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Archive: December, 2025

Posts in December, 2025

Addition Deleted as Based Solely on Unverified Third-Party Information Without Evidence Linking Assessee

December 13, 2025 3069 Views 0 comment Print

The Tribunal upheld CIT(A)’s deletion of Rs. 10,00,059/- as the addition was based solely on uncorroborated third-party information. No primary evidence linked the assessee to the alleged accommodation entries.

Delayed Form 10B is Curable Procedural Lapse: ITAT Ahmedabad

December 13, 2025 1119 Views 0 comment Print

Tribunal rules that procedural delay in filing Form 10B does not bar exemption under sections 11 and 12, following Supreme Court guidance on procedural lapses.

No Section 143(2) Notice, No Jurisdiction: Reassessment Declared Null & Void

December 13, 2025 912 Views 0 comment Print

ITAT quashed a reassessment under section 147 as the AO failed to issue the mandatory notice under section 143(2), rendering the assessment legally invalid.

Assessment Quashed as Final Order Passed Beyond Section 153 Time Limit: ITAT Hyderabad

December 13, 2025 1092 Views 0 comment Print

The ITAT Hyderabad held that section 144C cannot override outer time limits under section 153. Assessments passed beyond statutory deadlines are void, reinforcing strict compliance with limitation periods.

Commission Not Bogus When Payee Exists & Taxed: ITAT Deletes ₹51.37 Lakh Disallowance

December 13, 2025 570 Views 0 comment Print

Tribunal held that commission could not be treated as bogus where the recipient company’s existence was established through income tax returns, refunds, and official records, leading to deletion of the disallowance.

Cash Repayment of Loans Attracts Section 271E Penalty Despite Prior Section 68 Addition

December 13, 2025 723 Views 0 comment Print

Court ruled that repayment of sums in cash violates Section 269T and attracts penalty under Section 271E, even when the same sums were treated as income under Section 68 in an earlier assessment.

Retrospective GST Registration Cancellation Alone Cannot Deny ITC: Calcutta HC

December 13, 2025 1203 Views 0 comment Print

The Calcutta High Court held that retrospective cancellation of a supplier’s GST registration alone cannot justify denial of Input Tax Credit, requiring a reasoned evaluation of submitted documents.

Bombay HC Quashes GST Order for SCN Lacking Personal Hearing Details

December 13, 2025 666 Views 0 comment Print

The Bombay High Court quashed an order as the show-cause notice failed to specify date, time, and venue for personal hearing, violating Section 75(4) of the GST Act. The Court restored the proceedings for lawful adjudication.

Best Judgment Assessment Upheld Due to Suppressed Purchases Found in Survey: Allahabad HC

December 13, 2025 312 Views 0 comment Print

The Court held that documents seized during a survey justified rejection of accounts and best judgment assessment. Partial relief granted by the Tribunal was found adequate, warranting no further interference.

Ex-parte GST order quashed as notice lacked date, time & place for personal hearing

December 13, 2025 930 Views 0 comment Print

The Court quashed an ex-parte GST order where the initial notice did not comply with procedural requirements, emphasizing proper reissuance of notice and lawful proceedings.

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