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Archive: 22 October 2025

Posts in 22 October 2025

Section 148A Notices Quashed in Share Transfer Case; AO Directed to Reassess After Verification

October 22, 2025 255 Views 0 comment Print

Delhi High Court set aside the Section 148A(3) order for non-resident Ferra Engineering and remanded the case to the AO for fresh consideration on a capital gains transaction.

Frozen Bank Account Does Not Waive Mandatory Pre-Deposit Under Section 129E of Customs Act

October 22, 2025 297 Views 0 comment Print

Madras High Court in R.R. Overseas vs. Commissioner of Customs affirmed that the mandatory 7.5% pre-deposit under Section 129E of the Customs Act cannot be waived solely because an appellant’s bank account has been frozen by the department. The court directed the appellant to make deposit to revive their customs appeal.

ITAT Allahabad Condones 440-Day Delay in Appeal Due to Advocate’s Negligence

October 22, 2025 336 Views 0 comment Print

Tribunal held that an assessee cannot be penalized for delay caused by professional negligence of counsel, following Supreme Court precedent in Rafiq v. Munshilal, and remanded the case for verification of double addition due to audit reporting error.

Assessment on Dissolved Firm Valid if AO Uninformed: ITAT Ahmedabad

October 22, 2025 198 Views 0 comment Print

The ITAT Ahmedabad rules that an assessment framed on a dissolved firm is not automatically void if the Assessing Officer (AO) was not notified of the dissolution. The case, Krishna Enterprise Vs ITO, involved a firm dissolved in 2016, a subsequent ex-parte assessment, and issues of non-compliance and alleged double taxation, leading to the matter being restored for re-adjudication.

10% Safe Harbour Limit for Property Valuation Applies Retrospectively: ITAT Mumbai

October 22, 2025 438 Views 0 comment Print

The ITAT Mumbai ruled in ACIT Vs Deluxe Recycling India Private Limited that the increase in the safe harbour limit from 5% to 10% for the difference between stamp duty value and actual consideration under Section 56(2)(x) is curative and retrospective. The Tribunal dismissed the Revenue’s appeal, deleting an addition, and restored the issues of depreciation and rent disallowance to the Assessing Officer for de novo verification.

ITAT Quashes Dual Additions for Unexplained Funds Citing Sale of Shares & Verified Loans

October 22, 2025 180 Views 0 comment Print

Finding that ₹5.60 crore in investments and ₹5.76 crore in loans were funded through traceable, documented sources, the ITAT deleted both additions. The judgment reinforces that assessments must rely on verified financial evidence.

Contractor’s Plea for Waiver of GST Interest Rejected: Allahabad HC Upholds Assessment Route

October 22, 2025 453 Views 0 comment Print

Allahabad High Court disposes of Shree Dev Builders’ petition seeking waiver of GST interest and penalty, directing compliance with assessment and appellate remedies.

ITAT Restores Rs. 1.86 Cr Addition for Fresh Review, Citing CIT(A)’s Unreasoned Order

October 22, 2025 405 Views 0 comment Print

ITAT Kolkata sets aside ₹1.86 Cr tax addition, ruling that CIT(A) must pass a reasoned order on merits and cannot merely uphold the AO’s view or dismiss an appeal for non-compliance.

Delay in Form 10B Filing Due to Accountant’s Oversight: Bombay HC Allows Condonation

October 22, 2025 762 Views 0 comment Print

Summary of the Bombay High Court judgment where a charitable trust’s oversight in e-verifying its Form 10B was considered a human error and the delay was condoned, securing its Section 11 income tax exemption for A.Y. 2017-18.

Retaining Cash for Years Not Suspicious When Source Proven: ITAT Deletes Addition

October 22, 2025 531 Views 0 comment Print

ITAT Pune deletes ₹14 lakh cash deposit addition during demonetization, ruling that retaining cash from duly accounted sources for a long period is not grounds for suspicion.

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