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Failure to Consider Evidence Cannot Deny Section 54F/54EC Benefits: ITAT Mumbai

November 19, 2025 603 Views 0 comment Print

Tribunal upheld capital gains exemptions after finding that assessee had furnished proof of investments under sections 54F and 54EC. The ruling confirms that omission to consider evidence cannot justify denial of statutory relief.

SCN With One-Day Deadline Invalid: ITAT Condoned Delay Arising from Husband’s Death

November 19, 2025 366 Views 0 comment Print

The Tribunal held that granting only one day to reply to a show-cause notice violated principles of natural justice. The assessment order was set aside and the matter remanded for fresh examination.

AO Cannot Replace Evidence with Online Estimates: Tribunal Deletes Agricultural Income Addition

November 19, 2025 798 Views 0 comment Print

Tribunal held that AO erred by rejecting agricultural income based on estimated rates and online data while ignoring affidavits from buyers. It ruled that uncontroverted evidence cannot be replaced by assumptions, leading to deletion of ₹1.20 crore addition.

No Section 194-IA TDS Needed as Payment to Each Co-Owner Below ₹50 Lakh, So 234E Levy Set Aside

November 19, 2025 912 Views 0 comment Print

The ruling found no liability to deduct TDS because individual payments to transferors were below the statutory threshold. Consequently, the fee and interest imposed under Section 234E were set aside.

Notices Quashed for Non-Faceless Procedure Under Sections 148A and 148

November 19, 2025 3864 Views 0 comment Print

The High Court set aside reassessment notices for not following mandatory faceless procedures introduced by recent Finance Act amendments. The ruling underscores that non-faceless issuance violates statutory requirements.

Real Estate Income Issue Remanded as Section 44AD Claim Unaddressed: ITAT Nagpur

November 19, 2025 618 Views 0 comment Print

The Tribunal held that additions made by treating real estate receipts as capital gains required fresh verification. The case was remanded as the earlier order failed to examine the assessee’s claim of business income under section 44AD.

Cost Guidelines in Cheque Dishonour Settlements Not Binding in All Cases: SC

November 19, 2025 756 Views 0 comment Print

The Court held that cost directions based on earlier guidelines cannot be enforced as binding precedent. It set aside the imposed costs since the complainant sought no further payment and the appellant could not comply.

Customs Reassessment Quashed as CESTAT Finds Reclassification Ultra Vires Notification & Beyond Jurisdiction

November 19, 2025 468 Views 0 comment Print

The CESTAT Mumbai allowed an appeal against customs duty reassessment, holding that reclassification of copper busbars for EOU imports exceeded authorities’ jurisdiction and violated notification provisions.

Intent to evade Service Tax on Property Renting cannot be attributed to a government authority

November 19, 2025 477 Views 0 comment Print

The Tribunal held that the extended period could not be invoked because the Department was already aware of the appellant’s activities. Service tax was upheld only for the normal period, and the matter was remanded for recalculation.

J&K HC Orders GST Registration Restoration Subject to Filing Returns & Paying Dues

November 19, 2025 579 Views 0 comment Print

HC held that delayed appeals need not prevent GST Registration restoration when taxpayer undertakes to file returns and pay outstanding dues. Restoration was directed subject to completing statutory formalities.

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