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Judiciary

ITAT Condones Delay, Restores Appeal Challenging Capital Gain Hike Due to Clerical Error

October 4, 2025 480 Views 0 comment Print

ITAT Surat condones delay in appeal against an increased capital gain demand under Sec. 143(1), ruling the delay was justified by the assessee’s pursuit of rectification remedy.

ITAT Kolkata Partly Allows Business Expense Claims in Painting Business

October 4, 2025 303 Views 0 comment Print

ITAT Kolkata restricts disallowance of painting business expenses to 20%, ruling that entire disallowance for lack of vouchers was excessive given the ongoing business activity.

Calcutta HC Appoints Arbitrator, Holds NCLT Proceedings Do Not Bar Arbitration

October 4, 2025 678 Views 0 comment Print

Calcutta High Court allows SREI Finance’s arbitration plea for Rs.130 Cr loan default, ruling that NCLT fraud allegations are triable issues for the arbitrator, not a bar.

Orissa HC Dismisses GST Writ, Directs Dealer to Avail Statutory Appeal for ITC Dispute

October 4, 2025 549 Views 0 comment Print

Orissa HC dismisses writ against Rs.72 Lakh GST ITC rejection based on ‘fake invoices’ and ‘non-existent suppliers,’ directing the taxpayer to pursue the statutory appellate remedy.

ITAT Indore Restores Ex-Parte Assessments for Fresh Hearing Amid Natural Justice Concerns

October 4, 2025 285 Views 0 comment Print

ITAT Indore remands assessment orders for AYs 2013-14 to 2018-19 to the AO for de novo consideration, finding that non-compliance during proceedings occurred due to the COVID-19 pandemic and an inoperative email ID, violating natural justice.

Mutual Fund Redemption Treated as Sale; ITC Reversal Rules Apply: AAAR Gujarat

October 3, 2025 1746 Views 0 comment Print

Gujarat AAAR rules Zydus Lifesciences must reverse ITC on inputs linked to mutual fund transactions, treating them as exempt supplies under GST law.

Reassessment Notice Invalid If PCIT Approval is Ritualistic & Mechanical: ITAT Delhi

October 3, 2025 684 Views 0 comment Print

ITAT Delhi sets aside reassessment, ruling the PCIT’s ritualistic S. 151 approval for S. 148 notice invalidates the proceedings; “mechanical approval is fatal.”

Gujarat HC quashed inflated tax assessment of ₹393.97 crore issued on a non-existent PAN

October 3, 2025 576 Views 0 comment Print

An assessment order passed in the name of a non-existent entity, such as a company that has been amalgamated into another, was a fundamental jurisdictional error and was null and void from the beginning.

Genuineness and validity of will are civil disputes it cannot be adjudicated by GST authorities

October 3, 2025 717 Views 0 comment Print

Telangana High Court held that genuineness and validity of will are civil disputes and should not be adjudicated by TSGST authorities since appropriate jurisdiction in such matter lies with the Civil Court.

ITAT Delhi deletes Accommodation Entry Addition of ₹11.54 Cr – Suspicion not Proof

October 3, 2025 525 Views 0 comment Print

ITAT Delhi deletes ₹11.54 crore addition on loan transactions, ruling the S. 147 reassessment invalid and confirming “suspicion is not proof” for genuine loans.

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