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Archive: 09 December 2025

Posts in 09 December 2025

Interest From Co-op Banks Counts as Business Income: Section 80P Deduction Granted

December 9, 2025 990 Views 0 comment Print

The Tribunal ruled that interest from co-operative bank deposits is attributable to business activity and eligible for deduction under Section 80P(2)(a)(i). The disallowance of ₹8.98 lakh was ordered to be deleted.

Reopening Quashed- JAO’s 148 After 29.03.2022 Invalid – Faceless Scheme is Mandatory

December 9, 2025 450 Views 0 comment Print

ITAT Chennai held that a Section 148 notice issued by JAO after 29.03.2022 is invalid, as the faceless assessment scheme is mandatory, nullifying the reassessment order.

Survey Disclosure Treated as Business Income – No Scope for Section 68 Addition

December 9, 2025 339 Views 0 comment Print

ITAT Kolkata ruled that cash advances discovered during a survey must be assessed as business income, not unexplained cash credit under Section 68, making the exercise tax-neutral.

Documentary Trail Wins- Suspicion Cannot Replace Evidence: Penny-Stock Addition Deleted

December 9, 2025 1512 Views 0 comment Print

ITAT Mumbai ruled that detailed records, including Demat statements and contract notes, proved the genuineness of penny-stock transactions, nullifying additions under Sections 68 and 69C.

Technical Glitch Not Fatal – ITAT Allows 115BAA Despite Late Form 10-IC

December 9, 2025 267 Views 0 comment Print

ITAT Surat allowed a company to avail concessional tax rates under Section 115BAA despite a minor delay in filing Form 10-IC due to portal issues, emphasizing a practical approach.

JAO-Issued Section 148 Notice Invalid: ITAT Chennai Quashes Reassessment

December 9, 2025 414 Views 0 comment Print

Chennai ITAT ruled that a 148 notice issued by JAO post-CBDT faceless scheme notification is invalid, quashing reassessment and penalty. The tribunal confirmed that only notices issued by the Faceless Assessment Unit are legally valid.

Section 148 Notice By JAO Post-Faceless Scheme Vitiates Reassessment

December 9, 2025 729 Views 0 comment Print

ITAT Chennai annulled the Section 148-based reassessment for AY 2018-19 because the notice contravened the e-assessment scheme under Sec.151A. The ruling reinforces mandatory compliance with faceless notice issuance.

Section 148 Assessment Set Aside Over Jurisdiction & DIN Defects

December 9, 2025 669 Views 0 comment Print

ITAT Pune held that the CIT(A) failed to adjudicate key legal grounds, including wrong AO jurisdiction and missing Document Identification Number. Entire order under Section 144 r.w.s. 263 was set aside for reconsideration with proper hearing.

Non-production of BRCs/ FIRCs cannot be reason for rejection of refund claim

December 9, 2025 390 Views 0 comment Print

Karnataka High Court held that mere non-production of the Bank Realization Certificates (eBRCs) / Foreign Inward Remittance Certificate (FIRCs) cannot be reason for rejection of refund claim specially as all the details in this regard are made available to the department.

Provisions of section 153C doesn’t apply to search initiated subsequent to 01.04.2021

December 9, 2025 606 Views 0 comment Print

Madras High Court held that the provisions of section 153C of the Income Tax Act will not apply in case of initiation of search initiated on or after 01.04.2021. Accordingly, notices issued u/s. 153C are liable to be quashed and set aside.

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