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Judiciary

Ex Parte Assessment Quashed: HC Grants Fresh Opportunity Due to Bona Fide Non-Appearance

November 6, 2025 300 Views 0 comment Print

The Karnataka High Court set aside the ex parte assessment, penalty, and demand orders passed under Sections 143(3) and 144B, accepting the taxpayer’s plea of bona fide non-appearance. The court adopted a justice-oriented approach, remitting the case back to the Assessing Officer for a fresh consideration from the show-cause notice stage.

Section 281B Attachment Invalid on Property Not Owned by Assessee: Karnataka HC

November 6, 2025 450 Views 0 comment Print

The Karnataka High Court struck down an Income Tax attachment under Section 281B because the property was exclusively owned by a non-assessee petitioner who acquired it through valid transactions. The court ruled that tax recovery cannot attach property not belonging to the actual assessee, making the order illegal.

CIRP against Haran Chandra Cold Storage Pvt. Ltd. initiated as financial debt and default proved

November 6, 2025 414 Views 0 comment Print

NCLT Kolkata held that application under section 7 of the Insolvency and Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against Haran Chandra Cold Storage Pvt. Ltd. [Corporate Debtor] is admitted since financial debt and default is duly established.

No Retrospective Power to Cancel Registration under Section 12AB(4): ITAT Bangalore

November 6, 2025 612 Views 0 comment Print

ITAT Bengaluru held that cancellation of charitable registration under Section 12AB(4) cannot operate retrospectively for years prior to AY 2022-23. The order of the PCIT (Central) cancelling the trust’s registration for earlier years was quashed as legally untenable.

Mediation family settlement upheld as sum received under consent terms

November 6, 2025 264 Views 0 comment Print

NCLAT Delhi held that mediation family settlement upheld since entire sum as per consent terms duly received. Accordingly, the appeals are dismissed.

ITAT Deletes Rs.31 Cr Addition: No Fresh Material to Disprove Genuine Investments

November 6, 2025 306 Views 0 comment Print

The Kolkata ITAT deleted a Rs.31 crore unexplained cash credit addition under Section 68 on the sale of shares, ruling the AO mechanically relied on an investigation report without fresh evidence. The tribunal held that investments accepted by the Department in previous years and confirmed via an NCLT merger cannot be summarily taxed upon sale.

No Error, No Prejudice – AO’s ICDS Verification Upheld- ITAT Quashes 263 Action

November 6, 2025 363 Views 0 comment Print

The Kolkata ITAT quashed the Section 263 revision, confirming that the Assessing Officer (AO) had specifically examined and accepted the ICDS adjustments during scrutiny. The tribunal held that when the AO conducts due inquiry and takes a plausible view, the assessment is neither erroneous nor prejudicial to the Revenue’s interest.

Reassessment Notices Issued Without Jurisdiction Under Section 151A Invalid: Karnataka HC

November 6, 2025 1194 Views 0 comment Print

The Karnataka High Court struck down the Section 148 reassessment notice for being issued outside the jurisdiction/scope defined by Section 151-A. This decision invalidates the subsequent assessment, penalty, and demand, pending a final verdict from the Supreme Court on the core legal issue.

Software Payments Not Royalty Under Income Tax Law: Karnataka HC

November 6, 2025 1080 Views 0 comment Print

The Karnataka High Court dismissed the Revenue’s appeal, confirming that payments for software usage to a non-resident are not taxable as royalty under the Income Tax Act or DTAA. The court held the issue was conclusively settled by its own and the Supreme Court’s prior rulings in the assessee’s and similar cases.

Private Bus Operators Cannot Ply on Notified Routes Under Inter-State Transport Agreements: SC

November 6, 2025 786 Views 0 comment Print

SC held that private stage carriage operators cannot be granted permits on inter-State routes overlapping notified intra-State routes, reaffirming that State transport schemes under Chapter VI of Motor Vehicles Act override inter-State agreements.

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