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Section 264 Revision Cannot Be Denied on Technicalities for Elderly Alzheimer’s Patient

December 1, 2025 798 Views 0 comment Print

The High Court held that the Commissioner did not properly apply the wide discretionary powers under section 264. The matter was remanded for fresh consideration in light of the petitioner’s circumstances and submitted records.

Tribunal Affirms Set-Off of Lower of Book Loss or Unabsorbed Depreciation Under 115JB

December 1, 2025 558 Views 0 comment Print

The tribunal held that brought-forward losses and unabsorbed depreciation remain in the books until fully absorbed and must be allowed as reduction under Section 115JB. The ruling rejects the Revenue’s stand and upholds the CIT(A)’s deletion of the addition.

Block Assessment Can Use Search Evidence & Related Material: SC Upholds HC View

December 1, 2025 414 Views 0 comment Print

Court held that undisclosed income under Chapter XIV-B may be computed using both seized search material and other information connected to it. The ruling confirms the Assessing Officer’s power to rely on post-search enquiries if they relate to search evidence.

Undisclosed Income May Be Assessed Using Search Material & Related Information: HC

December 1, 2025 324 Views 0 comment Print

The High Court ruled that undisclosed income can be assessed using both search material and other information relatable to it, confirming the ITAT’s interpretation of Section 158-BB.

ITAT Cannot Uphold Section 263 Revision on Grounds Not Raised by Commissioner: Kerala HC

December 1, 2025 405 Views 0 comment Print

The Kerala High Court held that the Commissioner’s suo motu revision under Section 263 was unjustified, confirming that donations to other charitable trusts qualify as application of income under Section 11.

Allahabad HC Admits Appeals on Alleged Benami Property and Cash Seizure

December 1, 2025 681 Views 0 comment Print

The High Court examined a claim that cash recovered during raids originated from a 2008 family settlement. The authorities challenged this, citing suspicion of illegal gratification and procedural gaps.

Customs SCN Extension Under Section 110 Valid Only if Approved Before 6-Month Expiry

November 30, 2025 1059 Views 0 comment Print

Delhi High Court holds that an extension of the six-month period to issue a show-cause notice under Section 110(2) of the Customs Act must be communicated before expiry of the initial period. Delay in issuance renders detention invalid.

Excise Duty Exemption Denied as Goods Sold to Intermediary, Not Exported

November 30, 2025 372 Views 0 comment Print

The court held that goods supplied to an intermediary did not qualify for export duty exemption, affirming that factual findings by the Tribunal were correct.

Bail Granted Amid Allegations of Paper Transactions & Fake ITC Claims

November 30, 2025 786 Views 0 comment Print

Punjab and Haryana High Court granted bail to a petitioner accused of availing ineligible GST Input Tax Credit worth Rs. 6.09 crore. The court cited completed investigation, documentary evidence, and absence of custodial interrogation as grounds for bail.

Delay Condoned as GST Order Was Uploaded in Incorrect Portal Tab: Calcutta HC

November 30, 2025 909 Views 0 comment Print

The Court held that it was unreasonable to expect taxpayers to locate orders under the “Additional Notices and Orders” tab and directed the delayed appeal to be heard on merits. The key takeaway is that delay caused by such portal-related issues must be condoned.

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