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Archive: 13 December 2025

Posts in 13 December 2025

Parallel GST Action not Allowed Since SCN Came After State Summons: HP HC

December 13, 2025 528 Views 0 comment Print

The Court held that once the State Authority initiated proceedings first, the Central Authority could not launch parallel adjudicatory action on the same subject matter. It directed compliance with summons but required coordination to prevent duplicate proceedings.

Service of income tax notices on email ID from a previous return was valid

December 13, 2025 339 Views 0 comment Print

The High Court held that service of income tax notices on an email ID from a previous return was valid, dismissing the writ petition and directing the assessee to pursue statutory appeal remedies.

Building construction for future educational use qualifies as charitable activity

December 13, 2025 450 Views 0 comment Print

The Tribunal held that building construction for future educational use qualifies as charitable activity. The rejection of 80G approval solely due to absence of active operations was ruled unjustified.

ITAT Allows Charitable Trust to Seek Section 80G Registration Despite Delay

December 13, 2025 507 Views 0 comment Print

The Tribunal held that a charitable trust’s 80G application rejected for late filing must be reconsidered after the trust seeks condonation under Section 119(2)(b). Procedural delay should not defeat substantive rights.

Section 148 Notice Invalid Beyond Three Years as Escaped Income Below ₹50 Lakh

December 13, 2025 828 Views 0 comment Print

The Tribunal held that a Section 148 notice issued after three years was invalid because the escaped income was below ₹50 lakh, making the reopening beyond limitation.

Section 11 Exemption Restored as Form 10B Was Filed Within Due Date

December 13, 2025 117 Views 0 comment Print

The issue was denial of charitable exemption due to alleged non-filing of Form 10B. The ITAT held that the audit report was filed on time and wrongly ignored by CPC. Substantive exemption under Section 11 was therefore restored.

Section 80G & 12A Registration Denials Set Aside Due to Procedural Opportunity

December 13, 2025 330 Views 0 comment Print

The ITAT Pune remanded a charitable trust’s 12A and 80G applications for fresh consideration after noting procedural lapses and granting the trust another opportunity to respond to notices.

Bonus Payment Allowed Because Evidence Showed Payment Before Due Date

December 13, 2025 273 Views 0 comment Print

Though earlier dismissed for non-prosecution, the Tribunal evaluated the substantive grounds relating to bonus disallowance and income inclusion, granting partial relief.

Capital Gain Addition Reopened Due to Failure to Consider Statutory Deductions

December 13, 2025 222 Views 0 comment Print

The Tribunal sent the matter back to the Assessing Officer after finding that important objections on land classification and cost of acquisition were not verified. A fresh decision must be made after proper examination.

Section 148 Notice Invalid as Issued Without Section 148A Procedure: Gujarat HC

December 13, 2025 669 Views 0 comment Print

The Court held that Section 148 notices issued after 1 April 2021 under TOLA for AY 2015-16 were invalid since the statutory completion period had expired and Section 148A procedure was not followed.

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