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Digital Illiteracy Held Valid Ground to Condon Appeal Delay

December 30, 2025 402 Views 0 comment Print

The tribunal ruled that lack of digital literacy and non-receipt of electronic orders constitute sufficient cause for delay in filing an appeal. A liberal approach was adopted to ensure substantial justice, and the appeal was restored for decision on merits.

Section 148A and 148 Notices Quashed for Breach of Mandatory Faceless Procedure

December 30, 2025 729 Views 0 comment Print

he tribunal held that reassessment notices issued by the jurisdictional assessing officer instead of the faceless authority violate the mandatory faceless assessment framework. Such jurisdictional defects render the entire reassessment proceedings void ab initio.

Notional Addition on Alleged Understatement of Sales — Held Without Authority of Law

December 29, 2025 471 Views 0 comment Print

The Tribunal held that the tax department cannot substitute actual sale consideration with a notional market price without express legal provision, and deleted the entire addition.

Old Cash Withdrawal Claim Rejected for Demonetisation Deposits

December 29, 2025 558 Views 0 comment Print

The Tribunal upheld addition of demonetisation cash deposits after rejecting the claim that funds came from old cash withdrawals. Mere assertion of past withdrawals, without evidence of cash retention, was held insufficient.

Mechanical Appellate Order Quashed for Ignoring Rule 46A

December 29, 2025 489 Views 0 comment Print

The Tribunal found the appellate order mechanical where Rule 46A evidence was filed but not examined. The matter was sent back for fresh adjudication after proper verification.

Interim Compensation Not Taxable Until Final Court Settlement

December 29, 2025 522 Views 0 comment Print

The Tribunal held that compensation received under interim court orders is contingent and does not accrue as income. Taxability arises only in the year when litigation is finally settled and the amount crystallises.

60% Tax Under Section 115BBE Not Applicable Before 1 April 2017

December 29, 2025 711 Views 0 comment Print

The Tribunal held that the enhanced 60% tax rate cannot apply to transactions before 01.04.2017. For AY 2017-18, unexplained cash additions relating to earlier transactions are taxable only at 30%.

Half-Way Condonation Invalid: Time-Barred Appeal Can’t See Merits

December 29, 2025 462 Views 0 comment Print

The Tribunal ruled that once an appeal is rejected as time-barred, the appellate authority cannot adjudicate it on merits. A contradictory approach violates jurisdictional discipline and warrants remand.

NFAC Order Quashed for Casual and Non-Application of Mind

December 29, 2025 240 Views 0 comment Print

ITAT ruled that an appeal cannot be rejected mechanically on alleged defects when records show compliance. The case was remanded for fresh, reasoned adjudication after proper hearing.

Limitation Runs From Statutory Reply Period, Not Actual Reply Date

December 29, 2025 495 Views 0 comment Print

The issue was whether reassessment notices issued after April 2021 were valid. The Tribunal held that notices issued beyond the surviving time limit were barred, rendering all reassessment proceedings void.

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