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Archive: 23 December 2025

Posts in 23 December 2025

No Concurrent Jurisdiction Between FAO and JAO Under Reassessment Law: ITAT Visakhapatnam

December 23, 2025 342 Views 0 comment Print

The Tribunal found that notices issued manually by the jurisdictional officer contravene the faceless reassessment framework. There is no concurrent jurisdiction between faceless and jurisdictional officers. Any reassessment initiated this way is invalid from inception.

Assessment u/s. 153C quashed due to lack of jurisdiction

December 23, 2025 366 Views 0 comment Print

ITAT Jaipur held that assessment under section 153C of the Income Tax Act stands quashed due to lack of jurisdiction since there was no transfer of the case of the assessee from Delhi to Jaipur.

Reassessment Fails When Jurisdictional Officer Issues Section 148 Notice

December 23, 2025 1590 Views 0 comment Print

The Tribunal held that after 29-03-2022, only a Faceless Assessing Officer is empowered to issue notices under Section 148. Notices issued by a jurisdictional officer were declared void, vitiating the entire reassessment.

Arbitral award to HDFC Bank rejected as claim was barred by limitation

December 23, 2025 180 Views 0 comment Print

Karnataka High Court held that rejects arbitral award since the HDFC Bank’s claim was barred by limitation. Also held that failure of the Arbitral Tribunal to reject the claim on the said ground, is foundational and vitiates the impugned award by patent illegality on the face of the record.

Zero Revenue Alone Not a Ground to Disallow Business Expenses: ITAT Delhi

December 23, 2025 237 Views 0 comment Print

The Tribunal partly allowed the Revenue’s appeal by holding that interest incurred on borrowings used for project development must be capitalised. Absence of evidence showing alternative use of funds justified capitalization.

TDS not deductible on interest paid to senior citizen based on Form 15H, hence Bank not assessee in default

December 23, 2025 267 Views 0 comment Print

Kerala High Court held that Bank is not required to deduct TDS on interest paid to senior citizen who has provided Form 15H. Accordingly, Bank cannot be considered as assessee in default for non-deduction of such TDS.

Delayed Filing Blocks 80P Deduction: ITAT Upholds CPC Adjustment

December 23, 2025 357 Views 0 comment Print

ITAT Bangalore rules that Section 80P deductions cannot be claimed if the return is filed after the due date. The decision reinforces compliance with Section 80AC(ii) and aligns with Madras HC precedent.

No Hearing, No Finality: ITAT Restores 69 Addition in Reassessment to AO

December 23, 2025 180 Views 0 comment Print

ITAT Bangalore directs reassessment with full hearing for an agriculturist after procedural lapses in notices and missed hearings. The ruling emphasizes the importance of fair opportunity under Sections 148 and 144B.

Section 68 Addition Cannot Be Taxed Twice, ITAT Directs Netting Off from Business Receipts

December 23, 2025 333 Views 0 comment Print

ITAT Visakhapatnam held that unexplained cash credit under Section 68 must be netted off against business income to prevent double addition. The ruling ensures accurate assessment and fair taxation.

Failure to Prove Cash Source Justifies Addition Under Section 69A: ITAT Hyderabad

December 23, 2025 363 Views 0 comment Print

Cash deposits were rightly taxed as unexplained money when the assessee failed to discharge the primary burden of proof. Absence of contemporaneous evidence defeats claims of redeposit of cash.

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