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Archive: 21 November 2025

Posts in 21 November 2025

P&H HC Sets Aside Income Tax Attachment as Legal Heir’s Liability Limited Only to Inherited Assets

November 21, 2025 528 Views 0 comment Print

Court held that a legal representative’s liability is limited to inherited assets and set aside attachment because no evidence showed petitioner inherited property from firm’s partners.

Gujarat HC Sets Aside Order for Ignoring CBDT Rule on ‘Obtaining’ Form 10B Before Return Filing

November 21, 2025 819 Views 0 comment Print

The authority’s rejection was held unsustainable because it relied on an incorrect interpretation of the circular governing delayed Form 10B filings. The Court granted relief to the petitioner.

ITAT Mumbai Upheld MAT Liability Despite Prior SICA Status Due to Positive Net Worth

November 21, 2025 267 Views 0 comment Print

The Tribunal held that MAT relief under section 115JB cannot continue once a company’s net worth becomes positive, as the scheme required only consideration—not automatic grant—of exemption.

Allahabad HC Set Aside GST Confiscation Proceedings for Wrongful Invocation of Section 130

November 21, 2025 525 Views 0 comment Print

The Court found that authorities incorrectly initiated Section 130 action based on survey findings, reaffirming that excess stock cases must follow the mechanism in Sections 73/74.

Section 130 proceedings cannot be invoked for excess stock found during survey: Allahabad HC

November 21, 2025 675 Views 0 comment Print

The Court held that proceedings under Section 130 could not be invoked for excess stock found during survey. Orders were set aside and refund directed.

Allahabad HC Quashes GST Penalty as Missing E-Way Bill Part-B Found Non-Evasive

November 21, 2025 888 Views 0 comment Print

The Court held that failure to fill Part B of the e-way bill, caused by a technical error, did not indicate tax evasion. The penalty under Section 129(3) was set aside due to lack of findings on evasion intent.

HC Quashes GST Orders for Non-Compliance with Circular on GSTR-3B vs GSTR-2A Mismatch

November 21, 2025 750 Views 0 comment Print

The Court quashed the adjudication and appellate orders after finding that the prescribed Circular on GSTR-3B and GSTR-2A discrepancies was not followed. The matter was remanded for fresh consideration.

Cash Deposit Linked to Property Sale: ITAT Sends Matter Back for Fresh Examination

November 21, 2025 441 Views 0 comment Print

The Tribunal set aside the ex parte confirmation of a cash-deposit addition and directed fresh examination after the assessee produced sale-related documents. The key takeaway is that additions under section 69 require proper verification of evidence.

ITAT Orders Fresh Verification After Lack of Evidence on Loan Creditworthiness

November 21, 2025 306 Views 0 comment Print

The ruling directs re-examination of three loan transactions after new evidence was produced for the first time. The loan from one creditor was accepted and the related addition deleted.

ITAT Allows Civil, Plumbing & Electrical Costs as Acquisition Cost; Disallows Unrelated Travel Expenses

November 21, 2025 480 Views 0 comment Print

Tribunal held that civil, plumbing and electrical charges paid to builder formed part of the acquisition cost and allowed claim. It held that embedded fixtures qualify for deduction, while travel expenses unrelated to transfer do not.

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