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Archive: 04 November 2025

Posts in 04 November 2025

Fraud on Self No Ground to Resist ₹1087 Cr Arbitral Award: SC

November 4, 2025 3468 Views 0 comment Print

The Supreme Court dismissed the appeal against the execution of a ₹1,087 crore arbitral award, ruling that a company’s allegation of fraud committed by its own officers (fraud on self) is not grounds to nullify a final award. The ruling restricts the scope of objections under Section 47 CPC to fraud vitiating the arbitral process itself, not internal corporate misconduct.

Bank Passbook Not ‘Book of Account’; Section 68 Addition Invalid, Rules ITAT

November 4, 2025 549 Views 0 comment Print

AO made an addition based on difference between stamp value and purchase price without referring matter to a Valuation Officer despite assessee’s objection. ITAT held this omission violated Section 56(2)(x) and principles of natural justice. It observed that assessee’s registered valuer report showing a lower market value was ignored. Consequently, addition was quashed.

₹32 Lakh Cash Addition Confirmed as M-Pesa “Conduit” Claim Lacked Proof

November 4, 2025 252 Views 0 comment Print

The ITAT confirmed the unexplained cash deposit addition of ₹32.22 lakh after dismissing the Assessee’s casual adjournment request and hearing the appeal ex-parte. The Tribunal found no reason to interfere with the lower authorities’ finding that the Assessee’s M-Pesa conduit claim was unsubstantiated by evidence.

Reassessment Invalid for Change of Opinion on 54F Claim – ITAT Quashes ₹1.63 Cr LTCG Addition

November 4, 2025 249 Views 0 comment Print

Hyderabad ITAT found reassessment unsustainable where 54F exemption was already examined in earlier scrutiny. As no new evidence emerged, reassessment under Section 147 was declared void.

Ex-Parte Appeal Order Set Aside After Assessee Learns of Ruling via Penalty Notice

November 4, 2025 411 Views 0 comment Print

The Tribunal set aside the CIT(A)’s ex-parte order, emphasizing that the Assessee deserved a proper opportunity to argue their case on merits despite missing the final notices.1 The matter was sent back to the lower authority for a fresh decision, with the Assessee directed to cooperate fully.

ITAT Voids NFAC Order Passed Against Deceased Taxpayer Without Hearing Legal Heir

November 4, 2025 270 Views 0 comment Print

The ITAT set aside the CIT(A)’s order because it was passed against an Assessee who had already expired, which rendered the order null and void. The Tribunal condoned the 193-day delay and remanded the case back to the CIT(A) for fresh adjudication after substituting the legal representative.

Influence of Indian Tax Laws on Determination of Fees in Religious Institutions

November 4, 2025 510 Views 0 comment Print

This analysis examines how Indian tax laws (Income Tax Act S. 11, 13 affect fee determination and tax-exempt status of religious bodies. It explores the constitutional tension between religious freedom (Arts. 25-28) and state regulation of commercial activities.

ITAT Remands Case 1% Commission on ₹44.5 Cr Conduit Deals for Fresh Verification

November 4, 2025 207 Views 0 comment Print

The ITAT Delhi set aside an addition of Rs.44.50 lakh, alleged as commission income on fund routing transactions, due to the CIT(A)’s failure to pass a speaking order. The Tribunal remanded the case to the AO for a fresh, de novo assessment to verify documents and provide reasoned findings, ensuring compliance with natural justice.

Cash Deposit before Demonetisation – Addition Deleted as Basis of Assessment Found Faulty

November 4, 2025 330 Views 0 comment Print

The Tribunal reversed the lower authorities’ action of treating the ₹2.55 lakh returned income as under-reported, as the return was filed in response to a Section 142(1) notice issued before the statutory due date. The Tribunal also allowed the appeal by deleting the addition made on cash deposits.1

Fake Loans & Cash Deals Unmasked: Tribunal Upholds ₹5.5 Cr Attachment in Coal Levy Bribe Case

November 4, 2025 327 Views 0 comment Print

The Appellate Tribunal dismissed the appeals, confirming the attachment of ₹5.5 crore in assets belonging to an IAS officer’s family, ruling that the properties were acquired using laundered bribe money from the coal levy scam. Citing the Supreme Court’s precedent, the Tribunal held that even pre-offence assets can be attached as value-equivalent proceeds of crime under PMLA.

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