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Deduction Denied Only for Late ITR Set Aside After Condonation

December 21, 2025 7212 Views 0 comment Print

The Tribunal held that once delay in filing the return is condoned under Section 119(2)(b), denial of Section 80P solely for late filing is unsustainable. The deduction was directed to be allowed.

Revenue Appeals Fail as No Transfer of Risk and Reward Before Completion

December 21, 2025 309 Views 0 comment Print

The Tribunal held that a landowner under a JDA cannot be forced to adopt the percentage completion method merely because the developer follows it. Consistent use of the project completion method was upheld as legally valid.

Non-Speaking Order Invalid: Section 12AB & 80G Rejection Remanded

December 21, 2025 555 Views 0 comment Print

Both 12AB and 80G applications were rejected without adequate reasoning or opportunity. The Tribunal emphasized mandatory compliance with due process. The cases were sent back for de novo consideration.

Unsigned Sanction Fatal: Reassessment Proceedings Set Aside

December 21, 2025 786 Views 0 comment Print

The Tribunal held that sanction for reopening beyond four years must be granted by the specified higher authority. Approval by a Joint Commissioner was found incompetent and void. Consequently, the reassessment was struck down as without jurisdiction.

Section 234E Has No Teeth Without 200A: Pre-01-06-2015 TDS Late-Fee Quashed

December 21, 2025 1002 Views 0 comment Print

The issue was whether late-fee under Section 234E could be levied while processing TDS returns before 01-06-2015. The Tribunal held that without Section 200A(1)(c), such levy was without authority of law.

Reassessment Notices u/s 148 & 142(1) Quashed for Being Beyond Scope of Section 151A

December 20, 2025 516 Views 0 comment Print

The High Court held that reassessment proceedings initiated beyond the scope of Section 151A are void in law. All notices issued under Sections 148 and 142(1) were therefore set aside.

Section 144 Ex Parte Orders Invalid Without Fair Opportunity

December 20, 2025 576 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 234 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 462 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 306 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.

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