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Archive: 15 November 2025

Posts in 15 November 2025

Think Differently: Notices/SCN Issued Without Officer Signatures Under GST

November 15, 2025 795 Views 0 comment Print

Courts ruled that GST notices lacking digital signatures violate Rule 26(3) and are void ab initio. The key takeaway: authentication is non-negotiable, and such defects cannot be cured under Section 160.

ITAT Delhi Confirms Deletion: ₹1.90 Cr Was a Loan Given, Not Accommodation Entry Received

November 15, 2025 273 Views 0 comment Print

The AO reopened the assessment relying on external investigation without verifying facts, misclassifying the advance as unexplained income. Tribunal dismissed Revenue appeal and confirmed CIT(A) order.

PF/ESI 36(1)(va) Disallowance under 143(1) Set Aside – ITAT Remands Matter to AO After Accepting Revised Tax Audit Report

November 15, 2025 648 Views 0 comment Print

ITAT Delhi allowed the appeal after noting the CIT(A) ignored a revised Tax Audit Report proving timely PF/ESI payments. Key takeaway: revised audit reports must be considered before confirming disallowances under Section 36(1)(va).

Assessment Remand Without Deciding Validity Objections Declared Improper

November 15, 2025 414 Views 0 comment Print

ITAT Delhi restored the appeal to CIT(A) after the assessee challenged notice issuance beyond limitation and under wrong section. Key takeaway: adherence to correct procedure is crucial in income tax assessments.

ITAT Upholds 40A(3) Despite Genuine Purchases- Cash Payments on Working Days Hit by 40A(3)

November 15, 2025 654 Views 0 comment Print

Disallowances under Section 40A(3) were challenged as cash payments were made on holidays and for labor. Tribunal directs reassessment considering business exigency and genuine transactions.

TDS Credit on Part Payment Allowed Despite Prior Taxation

November 15, 2025 357 Views 0 comment Print

Despite CIT(A) noting missing ITRs, Tribunal allowed TDS credit on the Rs. 1 crore part payment. Decision reinforces that TDS on income already taxed must be recognized and credited.

Late filing of audit report doesn’t disentitle trust from benefit of exemption u/s. 11

November 15, 2025 1494 Views 0 comment Print

ITAT Pune held that late filing of audit report cannot disentitle trust from availing benefit of section 11 of the Income Tax Act. Accordingly, order of CIT(A) allowing claim of exemption u/s. 11 upheld and appeal of revenue dismissed.

Appeal Against Section 143(1) Intimation Not Barred by Regular Assessment

November 15, 2025 462 Views 0 comment Print

The Tribunal ruled that when a 143(3) assessment merely adopts 143(1) figures without examining adjustments, taxpayers can still appeal the 143(1) intimation. Key takeaway: merger does not automatically block appeals.

ITAT Delhi Cuts Bogus Purchase Addition to 15% & Upholds 153C Jurisdiction  

November 15, 2025 990 Views 0 comment Print

ITAT modified CIT(A)’s 20% addition on alleged bogus purchases to 15%, considering actual sales and material usage. The ruling ensures only profit embedded in disputed purchases is taxed.

Unaccounted commission addition without corroborative evidence is not sustainable

November 15, 2025 414 Views 0 comment Print

ITAT Jaipur held that addition towards unaccounted commission based on seized digital sheet without corroborative evidence is not sustainable. Accordingly, addition is deleted and said ground raised by assessee is allowed.

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