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Judiciary

Exemption Denial Due to Clerical Error Sent Back for Fresh Hearing: ITAT Ahmedabad

November 8, 2025 471 Views 0 comment Print

ITAT Ahmedabad remanded the case of a charitable trust whose exemption claim was rejected owing to mismatched registration details, directing a fresh decision after hearing the assessee.

Madras High Court Allows Reassessment Under GST on 25% Tax Deposit

November 8, 2025 1296 Views 0 comment Print

The Madras High Court set aside an ex parte GST assessment order and remanded the matter for fresh adjudication, directing the petitioner to deposit 25% of the disputed tax.

SCN Must Specify Date and Time for GST Personal Hearing: Telangana HC

November 8, 2025 330 Views 0 comment Print

A GST registration cancellation was quashed because the initial Show Cause Notice (Form GST REG-17) did not include a definite date and time for the taxpayer to appear, failing to meet the requirements of Rule 22(1).

PCIT Cannot Recast Business Disallowance as Unexplained Expenditure Under Section 69C

November 8, 2025 480 Views 0 comment Print

The ITAT held that the PCIT incorrectly invoked Section 263 to substitute the AO’s plausible view, ruling that a business disallowance under Section 37(1) does not automatically become deemed income under Section 69C.

Reassessment Notice Against Deceased Person Declared Null by Gujarat HC

November 8, 2025 1113 Views 0 comment Print

The Gujarat High Court held that a reassessment notice issued in the name of a deceased person is void and unenforceable, quashing the notice and related order.

CIT(E) Cannot Reject 12AB Registration Based on Profit or Financial Analysis

November 8, 2025 3219 Views 0 comment Print

ITAT Chennai ruled that the CIT(E)’s scope for Section 12AB registration is limited to verifying charitable objects and activity genuineness, not conducting a full assessment of commercial income. The Tribunal directed the grant of registration.

Penalty Proceedings to Wait Till TDS on Foreign Freight Issue Decided: Madras HC

November 8, 2025 456 Views 0 comment Print

The Madras High Court held that recovery of penalty under Section 271(1)(c) shall remain stayed when the main income tax appeal involving related issues has been admitted by the court.

CESTAT Mumbai Quashes ₹2.44 Crore Customs Demand for Lack of Proof Against Thai-Origin Goods

November 8, 2025 837 Views 0 comment Print

The issue was whether customs could deny AIFTA duty exemption for ten consignments based only on irregularities found in a separate, single import. The CESTAT set aside the duty demand, holding that the exemption cannot be denied without a finding on the authenticity or validity of the individual Certificate of Origin (COO).

Department cannot recover Income tax or adjust refunds during subsistence of stay order

November 8, 2025 1185 Views 0 comment Print

The Bombay High Court ruled that the Assessing Officer’s steps under Section 148A, taken despite a continuing stay order, were illegal and directed refund adjustment amounts to be deposited in court.

TDS on CAM Charges Liable at 2% Under Section 194C, Not as Rent: ITAT Delhi

November 8, 2025 1008 Views 0 comment Print

The Tribunal found that CAM payments are contractual in nature and not for use of property, making 2% TDS deduction under Section 194C appropriate.

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