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Judiciary

Retrospective Amendment Cannot Invite Section 270A Penalty: ITAT Ahmedabad

August 23, 2025 930 Views 0 comment Print

Ahmedabad ITAT deletes a penalty under Section 270A for a deduction on education cess. The court ruled the claim was bona fide and not a case of misreporting.

Passing of assessment order u/s. 144 without issuance of notice u/s. 143(2) cannot be sustained

August 23, 2025 873 Views 0 comment Print

ITAT Visakhapatnam held that assessment order passed under section 144 of the Income Tax Act without issuance of notice under section 143(2) is not sustainable and liable to be quashed since failure to issue notice u/s. 143(2) cannot be cured u/s. 292BB.

Borrowed Satisfaction Not Valid for Reopening, ITAT Deletes ₹5.21 Cr Addition

August 23, 2025 498 Views 0 comment Print

The ITAT Ahmedabad has deleted a Rs.5.21 crore addition to income, ruling that the reassessment was invalid due to a lack of independent verification of the evidence.

CIT(A) Cannot Change or reverse his Decision Under Garb of Rectification

August 23, 2025 924 Views 0 comment Print

ITAT Jodhpur quashes a rectification order, ruling a CIT(A) cannot change a decision under the guise of rectifying a mistake apparent from the record.

Not Length but Cause of Delay Matters – 353-Day Delay Condoned

August 23, 2025 483 Views 0 comment Print

The ITAT Bangalore has condoned a 353-day appeal delay and set aside an ex parte order, emphasizing that the cause of the delay matters more than its length.

Bombay HC Acquits POCSO Accused, Citing Unreliable DNA Evidence

August 23, 2025 981 Views 0 comment Print

Bombay High Court acquits an accused in a POCSO case, highlighting that DNA reports alone are not sufficient for conviction if the chain of custody is flawed.

International payment on FCCDs to be determined adopting average SBI PLR

August 23, 2025 282 Views 0 comment Print

ITAT Chennai held that arm’s length price of interest paid on Fully Compulsory Convertible Debentures [FCCDs] issued in Indian denominated currency is to be determined by adopting average SBI Prime Lending Rate [PLR].

CPC cannot deny Section 80P deduction on belated return prior to AY 2021-22

August 23, 2025 738 Views 0 comment Print

ITAT Jodhpur rules that the CPC cannot deny an 80P deduction on belated returns for assessment years before 2021-22, as it lacked the authority under Section 143(1).

Grey Market Sourcing? Entire Bogus Purchases Can’t Be Disallowed

August 23, 2025 1167 Views 0 comment Print

ITAT Mumbai has ruled that when sales are genuine but purchases are bogus, only the embedded profit, typically 3%, should be added to income. The tribunal dismissed a revenue appeal, confirming the principle that entire bogus purchases cannot be disallowed.

Mere Disallowance of Interest Claim Doesn’t Warrant Penalty u/s 271(1)(c)

August 23, 2025 429 Views 0 comment Print

The Mumbai ITAT quashed a penalty under section 271(1)(c) against Ideal Energy Projects, citing that merely claiming a deduction is not furnishing inaccurate particulars.

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