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Tender Authority Cannot Impose Conditions Not Stated in Tender Notice: SC

November 2, 2025 1026 Views 0 comment Print

SC reaffirmed that disqualification of bids must strictly follow tender terms, holding that Mandi Parishad acted beyond its powers by rejecting a technical bid based on an unstated requirement for DM-issued solvency proof.

SC Bars Police From Summoning Lawyers for Client Details

November 2, 2025 711 Views 0 comment Print

Supreme Court ruled police cannot summon advocates regarding client criminal matters, upholding attorney-client privilege under Section 132 (BSA). Prior SP approval is now mandatory.

SC Upholds MCD Zoning Control, Denies De-Sealing of Rajinder Nagar Property

November 2, 2025 1026 Views 0 comment Print

SC clarified that Delhi’s mixed-use policy cannot be exploited for unrestricted business expansion. Only ground floors approved as shops can operate commercially; upper floors require prior conversion approval. Judgment safeguards planned urban development under MPD-2021.

Suspicion Can’t Replace Proof – ITAT Ahmedabad Upholds Deletion of ₹63.85 Lakh Addition u/s 68

November 2, 2025 702 Views 0 comment Print

The Tribunal rejected the Revenue’s appeal against deletion of a ₹63.84 lakh addition under Section 68, observing that the assessee had already declared the same transactions as sales in audited accounts. Citing CIT v. Vishal Exports Overseas Ltd., it held that taxing such income again would lead to double taxation. The order reinforces that genuine recorded transactions cannot be recharacterized as unexplained cash credits.

Interest on Escrow FDs Taxable Despite Agreement Cancellation: ITAT Pune

November 2, 2025 360 Views 0 comment Print

ITAT Pune held that interest credited on fixed deposits in assessee’s name remains taxable, even if underlying development agreement was later cancelled, as assessee retained ownership of account and TDS was deducted under her PAN.

Computation Error Isn’t Misreporting: ITAT Deletes 270A Penalty on 54F Claim

November 2, 2025 4878 Views 0 comment Print

ITAT Ahmedabad deleted the penalty under Section 270A(9) for an excess claim of deduction under Section 54F, ruling it was a computation error, not misreporting. The Tribunal held that since the assessee had fully disclosed all facts and the error didn’t involve fraud or suppression, the penalty couldn’t be sustained under the specific clauses of misreporting.

Transfer of Case Within Same City Needs No Fresh Notice: ITAT Upholds Reassessment

November 2, 2025 264 Views 0 comment Print

ITAT clarified that transfer of case between officers in the same city does not require a new notice or hearing, reinforcing that procedural continuity under Section 127(4) ensures jurisdictional validity.

Agricultural Land Beyond 8 km Limit Not Taxable as Capital Asset: ITAT Indore

November 2, 2025 1695 Views 0 comment Print

ITAT Indore held that land located beyond 8 km from nearest municipality does not qualify as a capital asset under Section 2(14)(iii), exempting gains from capital gains tax.

Donation & Salary Kickback: ITAT Ahmedabad Partly Upholds Additions

November 2, 2025 564 Views 0 comment Print

ITAT Ahmedabad partly allowed the Revenue’s appeal, fully upholding the addition for salary kickbacks based on overwhelming seized evidence showing a routine, systematic practice. The Tribunal confirmed that this consistent pattern justified extrapolation for the full year.

Typo Error in Recorded Reasons Doesn’t Invalidate Reassessment on Penny Stock LTCG

November 2, 2025 396 Views 0 comment Print

Rejecting assessee’s plea of invalid reopening, Tribunal ruled that minor clerical mistakes in reasons recorded under Section 147 do not vitiate proceedings if substantive material exists. Information disseminated through Insight Portal was sufficient to establish AO’s belief.

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