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Archive: 19 July 2025

Posts in 19 July 2025

ITAT Condoned Delay, Allows Rectification of Procedural Error in 12AB Registration

July 19, 2025 738 Views 0 comment Print

ITAT Visakhapatnam condones delay, allows Britg Foundation to rectify procedural error in 12AB registration application, emphasizing substantive rights over technical lapses.

Section 148 Notice Issued After 31.03.2022 Held Invalid: ITAT Visakhapatnam

July 19, 2025 1461 Views 0 comment Print

ITAT Visakhapatnam quashes reassessment for AY 2015-16, holding Section 148 notice issued after 31.03.2022 as time-barred and beyond jurisdiction.

Change of opinion cannot be basis for reassessment proceedings u/s. 148: Madras HC

July 19, 2025 564 Views 0 comment Print

Madras High Court held that reassessment proceedings under section 148 of the Income Tax Act initiated on the basis of change of opinion is invalid. Accordingly, appeal of revenue dismissed and substantial questions of law is answered in favour of assessee.

Reassessment notice issued by non-jurisdictional AO is bad-in-law

July 19, 2025 1266 Views 0 comment Print

ITAT Jaipur held that reassessment notice under section 148 of the Income Tax Act issued by the Assessing Officer [AO], having no jurisdiction, is invalid. Accordingly, assessment order and consequent proceeding are also invalid.

Protection against clutches of 69A not available by mere disclosing and paying tax

July 19, 2025 402 Views 0 comment Print

ITAT Ahmedabad held that provisions of section 69A r.w.s. 115BBE of the Income Tax Act gets applicable as source of undisclosed income admitted during the course of survey not explained. Merely disclosing and paying tax doesn’t protect assessee from clutches of section 69A.

Adoption of Percentage Completion Method not justified as Project Completion Method accepted in earlier years

July 19, 2025 1374 Views 0 comment Print

ITAT Ahmedabad held that addition by adopting Percentage Completion Method cannot be sustained as department already accepted Project Completion Method in earlier years. Accordingly, appeal allowed and addition set aside.

Deduction u/s. 80P(2)(d) towards interest from co-operative bank allowed: Gujarat HC

July 19, 2025 609 Views 0 comment Print

Gujarat High Court held that interest from co-operative bank is eligible for deduction under section 80P(2)(d) of the Income Tax Act as Cooperative bank is a Cooperative society registered under the Gujarat State Cooperative Societies Act. Accordingly, appeal of revenue dismissed.

Refund of anti-dumping duty when paid by mistake in self-assessment as it lacks legal character of ‘duty’

July 19, 2025 546 Views 0 comment Print

Assessee had added the amount of Anti-dumping duty while self-assessing the customs duty liability  which could not take the character of duty, therefore, the amount should not have been retained and was refundable.

No penalty u/s 271(1)(c) as ALP recomputed by TPO was invalid as assesee followed prescribed method (TNMM) u/s 92C

July 19, 2025 354 Views 0 comment Print

Penalty under section 271(1)(c) was not to be levied as Explanation 7 to section 271(1)(c), which specifically governs penalty in transfer pricing cases, was neither invoked during the initiation nor discussed while levying the penalty and  neither TPO nor CIT(A) ever held that the ALP was computed outside the statutory provisions, or that the study report lacked diligence or was not prepared in good faith.

Manual Excise Return Valid for GST Credit Transfer: Gujarat HC

July 19, 2025 552 Views 0 comment Print

Gujarat High Court rules manual excise returns valid for CENVAT credit transition to GST, citing technical glitches; protects taxpayer’s vested rights.

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