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Archive: 16 December 2025

Posts in 16 December 2025

Single Excise SCN With Multiple Hearing Dates Violates Section 33A; Orders Set Aside: Gujarat HC

December 16, 2025 495 Views 0 comment Print

Gujarat HC held that ex parte orders are invalid if personal hearing notices under Section 37C are not properly delivered with proof, reinforcing procedural fairness.

Appeal Dismissed Because Mere Assertion Cannot Prove Agricultural Income

December 16, 2025 204 Views 0 comment Print

ITAT Pune held that a claim of agricultural income cannot be accepted without supporting records. Complete non-compliance at all stages justified treating the receipts as unexplained income.

GST Refund Cannot Be Denied Without Opportunity to Submit Documents: Karnataka HC

December 16, 2025 375 Views 0 comment Print

Karnataka HC held that GST authorities must provide taxpayers a chance to furnish missing documents before rejecting refund claims, reinforcing procedural fairness.

Section 153A cannot apply to years without incriminating material: Bombay HC

December 16, 2025 351 Views 0 comment Print

The Bombay High Court held that Section 153A cannot apply to years without incriminating material, reinforcing the principle that tax additions require concrete evidence.

Unsigned sale agreement not conclusive: ITAT Hyderabad remands capital-gains addition for limited verification

December 16, 2025 537 Views 0 comment Print

ITAT Hyderabad held that an unsigned sale agreement cannot automatically justify higher capital-gains additions. The AO must verify actual receipt of funds before confirming any addition.

SC Lays Down Format For Criminal Judgments & Mandates Tabulated Charts of Evidence

December 16, 2025 558 Views 0 comment Print

The Court overturned convictions after finding contradictions, missing proof of possession, tainted recoveries, and unreliable forensics. It reaffirmed that convictions cannot rest on infirm investigations.

Delayed Employee Claims Dismissed in CIRP After Resolution Plan Approval

December 16, 2025 309 Views 0 comment Print

The NCLT Mumbai dismissed belated employee claims for salary and PF submitted after the CoC approved two resolution plans. Timely claim submission under the IBC is mandatory to avoid obstructing CIRP.

MRI Deposit Write-off Remanded Due to Unexamined Section 37(1) & 28 Applicability

December 16, 2025 141 Views 0 comment Print

ITAT Bangalore restored ₹4.19 crore claimed as revenue loss to CIT(A) for fresh examination. The Tribunal emphasized that proper assessment under Sections 37(1) and 28 is essential before allowing write-offs.

Reassessment Allowed Beyond Four Years for Non-Disclosure of Primary Facts: SC

December 16, 2025 933 Views 0 comment Print

The SC upheld reopening of completed assessments where key agreements were not disclosed. It held that failure to place primary documents enables reassessment beyond the four-year limit.

Orissa HC: Writ Not Maintainable After GSTAT; Mandatory Pre-Deposit Cannot Be Bypassed

December 16, 2025 453 Views 0 comment Print

The Orissa High Court held that while writ petitions can be entertained if the GSTAT is non-functional, once the tribunal is operational with extended filing timelines, statutory compliance under Section 112(8) is mandatory.

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