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Notice u/s. 148A(b) cannot be issued for verification: Gujarat High Court

January 31, 2026 849 Views 0 comment Print

Gujarat High Court held that notice under section 148A(b) cannot be issued for verification on the part of the Assessing Officer. Such verification is to be conducted u/s. 148A(a) prior to issuance of notice. Thus, order passed thereon is liable to be quashed and set aside.

Assessment framed on basis of mechanical approval u/s. 153D is not tenable: ITAT Patna

January 31, 2026 729 Views 0 comment Print

ITAT Patna held that consolidated approval under section 153D of the Income Tax Act granted in mechanical manner by JCIT without application of mind is invalid and hence assessment framed thereon is liable to be quashed.

Jurisdictional AO not authorized to issue notice u/s. 148 post faceless mechanism: ITAT Hyderabad

January 31, 2026 1116 Views 0 comment Print

ITAT Hyderabad held that issuance of notice under section 148 of the Income Tax Act by Jurisdictional Assessing Officer, post introduction of ‘Faceless Jurisdiction of Income tax Authorities Scheme, 2022, is bad and illegal in law. Accordingly, order passed thereon is quashed and set aside.

Day of arrival to be excluded while computing period stayed in India: ITAT Delhi

January 31, 2026 840 Views 0 comment Print

ITAT Delhi held that day of arrival should be excluded while computing number of stayed in India. Accordingly, the status of assessee is non-resident. Thus, the appeals of the assessee is allowed.

WhatsApp chat retrieved from third party not sufficient for addition: ITAT Ahmedabad

January 30, 2026 3372 Views 0 comment Print

ITAT Ahmedabad held that addition made on the basis of third-party WhatsApp chat without any incriminating material is unsustainable in law. Accordingly, order of CIT(A) upheld and appeal of revenue is dismissed.

Average price of Kingsman Publication report and NYBOT to be considered for computing ALP

January 30, 2026 261 Views 0 comment Print

ITAT Delhi affirmed direction of CIT(A) to take average of prices reported in Kingsman Publication report and New York Board of Trade [NYBOT] price after converting FOB as per Comparable Uncontrolled Price [CUP] for purpose of computing ALP on issue of import sugar.

Jurisdiction under Article 226 not exercise due to non-existence of exceptional circumstance: Bail rejected

January 30, 2026 423 Views 0 comment Print

Karnataka High Court held that jurisdiction under Article 226 read with section 482 of Cr.P.C. is exercisable only in exceptional circumstances. Thus, interim bail stands rejected since present matter cannot be termed as exceptional.

Interactive Flat Panel classified under CTH 8471 and its parts under CTH 8473

January 28, 2026 1050 Views 0 comment Print

CESTAT Chennai held that interactive flat panel is classified under CTH 8471 and their parts under CTH 8473 since revenue has not succeeded in discharging its burden. Accordingly, appeal is allowed and order is set aside.

Criminal proceedings against executive officer acting as quasi judicial authority is untenable

January 28, 2026 405 Views 0 comment Print

Patna High Court held that Executive Officer acting as a quasi judicial authority would fall within the ambit of the term Judge under Judges (Protection) Act, 1985 hence shielded and accordingly, no civil or criminal proceedings can be initiated.

Final Assessment Order passed beyond time limit prescribed u/s. 153 is barred by limitation

January 28, 2026 726 Views 0 comment Print

ITAT Delhi held that Final Assessment Order passed u/s 143(3) r.w.s. 144C(13) passed beyond time limit prescribed under section 153 of the Income Tax Act is barred by limitation. Accordingly, Final Assessment Order is liable to be quashed.

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