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Invalid 143(2) Notice Makes Assessment Non-Est: ITAT Quashes Entire Assessment

December 13, 2025 852 Views 0 comment Print

ITAT Kolkata held that an assessment under section 143(3) is invalid if the section 143(2) notice does not comply with CBDT prescribed formats. The ruling nullifies both the assessment and related revisionary proceedings.

Section 14A Not on Auto-Pilot: Rule 8D Disallowance Quashed for Want of AO’s Satisfaction

December 13, 2025 495 Views 0 comment Print

ITAT held that Rule 8D cannot be applied automatically under section 14A; the AO must record satisfaction on the correctness of the assessee’s suomoto disallowance, quashing the incremental disallowance.

JAO Vs Faceless Regime: Reassessment Falls for Breach of Section 151A

December 13, 2025 678 Views 0 comment Print

The assessment notice issued by a Jurisdictional AO post-29.03.2022 violated the faceless assessment scheme, making the income addition void. The tribunal allowed the appeal in favor of the assessee.

Section 148A Notice Less Than 7 Days Is Void: Reassessment Quashed

December 13, 2025 741 Views 0 comment Print

Karnataka HC held that a notice under Section 148A(b) providing less than the statutory seven days is void. All consequential assessments, penalties, and demands were quashed as a result.

Hyper-Technical Rejection of Form 10B Set Aside by High Court

December 13, 2025 306 Views 0 comment Print

The Karnataka High Court held that a charitable trust should not be denied exemption merely for a delayed Form 10B filing caused by genuine oversight. A hyper-technical rejection under Section 119(2)(b) was set aside in favour of a justice-oriented approach.

Foreign Exchange Loan Abroad Without Approval Invites Sanction

December 13, 2025 540 Views 0 comment Print

The Tribunal held that holding and operating a foreign bank account without RBI approval is a continuing contravention under FEMA. Subsequent repatriation or tax disclosure does not wipe out liability, and penalties were upheld.

Section 54B Exemption Allowed Despite Non-Deposit in CGAS

December 13, 2025 489 Views 0 comment Print

The issue was whether failure to deposit unutilised capital gains in CGAS before the due date defeats Section 54B relief. The ITAT held that where eligible agricultural land is purchased within time and cheques are issued with sufficient balance, CGAS non-deposit is only procedural. Full exemption was therefore allowed.

Mere Suspicion from STR Data Insufficient for Section 69C Addition

December 13, 2025 390 Views 0 comment Print

The key question was whether STR-based information can trigger harsh taxation under Section 115BBE. The ITAT held that without concrete evidence of non-genuine transactions, such additions cannot stand. Both reopening and tax addition were annulled.

Section 11 Exemption Restored as Form 10B Was Filed Within Due Date

December 13, 2025 321 Views 0 comment Print

The issue was denial of charitable exemption due to alleged non-filing of Form 10B. The ITAT held that the audit report was filed on time and wrongly ignored by CPC. Substantive exemption under Section 11 was therefore restored.

Reopening Beyond 4 Years Fails Without Assessee’s Default: ITAT Quashes 148 Notice

December 13, 2025 237 Views 0 comment Print

The ITAT held that reassessment beyond four years fails when the reasons do not show the assessee’s failure to disclose material facts.

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