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Archive: 27 November 2025

Posts in 27 November 2025

Section 44AD Claim Accepted, Entire Rs. 20.23 Lakh Addition Deleted

November 27, 2025 297 Views 0 comment Print

The Tribunal allowed the assessee’s claim under Section 44AD, recognizing the small kirana shop’s sales and deposits as genuine business income. Bank deposits corresponded with daily sales, and withdrawals matched purchase requirements, showing a consistent business pattern.

Delhi HC Orders Controlled Forensic Review of Advocate’s CPU Post GST Raid

November 27, 2025 3924 Views 0 comment Print

The Court allowed forensic examination of an advocate’s seized CPU under strict safeguards after a GST search raised concerns about attorney-client privilege. It directed limited access, mandated presence of IT experts, and prohibited coercive action pending further review.

Reassessment Quashed as Notice Uploaded After Limitation Due to Portal Glitch

November 27, 2025 396 Views 0 comment Print

The Court held that a reassessment notice generated on time but uploaded the next day is time-barred. Proceedings were set aside because despatch, not generation, determines the date of issuance.

Delhi HC Questions Customs Dept’s Power to Issue IGST SCN in Export Classification Dispute

November 27, 2025 387 Views 0 comment Print

The Court allowed a petitioner to file an appeal on classification of exported goods and sought clarification on which authority can issue SCNs under Customs and GST laws.

Maximum Marginal Rate Applied Because Trust Selected “AOP/BOI” in ITR

November 27, 2025 138 Views 0 comment Print

 ITAT held that discretionary trusts with unknown beneficiary shares must be taxed at the maximum marginal rate unless statutory exceptions apply, restoring the matter for verification.

Delay in GST Appeal Condoned Due to Advocate Illness & Short Hearing Notice

November 27, 2025 759 Views 0 comment Print

The Court set aside an appeal dismissal due to one-day notice for personal hearing. The petitioner will now have a proper hearing with at least a week’s notice.

Section 263 Revision Rejected as AO Took One of Two Possible Views

November 27, 2025 312 Views 0 comment Print

Court upheld Tribunal’s finding that Assessing Officer examined cash deposits and adopted a permissible view by treating them as sales. Since the issue had been enquired into and two views were possible, revision under Section 263 could not be justified.

Limitation Restored After COVID Exclusion Leads to Revival of Section 95 IBC Petitions

November 27, 2025 297 Views 0 comment Print

The ruling clarifies that the appellant’s remaining limitation period revived in full once the COVID-related exclusion ended. The tribunal found that the petitions filed in August 2022 fell within the recomputed timeline. The decision underscores that the 90-day rule applies only where the remaining limitation is shorter.

Allahabad HC Rejects GST Section 74 Action Due to Absence of Fraud or Suppression

November 27, 2025 549 Views 0 comment Print

The Court held that proceedings under Section 74 cannot be sustained without findings of fraud, misstatement, or suppression. The appellate order was modified and refund with interest was directed.

Kerala HC Upholds Motor Vehicle Status for Road-Adaptable Factory Machinery

November 27, 2025 315 Views 0 comment Print

The High Court held that forklifts and cranes with on/off-road capability fall within Section 2(28) and require compliance with registration and tax provisions. Machinery designed for off-highway use but capable of road travel cannot claim exemption.

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