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Archive: 20 December 2025

Posts in 20 December 2025

KSCAA Flags ITR Form Delays, Portal Glitches, AIS Mismatches & Threatening tone

December 20, 2025 2349 Views 0 comment Print

The representation points to widespread taxpayer hardship due to late ITR utilities and faulty AIS-driven mismatch alerts. KSCAA stressed that technology-led compliance must remain facilitative, not coercive.

ITC Cannot Be Reversed from Buyer Without Action Against Defaulting Seller: Kerala HC

December 20, 2025 27474 Views 0 comment Print

The issue was whether ITC could be recovered from a bona fide recipient without first proceeding against the supplier. The key takeaway is that statutory procedure under Section 42 must be followed before reversing ITC.

Reassessment Notices u/s 148 & 142(1) Quashed for Being Beyond Scope of Section 151A

December 20, 2025 393 Views 0 comment Print

The High Court held that reassessment proceedings initiated beyond the scope of Section 151A are void in law. All notices issued under Sections 148 and 142(1) were therefore set aside.

GST Assessment Based On Entries Found In Loose Slips, Notebook & Diary

December 20, 2025 24819 Views 0 comment Print

This case analysis explains why loose papers are not treated as books of account. Tax liability cannot arise solely from unverified jottings lacking linkage to real transactions.

Section 144 Ex Parte Orders Invalid Without Fair Opportunity

December 20, 2025 381 Views 0 comment Print

The High Court held that an assessment completed without granting a real opportunity to respond cannot stand. Ex parte reassessment and penalty orders were therefore set aside.

Tax Assessment Set Aside for Ignoring Mandatory Legal Representative Requirement

December 20, 2025 204 Views 0 comment Print

The Court held that tax proceedings cannot continue without first determining who legally represents a deceased assessee. Orders passed without such determination were set aside.

Failure to Apply Sections 28(v) and 40(b) Invalidates Assessment Order

December 20, 2025 348 Views 0 comment Print

The issue was taxation of LLP partner’s remuneration without applying Sections 28(v) and 40(b). The High Court set aside the assessment for failure to consider the statutory scheme, remanding the matter for fresh decision.

Natural Justice Violated: Section 148A(d) Order Invalidated

December 20, 2025 252 Views 0 comment Print

Karnataka High Court quashed the Section 148A(d) order and Section 148 notice, allowing the assessee a fresh opportunity to submit documents and replies before reconsideration.

Section 148 Notice Invalidated for Genuine Non-Filing of Return

December 20, 2025 408 Views 0 comment Print

Karnataka High Court set aside reassessment and penalty orders where the assessee could not file returns due to inactive email, granting a fresh opportunity to submit documents and pleadings.

Reassessment Quashed for Lack of Opportunity to Reply to Section 148 Notice

December 20, 2025 273 Views 0 comment Print

The issue involved reassessment completed without a reply to the reopening notice. The Court set aside the orders and remanded the case to allow the assessee a fresh opportunity.

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