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SC Upholds Will Excluding One Daughter; Leading Questions in Cross-Examination Can Prove Attestation

December 18, 2025 588 Views 0 comment Print

The Supreme Court ruled that answers to leading questions in cross-examination can validly establish attestation of a will, satisfying statutory proof requirements.

SC Denied Injunction Due to Unproven Property Title & Faulty Identification

December 18, 2025 630 Views 0 comment Print

The Supreme Court restored the trial court’s dismissal of an injunction suit where plaintiffs failed to prove ownership and property boundaries were ambiguous.

Survey Statements Alone Can’t Justify Bogus Purchase Additions

December 17, 2025 750 Views 0 comment Print

The Tribunal held that additions under section 68 cannot be sustained merely on statements recorded during a third-party survey under section 133A. In absence of independent enquiry, corroborative evidence, or cross-examination, such statements have no evidentiary value.

Concessional LTCG Rate for Non-Residents Overrides Higher TDS Demands

December 17, 2025 561 Views 0 comment Print

The Tribunal examined whether tax was short-deducted on remittances to non-resident shareholders. It held that TDS at 11.54%, derived from the concessional 10% rate under section 112 with surcharge and cess, was legally correct and no default arose.

Rs. 113.46 Crore Section 68 Addition Fails Due to Jurisdictional Defect

December 17, 2025 825 Views 0 comment Print

The issue was whether an Assessing Officer can travel beyond limited scrutiny without mandatory approval. The Tribunal held that such action violates binding CBDT Instructions and renders the assessment void from inception

Ancillary Software Services Protected Under DTAA as FTS Conditions Not Met

December 17, 2025 489 Views 0 comment Print

ITAT Mumbai ruled that ancillary software support services did not constitute FTS under the India–Singapore DTAA, deleting a ₹482.77 crore addition due to failure of the make available test.

Search Assessment Limited as Bank Valuation Found Insufficient Evidence

December 17, 2025 252 Views 0 comment Print

Delhi ITAT held that a bank’s valuation report obtained post-search is not incriminating material, restricting unexplained investment addition to a reasonable estimate.

ACB FIR Quashed Due to Lack of Sanction and Recycled Allegations

December 17, 2025 639 Views 0 comment Print

The Supreme Court held that an FIR based on previously closed complaints and filed without mandatory sanction is an abuse of process and must be quashed.

Failure to Follow 263 Directions Renders Assessment Unsustainable

December 17, 2025 327 Views 0 comment Print

ITAT Delhi held that additions under Section 69C cannot be made if the AO exceeds the scope of directions issued under Section 263, emphasizing procedural compliance.

Technical E-Filing Glitches Accepted as Reasonable Cause for Minor Delay

December 17, 2025 519 Views 0 comment Print

The ITAT condoned a two-day delay caused by OTP and system issues, noting the Revenue’s failure to rebut the explanation. The ruling affirms a pragmatic approach to minor procedural lapses.

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