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Behind Bars, But Not Beyond Justice: Ex-Parte Orders Set Aside as Assessee Was in Prison

November 17, 2025 411 Views 0 comment Print

The Tribunal set aside ex-parte assessments and appellate orders because the assessee was incarcerated during proceedings. All cases were remanded to the AO for de-novo assessment with directions to grant fair hearing. Takeaway: incarceration does not exempt authorities from observing natural justice.

No 143(1) Show-Cause Issued: ITAT Quashes ₹5.73 Cr Demand for TDS Mismatch

November 17, 2025 4767 Views 0 comment Print

The Tribunal held that a 143(1)(a) adjustment denying ₹5.05 crore TDS credit was invalid because no mandatory show-cause intimation was issued. It ruled that a 139(9) defect notice cannot substitute the statutory opportunity required under 143(1), resulting in deletion of the entire ₹5.73 crore demand.

ITAT Deletes ₹5.89 Cr Addition, Retains ₹25 Lakhs: Cash Sales Not Taxable Under 68/115BBE

November 17, 2025 666 Views 0 comment Print

Tribunal held that demonetisation cash deposits represented genuine business sales and could not be taxed as unexplained income under sections 68/115BBE. Only ₹25 lakhs was sustained due to incomplete explanation, with the remaining addition deleted.

No Evidence, No Rigging, No Bogus LTCG – Penny-Stock Theory Fails

November 17, 2025 5325 Views 0 comment Print

The order reiterates that mere unusual price movement or high returns do not convert a scrip into a penny stock. With identical facts earlier examined and accepted, the Tribunal followed precedent and removed all additions.

Section 69 addition basis WhatsApp chats untenable sans source device/Evidence Act certificate: ITAT Mumbai

November 17, 2025 4485 Views 0 comment Print

The Tribunal held that unverified WhatsApp chats without Section 65B certification cannot justify additions under Section 69A. Key takeaway: digital messages must be authenticated and corroborated before being used against taxpayers.

All About Inverted Duty Structure under GST (including impact of GST 2.0) (Practical FAQs)

November 17, 2025 6789 Views 1 comment Print

A complete guide to understanding when IDS arises, who can claim refunds, and how GST 2.0 rate changes affect refund eligibility. Key takeaway: Refunds are allowed only for accumulated ITC on inputs where tax rates invert.

Permanent Account Number (PAN)

November 17, 2025 597273 Views 11 comments Print

Understand PAN requirements, mandatory transactions, application rules, Aadhaar linkage, penalties, and correction procedures. A detailed guide on compliance and essential PAN-related provisions.

Annual Information Statement (AIS): Guide to Income Tax Reporting

November 17, 2025 21129 Views 1 comment Print

AIS provides taxpayers with consolidated financial and tax information for accurate return filing. It includes TDS, SFT, GST data, remittances, proceedings, and more, accessible through the e-filing portal.

Compounding of Offences under Income-tax Act, 1961

November 17, 2025 21906 Views 1 comment Print

New CBDT guidelines from 17-10-2024 revise procedures, eligibility, and charges for compounding income-tax offences. Covers filing rules, defect correction, repeat offence charges, and cases needing higher approval.

Section 40A: Expenses or payments not deductible in certain circumstances

November 17, 2025 15522 Views 0 comment Print

Summary of Section 40A disallowances, including payments to related parties, cash payments, gratuity provisions, non-statutory fund contributions, and marked-to-market losses under tax rules.

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