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ITAT Quashes Section 148 Notice Beyond 3 Years for Wrong Section 151 Approval

November 21, 2025 609 Views 0 comment Print

The Tribunal found that sanction must come from the Principal Chief Commissioner when reopening is beyond the three-year period prescribed by the amended law. Because the approval was taken from the Pr. CIT, the reassessment lacked jurisdiction and was invalidated.

SC Rules EPF Dues Outrank Secured Creditors Despite SARFAESI Priority

November 21, 2025 1176 Views 0 comment Print

The judgment confirmed that Section 11(2) of the EPF Act creates a first charge that overrides SARFAESI’s priority clause. Thus, provident fund contributions, interest, penalties, and damages must be paid before clearing secured creditors’ dues.

SC Reasserts Judicial Independence – Strikes Down Age & Practice Bar Affecting Advocates & CAs

November 20, 2025 957 Views 0 comment Print

The SC invalidated 50-year age and 25-year practice requirements for advocates and CAs, reaffirming merit-based eligibility and protecting tribunal efficiency.

Non-Speaking NFAC Order Set Aside: Raipur ITAT Remands Section 68 Addition & Ad-Hoc Expense Disallowance

November 20, 2025 633 Views 0 comment Print

Raipur ITAT remanded the section 68 addition of ₹14.3 lakh, observing that NFAC/CIT(A) failed to examine confirmations, ITRs, or facts. The order lacked independent reasoning and was set aside for fresh adjudication.

ITAT Mumbai Deletes ₹1.26 Cr Income Addition for Lack of Income Character

November 20, 2025 882 Views 0 comment Print

Tribunal held that Rule 8D disallowance cannot exceed the assessee’s total claimed expenditure and directed restriction of the 14A addition. The ruling clarifies limits on 14A disallowances where expenses are minimal.

FIU-IND had not justified imposing ₹10,000 per suspicious transaction for delay: SAFEMA

November 20, 2025 486 Views 0 comment Print

Tribunal affirms major penalties for widespread delays and non-reporting of NTRs, STRs, and CBWTRs. Held that systemic AML lapses cannot be excused by technical issues; strict compliance is mandatory.

Tribunal Orders De-Novo Inquiry After Wrong Reliance on Recalled SC Judgment

November 20, 2025 2283 Views 0 comment Print

The Tribunal set aside the earlier order because it had relied on the now-recalled Ganpati Dealcom judgment while excluding pre-2016 funding from scrutiny. The matter has been sent back for fresh adjudication, ensuring the Benami allegations are reconsidered on merits.

FEMA Penalty Reduced but Violation Confirmed for Netting-Off Unauthorised Foreign Commission

November 20, 2025 2508 Views 0 comment Print

Tribunal reduces FEMA penalty from ₹30 lakh to ₹10 lakh, confirming that unauthorised netting-off of ₹1.72 crore foreign commission violated statutory repatriation rules.

Tribunal Upholds FD Attachment: Deep Shareholding Links Justify Treating Assets as Proceeds of Crime

November 20, 2025 390 Views 0 comment Print

The Tribunal ruled that even without direct fund transfer, deep financial and management integration justified tagging the deposits as value of proceeds of crime. The attachment was sustained as the company formed part of the same economic group.

PMLA Attachment Upheld for Supplying Cheaper Water Instead of Rail Neer

November 20, 2025 414 Views 0 comment Print

The Court upheld provisional attachment of Rs. 1.35 crore, finding the Appellant supplied cheaper PDW while claiming reimbursement at Rail Neer rates. The loss to the government and breach of mandatory supply obligations justified the action.

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