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Salary and Commission Disallowance Deleted After Profit Estimate

December 30, 2025 402 Views 0 comment Print

The tribunal ruled that rejecting books and estimating profits bars further item-wise disallowances. Authorities cannot “blow hot and cold” by disallowing expenses from the same rejected records.

294-Day Appeal Delay Excused Due to Wrong Mode of Service

December 30, 2025 357 Views 0 comment Print

The tribunal held that sending notices through email despite the assessee expressly opting for physical service constituted sufficient cause for delay. Procedural lapses by tax authorities cannot deprive an assessee of the right to be heard.

Digital Illiteracy Held Valid Ground to Condon Appeal Delay

December 30, 2025 399 Views 0 comment Print

The tribunal ruled that lack of digital literacy and non-receipt of electronic orders constitute sufficient cause for delay in filing an appeal. A liberal approach was adopted to ensure substantial justice, and the appeal was restored for decision on merits.

Section 148A and 148 Notices Quashed for Breach of Mandatory Faceless Procedure

December 30, 2025 726 Views 0 comment Print

he tribunal held that reassessment notices issued by the jurisdictional assessing officer instead of the faceless authority violate the mandatory faceless assessment framework. Such jurisdictional defects render the entire reassessment proceedings void ab initio.

Interim Compensation Not Taxable Until Final Court Settlement

December 29, 2025 519 Views 0 comment Print

The Tribunal held that compensation received under interim court orders is contingent and does not accrue as income. Taxability arises only in the year when litigation is finally settled and the amount crystallises.

60% Tax Under Section 115BBE Not Applicable Before 1 April 2017

December 29, 2025 711 Views 0 comment Print

The Tribunal held that the enhanced 60% tax rate cannot apply to transactions before 01.04.2017. For AY 2017-18, unexplained cash additions relating to earlier transactions are taxable only at 30%.

Half-Way Condonation Invalid: Time-Barred Appeal Can’t See Merits

December 29, 2025 459 Views 0 comment Print

The Tribunal ruled that once an appeal is rejected as time-barred, the appellate authority cannot adjudicate it on merits. A contradictory approach violates jurisdictional discipline and warrants remand.

NFAC Order Quashed for Casual and Non-Application of Mind

December 29, 2025 240 Views 0 comment Print

ITAT ruled that an appeal cannot be rejected mechanically on alleged defects when records show compliance. The case was remanded for fresh, reasoned adjudication after proper hearing.

Limitation Runs From Statutory Reply Period, Not Actual Reply Date

December 29, 2025 495 Views 0 comment Print

The issue was whether reassessment notices issued after April 2021 were valid. The Tribunal held that notices issued beyond the surviving time limit were barred, rendering all reassessment proceedings void.

Appeals Rejected Due to Unexplained Nine-Year Delay in Filing

December 29, 2025 321 Views 0 comment Print

The assessee sought relief citing internal lapses and adviser dependence. The Tribunal ruled that consistent audits and filings undermined claims of ignorance. Long delays require specific, convincing justification, which was absent.

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