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Archive: 19 December 2025

Posts in 19 December 2025

Section 263 Quashed: CIT Cannot Revisit Issues Already Examined by AO

December 19, 2025 264 Views 0 comment Print

The Tribunal held that once the Assessing Officer has examined and accepted the source of property investment, the Commissioner of Income Tax (Exemption) cannot reopen the issue under section 263. The ruling emphasizes finality of AO’s findings.

No Money Trail, No Attachment: PMLA Property Seizure Quashed

December 19, 2025 711 Views 0 comment Print

The SAFEMA Appellate Tribunal held that property attachment under PMLA requires prima facie proof of a money trail. Mere suspicion or association with accused persons is insufficient to sustain attachment.

Appeal Delay Condoned Because Police Proceedings Are a Valid Reason for delay

December 19, 2025 207 Views 0 comment Print

The appeal was filed late due to ongoing police proceedings against the assessee. The Tribunal held this to be sufficient cause and restored the appeal for fresh consideration.

Bad Debt Write-Off Not an ‘Incorrect Claim’ for Section 143(1) Adjustment

December 19, 2025 765 Views 0 comment Print

The Tribunal held that a bad debt claim involving factual and legal analysis cannot be disallowed during section 143(1) processing. Such issues must be examined through regular assessment proceedings, not summary adjustments.

Chronic Delay Condoned with Cost: Appeals Revived & Remanded for Decision on Merits

December 19, 2025 261 Views 0 comment Print

The appeals were dismissed solely due to delay without examining merits. The Tribunal held that substantive justice requires condonation, though costs may be imposed for repeated defaults.

Presumptive Taxation Applied Because Business Receipts Can’t Be Fully Treated as Unexplained

December 19, 2025 297 Views 0 comment Print

The issue was whether entire cash deposits could be added as unexplained despite income being declared under section 44AD. The Tribunal held that presumptive taxation shields routine business deposits, though a reasonable lump-sum addition was justified where receipts were partly unsubstantiated.

Cash Deposits Can’t Be Treated as Unexplained Without Rejecting Books

December 19, 2025 1050 Views 0 comment Print

The case revolved around treating bank deposits as unexplained income without following the statutory mandate of rejecting books of account. The Tribunal reaffirmed that compliance with section 145(3) is mandatory before estimation, and granted full relief to the assessee.

893-Day Delay Condoned; Cash Deposits Can’t Be Split Arbitrarily – Profit Estimated at 6%

December 19, 2025 267 Views 0 comment Print

The Tribunal condoned an 893-day delay citing genuine medical reasons and decided the appeal on merits. It held that cash deposits arising from business receipts cannot be split arbitrarily and must be assessed through reasonable profit estimation.

Addition Remanded Due to Lack of Proper Opportunity

December 19, 2025 285 Views 0 comment Print

This case dealt with an addition confirmed without adequate opportunity of hearing. The Tribunal held that passing an order without considering filed replies is unsustainable, and directed a de novo assessment.

Reopening Quashed Due to Total Non-Application of Mind

December 19, 2025 426 Views 0 comment Print

The ITAT held that reassessment was invalid where notices and orders showed shifting facts and no independent reasoning. Changing bases across stages reflected a casual approach that vitiated jurisdiction.

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