beneficial treaty choice under section 90(2) permits capital-loss set-off and carry-forward despite India-Mauritius DTAA treatment.

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Home › Highlights › Insolvency and Bankruptcy › 2022 › December, 2022 › This
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Insolvency and Bankruptcy

Forfeiture of right to file reply of Corporate debtor -...

Corporate Debtor's Reply Forfeited; Rs. 1 Crore Loan Confirmed as Financial Debt Under IBC Section 5(8).

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Insolvency and Bankruptcy December 7, 2022 Case Laws AT
Forfeiture of right to file reply of Corporate debtor - Financial Debt or not - It is significant to mention that the Financial Creditor had not sought for enforcement of this promisory note and therefore, the question of it being stamped and the provisions of Indian Stamp Act, 1899 being applicable, does not arise in this case. The material on record evidences that the amount of Rs. 1 Crore disbursed to the Corporate Debtor has the essential ingredients of a Financial Debt as defined under Section 5(8) of the Code. - AT
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Acts Income Tax
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