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Archive: 08 December 2025

Posts in 08 December 2025

Section 148 notice issued by a JAO instead of FAO is without jurisdiction: ITAT Chandigarh

December 8, 2025 1059 Views 0 comment Print

The ITAT concluded that non-compliance with faceless procedure under Section 151A renders Section 148 notices invalid, nullifying both substantive and protective additions.

No Interference in ITC Fraud Order; Only Appeal Permitted not Writ: SC

December 8, 2025 348 Views 0 comment Print

Courts held that allegations of large-scale fraudulent ITC require factual adjudication and are unsuitable for writ jurisdiction, directing the petitioner to pursue the statutory appeal. The Supreme Court refused intervention but extended time to file the appeal.

No Incriminating Evidence, No Addition: ITAT Deletes Jewellery Charges

December 8, 2025 255 Views 0 comment Print

The Tribunal held that additions must be supported by actual evidence, not mere surmise from third-party statements. The assessee’s invoices and valuer reports disproved alleged cash payments, leading to complete deletion of additions.

Bank Held Liable as SC Finds No Customer Negligence in Fraudulent Transactions

December 8, 2025 462 Views 0 comment Print

State Bank of India Vs Pallabh Bhowmick & Ors (Supreme Court of India) In this case, the Supreme Court upheld the High Court’s finding that a series of online transactions carried out on 18.10.2021 from the customer’s bank account were entirely unauthorized and fraudulent, and that no negligence on the part of the account holder […]

VAT-Era Security Deposits Must Be Refunded After GST Regime: Tripura HC

December 8, 2025 330 Views 0 comment Print

The Court held that penalty proceedings issued six to nine years late under the repealed VAT law were unreasonable and without jurisdiction. It ruled that powers must be exercised within a reasonable timeframe and quashed all notices and orders.

Section 11 exemption cannot be denied solely for delayed Form 10B uploading

December 8, 2025 468 Views 0 comment Print

The Tribunal held that exemption under section 11 cannot be denied solely for delayed uploading of Form 10B, treating the lapse as procedural and directing allowance of exemption.

CSR Penalties Rise: Why Non-Compliance Under Section 135 Proves Costly

December 8, 2025 13884 Views 0 comment Print

Explains the strict consequences for failing to meet CSR spending and transfer obligations under Section 135. Highlights how penalties are imposed and the key compliance takeaway for companies.

ITAT Rejects AO’s Demand for Third-Party Documents; Section 68 Addition Deleted

December 8, 2025 201 Views 0 comment Print

The Tribunal observed that identity, creditworthiness, and genuineness were proven through confirmations, returns, and banking trails, and the AO failed to conduct enquiries under Sections 133(6) or 131. It also held that the ₹6.45 lakh loan difference belonged to past years, making the entire ₹22.45 lakh addition unsustainable.

Reassessment post full and true disclosure results into mere change of opinion hence not sustained

December 8, 2025 189 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act is mere change of opinion since there is no failure on part of assessee as to full and true disclosure. Accordingly, reassessment is liable to be quashed and set aside.

Delhi HC Denies Condonation of Nine-Month Delay in Revised ITR Filing

December 8, 2025 954 Views 0 comment Print

The Delhi High Court rejected an application seeking condonation of a nine-month delay in filing a revised ITR, holding that no sufficient cause or genuine hardship was established. The original ITR had been filed on time, and the delay was deemed excessive.

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