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Archive: 01 December 2025

Posts in 01 December 2025

Join 2 Day Live Practical GSTAT Appeal Workshop

December 6, 2025 11499 Views 0 comment Print

A practical two-day GSTAT workshop equips professionals with drafting, presentation, and procedural skills to excel in GST appellate practice.

Reopening Dies Twice: ITAT Hyderabad Quashes 148 Notice for Limitation Wrong Approval

December 1, 2025 708 Views 0 comment Print

The Tribunal held that the reassessment was issued 45 days beyond the maximum permissible period under Rajeev Bansal (SC), making the 148 notice invalid. Applying the deemed-notice framework of Ashish Agarwal, it ruled that the AO had “zero surviving days” to act. The reassessment was quashed for being issued after the statutory outer limit.

Assessment Quashed for Being Passed Without Awaiting DVO Report—Violation of Section 50C(2)

December 1, 2025 528 Views 0 comment Print

The Tribunal invalidated an assessment passed without awaiting the Departmental Valuation Officer report, holding that provisional assessments violate section 50C(2) and 143(3). The rectification under section 154 based on later material was also impermissible.

ITAT Rajkot: Wrong Sanction & Late 148 Notice Void Reassessment

December 1, 2025 336 Views 0 comment Print

Reassessment notice issued beyond statutory time limit under Section 148 was invalid; Tribunal quashed proceedings for A.Y. 2013-14, emphasizing procedural compliance.

Section 263 Upheld as AO Failed to Verify TDS Rates & Delayed PF/ESI Payments

December 1, 2025 222 Views 0 comment Print

The Tribunal held that the original assessment was not erroneous or prejudicial except for TDS verification and PF/ESI disallowance. The assessee’s claim under Section 10AA was rejected. Compliance with statutory deductions is critical for valid assessments.

GST Paid Due to Supplier Default Allowable as Business Expense: ITAT Chandigarh

December 1, 2025 570 Views 0 comment Print

The Tribunal upheld CIT(A)’s order, confirming deletion of additions related to unexplained creditors, GST, bogus purchases, and purchase differences. Proper reconciliation and supporting documents established genuineness, highlighting the importance of maintaining accurate records.

Nominal & Associate Members Do Not Invalidate Section 80P Deductions: ITAT Panaji

December 1, 2025 417 Views 0 comment Print

Tribunal rules that Souharda societies registered under state law qualify as cooperative societies under section 2(19), allowing 80P(2)(a)(i) and 80P(2)(d) deductions. Revenue’s appeal dismissed.

Section 263 Set Aside as AO’s View on Repairs Was Plausible and Not Prejudicial to Revenue

December 1, 2025 132 Views 0 comment Print

ITAT Pune held that the Section 263 revision was unsustainable as the AO conducted adequate scrutiny and expenses were recovered from associated enterprises. Expenditure classification did not make the assessment prejudicial to revenue.

Portal Date vs Notice Date: ITAT Orders Fresh Hearing on Legality of Reassessment Notice

December 1, 2025 207 Views 0 comment Print

The Tribunal found that the Section 148 notice appeared on the portal after 31.03.2021, raising doubts about its validity. The matter was restored to CIT(A)/NFAC for fresh consideration, allowing the assessee to submit explanations. The ruling underscores strict compliance with notice issuance requirements under Section 148.

Typo Can’t Create a Bogus Creditor: ITAT Deletes Rs. 2.02 Cr Addition

December 1, 2025 369 Views 0 comment Print

Receipt and repayment of Rs. 2.02 crore via proper banking channels establishes genuineness of the transaction; Section 68 addition was deleted despite non-materialisation of business.

Covid & Wrong Advice Justify Delay: ITAT Calls for De-Novo Hearing on 153A Assessment

December 1, 2025 123 Views 0 comment Print

The Tribunal condoned an 868-day delay arising from wrong professional advice and Covid-related extensions, holding that the assessee showed sufficient cause. It ruled that the 50C addition under Section 153A lacked incriminating material and directed a full de-novo review.

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