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Archive: 13 November 2025

Posts in 13 November 2025

Removal of movable assets at leased premises allowable as objection of ownership not raised during liquidation

November 13, 2025 405 Views 0 comment Print

NCLAT Delhi held that liquidator duly allowed to remove all the movable assets of the Corporate Debtor lying at the leased premises since appellant/lessor never raised any objection regarding ownership of assets either during CIRP or during liquidation proceeding.

Assessment Order Quashed for Ignoring Assessee’s Reply on Section 194Q TDS Issue

November 13, 2025 696 Views 0 comment Print

The Gujarat High Court set aside an assessment order passed without considering the taxpayer’s reply regarding TDS under Section 194Q. The Court held that the faceless unit generated the order before reviewing the submission, violating natural justice. The case was remanded for a fresh decision after due consideration of the reply.

Section 54 Deduction Eligible on Actual Investment, Not Ownership Share ITAT Mumbai

November 13, 2025 735 Views 0 comment Print

Tribunal held that deduction under Section 54 depends on amount actually invested in a new property and not on ownership proportion. Assessing Officer’s restriction to 50% due to joint ownership was set aside, confirming relief for assessee.

ITAT Bangalore Sets Aside Non-Speaking Order Passed Without Proper Notice to Assessee

November 13, 2025 414 Views 0 comment Print

The Tribunal accepted medical reasons for delay, found notice service defective, and set aside a non-speaking CIT(A) order for fresh adjudication under Section 250(6).

ITAT Bangalore Deletes ₹80 Lakh Addition Made for Non-Filing of Form 10 in Wrong Year

November 13, 2025 342 Views 0 comment Print

Tribunal ruled that disallowance for not filing Form 10 can only apply in the year of default, not later years of utilization. Addition of ₹80 lakh deleted.

ITAT Pune Remands Case for Failure to Decide Legal Ground under Section 147/148

November 13, 2025 393 Views 0 comment Print

The Tribunal held that CIT(A) must decide all grounds, including legality of reopening under Section 147/148. Order remanded for fresh adjudication under Section 250(6).

ITAT Bangalore Deletes Cash Deposit Addition: Gift & Savings Accepted as Source

November 13, 2025 678 Views 0 comment Print

ITAT ruled that ₹10 lakh deposit in demonetisation period, backed by gifts, savings, and sale of gold, cannot be treated as unexplained under section 69A.

Concessional rate benefit against Form ‘C’ to HSD denied as consumed for purpose other than mining

November 13, 2025 726 Views 0 comment Print

Bombay High Court held that the benefit of concessional rate on High Speed Diesel [HSD] against Form ‘C’ is not entitled since the usage of HSD is beyond specified purpose i.e. used beyond direct mining operations. Accordingly, writ disposed of.

Section 69A Addition Deleted: Reliance on Third-Party Data Insufficient

November 13, 2025 756 Views 0 comment Print

The appellate authority held that additions cannot be sustained solely on external information without independent verification. Bogus purchase claims under Section 69A were deleted.

TDS Deduction for Specified Senior Citizens (Section 194P)

November 13, 2025 12624 Views 1 comment Print

Section 194P provides tax deduction relief for senior citizens aged 75 years or more having only pension and interest income. Specified banks compute income, deduct tax, and exempt them from filing income tax returns.

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