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Archive: 25 December 2025

Posts in 25 December 2025

Denial of Cross-Examination Vitiates Assessment Based on Third-Party Statements: Gujarat HC

December 25, 2025 450 Views 0 comment Print

The High Court quashed tax additions where the assessee was denied cross-examination of a key witness whose statements were relied upon. The ruling reiterates that such denial violates principles of natural justice.

Reopening Beyond Three Years Invalid Without PCCIT Approval: ITAT Amritsar

December 25, 2025 300 Views 0 comment Print

The Tribunal held that reassessment initiated after three years was void as approval was taken from an incompetent authority. The key takeaway is that failure to comply with section 151(ii) invalidates the entire reassessment.

JDA Advances Not Taxable as Business Income Where No Transfer under Section 2(47): ITAT Bangalore

December 25, 2025 279 Views 0 comment Print

The Tribunal held that advances received under a joint development agreement are not taxable as business income when land remains a capital asset and no transfer under section 2(47) has occurred.

GST Demand Set Aside and Matter Remanded Where Tax & Interest Were Already Paid

December 25, 2025 231 Views 0 comment Print

The Court set aside GST assessment and appellate orders after noting a prima facie case that tax and interest were already paid, remitting the matter for fresh adjudication.

Negative Blocking of GST Credit Beyond Ledger Balance is Illegal Under Rule 86A: P&H HC

December 25, 2025 228 Views 0 comment Print

High Court ruled that Rule 86A does not permit blocking of input tax credit beyond what is available in the electronic credit ledger. Negative balances were held unsustainable, with authorities directed to use statutory recovery provisions instead.

Delhi HC to Examine DJB’s ‘Local Authority’ Status and Applicable GST Rate

December 25, 2025 312 Views 0 comment Print

The Court held that interim protection applies where only a DRC-01 summary was issued and the core issue involves the legal status of the contracting authority.

Orissa HC Set Aside GST Demand for Initiation Against Wrong Person Due to Clerical Error:

December 25, 2025 294 Views 0 comment Print

The High Court set aside a GST demand after finding that tax proceedings were initiated against the wrong person due to clerical errors. The ruling underscores that adjudication based on incorrect identity cannot be sustained.

Orissa HC Disposed Writ Petition Because GST Appellate Tribunal Became Functional

December 25, 2025 249 Views 0 comment Print

The High Court held that once the GST Appellate Tribunal is operational and appeal timelines are notified, disputes must be pursued before the tribunal. Taxpayers must comply with statutory pre-deposit requirements under Section 112 before filing appeals.

Shipping Bill Conversion Allowed Because Limitation Act Does Not Apply: CESTAT Mumbai

December 25, 2025 210 Views 0 comment Print

The Tribunal declared that once conversion was allowed on appeal for the full period, partial challenges could not survive. The Commissioner’s order granting conversion stood validated.

Entire Purchase Can’t Be Added as Bogus When Sales Are Accepted: ITAT Mumbai

December 25, 2025 306 Views 0 comment Print

The issue was whether alleged non-genuine purchases justified higher additions despite accepted sales. The Tribunal held that only the profit element can be taxed when purchases are not treated as wholly bogus.

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