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Archive: 11 November 2025

Posts in 11 November 2025

AO Must First Establish Legal Representative- Assessment on Deceased Invalid

November 11, 2025 156 Views 0 comment Print

ITAT Delhi set aside the income tax assessment for AY 2020-21 after the proprietor’s death, directing the Assessing Officer to decide afresh on the legal representative’s liability. The ruling emphasizes proper recognition of legal heirs in tax proceedings.

Section 80P Allowed Despite Late Return: ITAT Says 80AC Not Triggered for AY 2017-18

November 11, 2025 282 Views 0 comment Print

Tribunal remanded issue of unexplained cash deposits under Section 68 to Assessing Officer for fresh verification, citing lack of adequate opportunity and consideration of evidence by lower authorities.

Notional Rent on Unsold Stock Must Follow MRV-ITAT Mumbai Sends Issue Back to AO

November 11, 2025 372 Views 0 comment Print

Tribunal held that notional rent on unsold flats treated as stock-in-trade cannot be taxed under Income from House Property. The ruling clarifies that only actual rental income or sale proceeds are taxable, protecting developers from arbitrary assessments.

SC Orders Insurer to Pay First, Recover Later in Policy Violation Case

November 11, 2025 705 Views 0 comment Print

SC held that even with a breach of insurance policy terms, insurer must first pay accident compensation and can later recover it from vehicle owner under pay-and-recover principle.

Singapore entity not conduit, satisfies PPT test; Grants LTCG exemption: ITAT Mumbai

November 11, 2025 753 Views 0 comment Print

Tribunal held that tax authorities erred in invoking Article 24A to deny capital gains exemption under Article 13(4A) without first satisfying preconditions of economic substance. The decision underscores that anti-abuse provisions cannot override bona fide investments made before 2017.

Money Hates Desperation: The Calm Approach

November 11, 2025 411 Views 0 comment Print

Explore why money avoids fear-driven actions and flows toward clarity, confidence, and purpose, revealing how mindset shapes financial outcomes.

AO Cannot Ignore Correct DVO Valuation, ₹9.87 Cr Section 69B Addition Deleted

November 11, 2025 408 Views 0 comment Print

 Tribunal clarified that a DVO report, being an estimation, cannot form sole basis for additions under Section 69B. Without proof of actual extra expenditure by assessee, such additions are legally unsustainable.

Vehicle Detention under GST: Complete Guide to Appeal, Detention & Refund

November 11, 2025 2673 Views 4 comments Print

Summary of GST provisions on detention of goods and vehicles, e-way bill compliance, penalty, appeal, and refund procedures under Sections 68 and 129.

Administration Fee for IMEI Allocation Not Royalty Under India–US DTAA: ITAT Delhi

November 11, 2025 216 Views 0 comment Print

ITAT Delhi condoned a delay of over 1,000 days in filing an appeal, holding that the Covid-19 period stands excluded under the Supreme Court’s suo motu extension of limitation, allowing the assessee’s appeal to proceed.

Non-Payment Disputes Under GST: Can You Seek Relief Through Portal?

November 11, 2025 4059 Views 0 comment Print

Can the GST portal help recover unpaid invoices? Learn how ITC reversal rules under GST can pressure defaulters and what legal steps suppliers can take.

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