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Archive: 13 December 2025

Posts in 13 December 2025

Addition of cash already taxed in a relative’s income is impermissible: ITAT Patna

December 13, 2025 258 Views 0 comment Print

The Tribunal ruled that cash seized and previously taxed in the brother’s assessment cannot be taxed again in the assessee’s hands, remanding the issue to the AO for verification.

Limitation for ITAT Rectification Starts on Date of Receipt of Order: Bombay HC

December 13, 2025 276 Views 0 comment Print

The Bombay High Court ruled that the six-month limitation under Section 254(2) starts from the date of receipt of the ITAT order, not the date of its passing, ensuring petitioners can file timely rectification applications.

HC Upholds Jurisdiction of Section 73 GST SCN; Assessee Directed to Reply

December 13, 2025 288 Views 0 comment Print

The Court held that the show-cause notice under Section 73 CGST did not lack jurisdiction. It directed the petitioner to file a reply and allowed the Adjudicating Authority to examine all objections independently.

Delay in Form 10-B Filing Conditionally Allowed Due to Treasurer’s Age & Pandemic

December 13, 2025 351 Views 0 comment Print

The High Court allowed a religious society to submit delayed audit documents, citing the treasurer’s age and Covid-19 as valid reasons, directing authorities to reconsider exemption under Section 11.

Legal control under a JDA constitutes transfer for capital gain: ITAT Kolkata

December 13, 2025 276 Views 0 comment Print

The Tribunal held that legal control under a JDA constitutes transfer for capital gains purposes. The assessee must provide acquisition cost details for recomputation.

Madras HC Quashes Ex-Parte GST Order on ITC Attachment on 25% Deposit

December 13, 2025 372 Views 0 comment Print

Court directed deposit of 25% disputed tax, personal hearing, and submission of reply to ensure due process before final GST order.

CIT(A) Order Set Aside as Advance Tax Requirement Misapplied in Loss Case

December 13, 2025 270 Views 0 comment Print

The ITAT restored the case for fresh adjudication, noting that the assessee filed a return showing a loss and was not given proper opportunity to be heard before dismissal of appeal.

Rule 37BA Cannot Override Section 5A While Granting TDS Credit to Goa Residents

December 13, 2025 468 Views 0 comment Print

ITAT Pune ruled that Section 5A overrides Rule 37BA, granting full TDS credit of ₹45.28 lakh to a Goa resident whose wife did not claim her share, rejecting CPC’s proportionate restriction

Profit Capped at 7% Because Search Confession Could Not Be Applied to Past Years

December 13, 2025 213 Views 0 comment Print

Rakesh Kumar Pandey Vs ACIT (ITAT Lucknow) 7% Is Reasonable, 11% Is Wishful: ITAT Reins in Profit Estimation in Contractor’s Case- When Books Are Estimated, Disallowances Die: ITAT’s Clean Sweep in Search Assessment- Search Confession Can’t Rewrite Past: ITAT Caps NP at 7% & Deletes Pre-Search Additions Issue 1: Estimation of Net Profit after Search […]

Cash Deposit Explained, Books Not Rejected: Section 68 Addition Collapses

December 13, 2025 324 Views 0 comment Print

ITAT Kolkata dismissed Rs. 6.52 crore addition under section 68, holding that cash deposits were substantiated by audited books and AO failed to reject accounts or prove them unexplained.

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