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Bombay High Court Allows Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Assessment Year 1990-91. Reassessment Based on Change of Opinion Without Fresh Material is Invalid and Section 45(4) Does Not Apply to Distribution of Assets on Retirement of Partner.

The petitioner, a partnership firm, challenged a notice under Section 148 of the Income Tax Act, 1961 dated 21st July 2003 seeking to reopen the asses...

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Bombay High Court Allows Writ Petitions Challenging GST Detention Orders for Lack of Proper Adjudication. Detention orders under Section 129 of the Maharashtra Goods and Services Tax Act, 2017 quashed for violating natural justice as no opportunity of hearing was given and orders were unreasoned.

The petitioner, Bharat Co Operative Bank Mumbai Ltd, filed two writ petitions challenging detention orders passed by the Deputy Commissioner of State ...

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Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

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Bombay High Court Allows Rejection of Plaint Against Directors in Commercial Suit -- No Cause of Action Against Nominee Director and Other Directors -- Corporate Personality Principle Upheld

The Bombay High Court allowed Notices of Motion filed by Defendant Nos. 3 to 8 seeking rejection of the Plaint -- The Plaintiff had sued Defendants an...

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NCLAT Reserves Orders and Judgment in Insolvency Appeals — Interim Order to Continue. The Tribunal heard submissions and reserved judgment in two company appeals under the Insolvency and Bankruptcy Code, 2016, directing continuation of interim order until judgment delivery.

This is an order of the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, dated 28.03.2025, in I.A. No. 1083 of 2025 in Com...

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NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...

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NCLAT Allows Appeal Against NCLT Order Rejecting Resolution Professional's Fee Claim, Directs Reconsideration on Merits. The NCLAT held that the NCLT's order was in violation of natural justice as the RP was not heard before the order was passed, and remanded the matter for fresh consideration.

The case involves an appeal by Mathioli N, the Resolution Professional (RP) of MQ Networks Private Limited, against an order dated 07.07.2025 passed b...

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NCLAT Dismisses Appeal Against NCLT Order in IBC Case for Lack of Reasons — Appellant Failed to Show Prejudice from Impugned Order. The appeal under Section 61 of IBC was dismissed as the appellant did not demonstrate any prejudice caused by the non-speaking order.

The appellant, Dr. Yartagadda Krishna Mohan, filed a Company Appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 before the National C...