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Archive: 06 November 2025

Posts in 06 November 2025

No Need for Incoem Tax Case Transfer When Assessment Already Completed: Bombay HC

November 6, 2025 351 Views 0 comment Print

Bombay High Court ruled that transferring a taxpayer’s case is unnecessary when assessment for relevant year has already been finalized, quashing earlier impugned order.

Non-granting of personal hearing is against principles of natural justice

November 6, 2025 414 Views 0 comment Print

Gujarat High Court held that non-granting of personal hearing in spite of being requested is clear violation and breach of principles of natural justice. Accordingly, order quashed and remanded to AO for fresh de novo order.

Voluntary Survey Disclosures Do Not Attract Section 115BBE: ITAT Jaipur

November 6, 2025 477 Views 0 comment Print

ITAT Jaipur held that Rs. 8.9 lakh surrendered during a survey and included in books as business income cannot be taxed under section 69C or 115BBE of Income Tax Act.

Subsequent SC Ruling Not Ground for Section 254(2) ITAT Rectification: Bombay HC

November 6, 2025 771 Views 0 comment Print

The High Court held that a later Supreme Court judgment cannot justify invoking Section 254(2) to modify an ITAT order passed according to the prevailing law.

CIRP application u/s. 7 of IBC within 3 years of ‘Promise to Pay’ permissible

November 6, 2025 336 Views 0 comment Print

NCLAT Delhi held that initiation of Corporate Insolvency Resolution Process by admitting application u/s. 7 justifiable since application duly filed within 3 years of ‘Promise to Pay’ under section 25(3) of the Indian Contract Act, 1872. Accordingly, appeal dismissed.

PCIT rightly invoked revision u/s. 263 as trade scheme payment not verified accurately

November 6, 2025 264 Views 0 comment Print

ITAT Delhi held that trade scheme payment to sales promoters whether pure reimbursement or not needs proper verification and since AO granted relief without proper verification and application of mind, PCIT rightly invoked revisionary proceedings u/s. 263.

Bogus Purchase Additions Restricted to Profit Margin: Bombay HC Ruling

November 6, 2025 1032 Views 0 comment Print

The Bombay High Court held that when sales are accepted, entire bogus purchases cannot be added; only profit difference is taxable in the case of traders.

Proper Disclosure & Legitimate Source Bar Black Money Assessment of Foreign Investments

November 6, 2025 492 Views 0 comment Print

ITAT Kolkata held that investments in foreign life insurance policies were made from legitimate non-resident income and inherited sources. Addition of Rs. 1.08 crore under Black Money Act was deleted.

Writ not entertained due to alternative efficacious remedy u/s. 107 of GST Act

November 6, 2025 237 Views 0 comment Print

Gujarat High Court held that order passed in GST MOV-11 is appealable before appellate authority as per provision of section 107 of the Central Goods and Services Tax Act [GST Act]. Accordingly, petitioner not entertained in view of the alternative efficacious remedy available to the petitioner.

ITAT Mumbai Quashes Black Money Addition on Inherited Funds

November 6, 2025 705 Views 0 comment Print

ITAT Mumbai held that USD 2.41 lakh deposits in Jersey bank accounts were inherited from the assessee’s parents and not undisclosed foreign income, setting aside the CIT(A)’s addition under the Black Money (Undisclosed Foreign Income and Assets) Act.

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