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Archive: December, 2025

Posts in December, 2025

Invalid Sanction Kills Reopening: ITAT Says PCIT Cannot Replace JCIT Under Old Section 151(2)

December 12, 2025 459 Views 0 comment Print

The Tribunal emphasized that for notices issued before 01.04.2021, the sanctioning power rested solely with the JCIT, making the PCIT’s approval invalid. Consequently, the ₹82.89 crore disallowance and all further proceedings were set aside.

Delhi HC Rejects ‘Old and Used’ Gold Claim, Directs Passenger to Appeal

December 12, 2025 306 Views 0 comment Print

The judgment clarified the distinction between personal and newly purchased gold, allowing the petitioner to contest confiscation under customs regulations.

Section 11 Exemption Cannot Be Denied for Missing Registration Details in ITR

December 12, 2025 456 Views 0 comment Print

ITAT allowed exemption under Section 11, holding that Revenue cannot deny benefits due to clerical omission of registration details. Key takeaway: procedural mistakes should not override substantive law.

GST Appeal Restored as 10% Recovery Meets Statutory Pre-Deposit Requirement

December 12, 2025 648 Views 0 comment Print

Court allows appeal despite earlier dismissal for non-compliance with statutory pre-deposit, noting recovery of over 10% of disputed tax satisfies the condition. Key takeaway: partial pre-deposit enables merits hearing.

Income tax appeal cannot be rejected solely for non-appearance by CIT(A) Kerala HC

December 12, 2025 444 Views 0 comment Print

The Court ruled that an income tax appeal cannot be rejected solely for non-appearance. The matter was remanded because the appellate authority failed to examine the issues raised under Section 250(6).

276CC Prosecution: HC Upheld Income Tax Dept Notices Under Section 91 Cr.P.C.

December 12, 2025 405 Views 0 comment Print

The court upheld the trial court’s decision permitting the Income Tax Department to place additional notices on record. Key takeaway: Section 91 Cr.P.C. may be invoked at any stage for documents necessary for fair adjudication.

Custom Writ Petition Dismissed Over Misclassification Allegation & Goods Seizure

December 12, 2025 345 Views 0 comment Print

The Court upheld the customs officer’s reasonable belief for seizing goods over alleged misclassification and found the challenge premature due to pending statutory proceedings. The ruling confirms that classification disputes must be resolved through adjudication under the Customs Act.

Release of Property Cannot Be Denied Without Confirming ED’s Attachment List

December 12, 2025 483 Views 0 comment Print

The appeal highlighted that the flat sought to be released did not appear in the ED’s list of attached properties. The Tribunal found that the adjudicating authority should have independently verified this fact instead of shifting responsibility to the financial creditor. It set aside the impugned order and directed a fresh decision based on a complete examination of records.

Repayment of Friendly Loan Explained: ITAT Deletes ₹12.50 Lakh Addition u/s 69A

December 12, 2025 363 Views 0 comment Print

ITAT held that the assessee had proved identity, creditworthiness, and genuineness of the lender through affidavits, ITR and audited accounts. Since the AO brought no contrary evidence, the Section 69A addition was deleted.

Section 68 Share Premium Addition Remitted as Evidence Was Not Examined

December 12, 2025 258 Views 0 comment Print

Tribunal remanded the case after finding that documentary evidence submitted during assessment was not examined. The matter is sent back for fresh evaluation with an opportunity of hearing.

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