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Archive: December, 2025

Posts in December, 2025

GST Assessment Based On Entries Found In Loose Slips, Notebook & Diary

December 20, 2025 24792 Views 0 comment Print

This case analysis explains why loose papers are not treated as books of account. Tax liability cannot arise solely from unverified jottings lacking linkage to real transactions.

Section 144 Ex Parte Orders Invalid Without Fair Opportunity

December 20, 2025 381 Views 0 comment Print

The High Court held that an assessment completed without granting a real opportunity to respond cannot stand. Ex parte reassessment and penalty orders were therefore set aside.

Tax Assessment Set Aside for Ignoring Mandatory Legal Representative Requirement

December 20, 2025 198 Views 0 comment Print

The Court held that tax proceedings cannot continue without first determining who legally represents a deceased assessee. Orders passed without such determination were set aside.

Failure to Apply Sections 28(v) and 40(b) Invalidates Assessment Order

December 20, 2025 348 Views 0 comment Print

The issue was taxation of LLP partner’s remuneration without applying Sections 28(v) and 40(b). The High Court set aside the assessment for failure to consider the statutory scheme, remanding the matter for fresh decision.

Natural Justice Violated: Section 148A(d) Order Invalidated

December 20, 2025 240 Views 0 comment Print

Karnataka High Court quashed the Section 148A(d) order and Section 148 notice, allowing the assessee a fresh opportunity to submit documents and replies before reconsideration.

Section 148 Notice Invalidated for Genuine Non-Filing of Return

December 20, 2025 408 Views 0 comment Print

Karnataka High Court set aside reassessment and penalty orders where the assessee could not file returns due to inactive email, granting a fresh opportunity to submit documents and pleadings.

Reassessment Quashed for Lack of Opportunity to Reply to Section 148 Notice

December 20, 2025 273 Views 0 comment Print

The issue involved reassessment completed without a reply to the reopening notice. The Court set aside the orders and remanded the case to allow the assessee a fresh opportunity.

Reassessment Quashed for Initiation Outside Section 151A Scope

December 20, 2025 324 Views 0 comment Print

Karnataka High Court invalidated reassessment proceedings and related notices for AY 2015-16, holding that actions initiated beyond Section 151A are legally void.

DRP Upload Date Triggers Limitation – Final Order Passed Late Is Void ab initio

December 20, 2025 369 Views 0 comment Print

The ITAT held that limitation under section 144C(13) starts from the date DRP directions are uploaded on the ITBA portal. A final order passed beyond this deadline was declared void ab initio.

CPC Adjustment Set Aside Because Delay Condonation Was Not Decided

December 20, 2025 372 Views 0 comment Print

The ITAT held that CPC and CIT(A) acted prematurely in denying section 80P deduction while a section 119 condonation application was awaiting decision. The matter was remanded for fresh adjudication after condonation is decided.

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