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Archive: 06 November 2025

Posts in 06 November 2025

Entire ALV Cannot Be Assessed on Partially Let Out Property: ITAT Delhi

November 6, 2025 624 Views 0 comment Print

ITAT Delhi directed the AO to compute Annual Letting Value (ALV) only for the portion of the house property actually rented out (third/fourth floors). Taxing the entire property based on assumptions, ignoring the owner’s self-occupation, was held to be unjustified.

“ITAT Kolkata Quashes Reopening for AY 2015-16: TOLA Extension Not Applicable

November 6, 2025 555 Views 0 comment Print

 ITAT Kolkata quashed the reopening for AY 2015-16, following the Supreme Court’s Rajeev Bansal ruling. The Tribunal held that the benefit of the extended limitation under TOLA was unavailable after 01.04.2021 for this assessment year.

Section 498A Misuse: Delhi HC Quashes FIR against Distant Relatives in Dowry Case

November 6, 2025 690 Views 0 comment Print

Delhi High Court notes a trend of false implication of husband’s distant relatives in dowry cases. HC quashed FIR against petitioners, holding that general interference does not constitute cruelty under Section 498A IPC.

Notice u/s 143(2) Not in Prescribed Format Held Invalid and Void Ab Initio: ITAT Kolkata

November 6, 2025 1296 Views 0 comment Print

ITAT Kolkata invalidated the assessment under Section 143(3), ruling that the foundational notice under Section 143(2) was void ab initio for failing to comply with the mandatory CBDT prescribed format. CBDT instructions issued under Section 119 are binding on the department.

Late Filing of Form 10B/10BB Not Fatal: ITAT Kolkata Grants Trust Exemption

November 6, 2025 1155 Views 0 comment Print

ITAT Kolkata ruled that a charitable trust’s exemption under Section 11/10(23C) cannot be denied for technical lapse of belatedly filing Form 10B/10BB. Audit report was available when return was processed.

Bona Fide Purchasers Entitled to ITC Despite Seller Default: SC Judgment & GST

November 6, 2025 8298 Views 2 comments Print

SC ruled a bona fide buyer cannot be denied ITC under DVAT Act if seller defaults on depositing tax. The remedy is against defaulting seller, protecting compliant taxpayers.

TDS on Composing Charges Deductible Under Section 194C, Not 194J: ITAT Kolkata

November 6, 2025 675 Views 0 comment Print

ITAT Kolkata ruled that payments for composing and DTP work are contractual, not technical services, and thus taxable under Section 194C, not Section 194J of Income Tax Act.

Buyer Not Liable for Supplier’s Post-Sale GST Deregistration: Allahabad HC

November 6, 2025 2217 Views 0 comment Print

Allahabad High Court quashed GST orders under Section 74, holding that ITC cannot be denied when purchases were made from a registered dealer whose GST registration was later cancelled.

Bogus LTCG on Penny Stock: ITAT Ahmedabad Upholds Addition

November 6, 2025 4506 Views 0 comment Print

ITAT Ahmedabad upheld adding Long-Term Capital Gain (LTCG) as unexplained income under Section 68. The Tribunal ruled that the genuineness of penny stock transactions must be judged by the test of human probabilities.

Cash Kept by Father Not a Loan or Deposit – ITAT Deletes ₹20 Lakh Penalty

November 6, 2025 795 Views 0 comment Print

ITAT Chandigarh deleted a Rs.20 lakh penalty levied under Section 271D for a cash deposit violating Section 269SS. The Tribunal ruled the deposit was a temporary parking of funds by the father for security, not a loan or deposit.

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