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Non-production of BRCs/ FIRCs cannot be reason for rejection of refund claim

December 9, 2025 792 Views 0 comment Print

Karnataka High Court held that mere non-production of the Bank Realization Certificates (eBRCs) / Foreign Inward Remittance Certificate (FIRCs) cannot be reason for rejection of refund claim specially as all the details in this regard are made available to the department.

Provisions of section 153C doesn’t apply to search initiated subsequent to 01.04.2021

December 9, 2025 1368 Views 0 comment Print

Madras High Court held that the provisions of section 153C of the Income Tax Act will not apply in case of initiation of search initiated on or after 01.04.2021. Accordingly, notices issued u/s. 153C are liable to be quashed and set aside.

Addition u/s. 68 towards cash deposit during demonetization unwarranted as genuineness of cash sales proved

December 9, 2025 468 Views 0 comment Print

ITAT Jaipur held that addition towards unexplained cash deposit during demonetization under section 68 without rejection of books of accounts is unwarranted. Further, addition is also not warranted as genuineness of cash sale duly proved.

HUF Gift to Member: Why It Should Be Treated as Exempt Under Section 10(2)?

December 9, 2025 1614 Views 0 comment Print

ITAT Kolkata held that addition under section 56(2) towards receipt of gift from HUF to be re-considered for exemption under section 10(2) of the Income Tax Act. Accordingly, matter restored back to AO with specific direction.

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

December 8, 2025 1281 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.

Extraordinary jurisdiction not invoked as efficacious alternative remedies available

December 8, 2025 456 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.

Provisional Attachment Order ceases by virtue of legislative scheme u/s. 32A of IBC

December 8, 2025 648 Views 0 comment Print

NCLAT Delhi held that that Provisional Attachment Order has to be treated to cease by virtue of legislative scheme under Section 32A of the Insolvency and Bankruptcy Code and there is no necessity to obtain any order by the SRA from the adjudicating authority under the PMLA.

Bail not granted as twin conditions laid down u/s. 37 of NDPS Act not satisfied

December 8, 2025 549 Views 0 comment Print

Himachal Pradesh High Court held that bail application is liable to be dismissed since twin conditions laid down in section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) not satisfied. Accordingly, petition dismissed.

Reassessment post full and true disclosure results into mere change of opinion hence not sustained

December 8, 2025 351 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act is mere change of opinion since there is no failure on part of assessee as to full and true disclosure. Accordingly, reassessment is liable to be quashed and set aside.

Penalty u/s. 271(1)(c) quashed as additional income was voluntarily disclosed and not based on seized material

December 6, 2025 1236 Views 0 comment Print

ITAT Chennai held that penalty under section 271(1)(c) of the Income Tax Act not sustainable since the additional income offered by the assessee was voluntary and addition is not based upon incriminating material seized during the course of search. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

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