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Archive: December, 2025

Posts in December, 2025

Rule 46A Violated: Rs. 20 Cr Loan Additions Sent Back for Inquiry

December 8, 2025 321 Views 0 comment Print

ITAT restored Rs. 20 Cr in unsecured loans, interest, and squared-up loans for fresh verification, noting CIT(A) erred by deleting additions at the stroke of a pen. Large new loans and substantial repayments required independent checks on purpose and creditworthiness. The ruling reinforces that appellate deletion without inquiry violates Rule 46A and legal principles under sections 68 and 69.

GST Notice Issued to Deceased Person Quashed by Delhi HC

December 8, 2025 615 Views 0 comment Print

The Delhi High Court ruled that a GST Show Cause Notice issued after the death of the proprietor is void ab initio, quashing both the notice and the resulting order. Recovery may proceed against the deceased’s estate.

ITAT Dismisses Revenue Appeal on 110 Cr Current Liabilities Dispute

December 8, 2025 405 Views 0 comment Print

Rs. 99.86 Cr out of Rs. 110 Cr added as current liabilities was deleted by CIT(A) and upheld by ITAT. Verification of ledgers, statutory dues, and party confirmations showed actual liability reduction during the year. This highlights the role of detailed evidence in defending balance sheet claims.

Reply SCN for Wrong Availment of GST ITC & Undisclosed Turnover: Delhi HC

December 8, 2025 402 Views 0 comment Print

The Court observed that relevant turnover and business details were not disclosed in the petition. It instructed the Petitioner to submit an affidavit providing turnover, business nature, and ITC details before proceeding with adjudication.

Mechanical u/s 153D Approval Invalidates u/s 153C Assessment: ITAT Quashes Entire Proceedings

December 8, 2025 351 Views 0 comment Print

The issue involved a common sanction letter covering multiple assessees and years, issued on the same day the AO sought approval. ITAT found this composite approval inconsistent with judicial mandates requiring individualized scrutiny. As a result, the assessment was declared void ab initio, making all additions infructuous.

Income Tax Proceedings Cannot Be Initiated Against a Deceased Person: Calcutta HC

December 8, 2025 738 Views 0 comment Print

Calcutta High Court set aside an income tax assessment order initiated in the name of a deceased individual, highlighting that proceedings must be directed to legal heirs.

SC Enhances Motor Accident Compensation After Incorrect Income Assessment

December 8, 2025 918 Views 0 comment Print

The Court held that the deceased’s income had been wrongly computed at ₹84,000 and reassessed it at ₹1,00,000 based on available evidence. The ruling increased the compensation and reaffirmed principles for fair assessment in motor accident claims.

Unutilised ITC of compensation cess allowed as refund even when goods are exported on payment of IGST

December 8, 2025 996 Views 0 comment Print

Gujarat High Court held that the refund of unutilised Input Tax Credit of Compensation Cess is admissible even if the goods are exported on payment of Integrated Goods and Services Tax [IGST]. Accordingly, the present petition is allowed and refund is granted.

Tribunal Allows Appeal After Finding Delay Not a Valid Ground for Dismissal by CIT(A)

December 8, 2025 369 Views 0 comment Print

The Tribunal held that the appeal should be heard on merits after the CIT(A) dismissed it solely for a 45-day delay. It restored the matter for fresh adjudication, directing that the delay issue not be reconsidered.

Extraordinary jurisdiction not invoked as efficacious alternative remedies available

December 8, 2025 405 Views 0 comment Print

Delhi High Court held that invocation of the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution unwarranted since efficacious alternative remedies under DRT and NCLT. Accordingly, writ petition is misconceived.

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