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Judiciary

Reopening Invalidated – Less Than 7 Days’ Notice Violates section 148A(b)

September 28, 2025 1824 Views 0 comment Print

The ITAT Nagpur set aside a reassessment that added Rs. 11 lakhs to income, ruling that the AO violated Section 148A(b) by providing only 6 clear days for the taxpayer’s response, contrary to Bombay and Calcutta High Court precedents.

ITAT Delhi Deletes Sundry Debtors Addition for Jeweller, Restricts Bogus Purchases to 10%

September 28, 2025 444 Views 0 comment Print

Tribunal deleted ₹15.20 lakh addition of unconfirmed sundry debtors and limited bogus purchase disallowance to 10%, citing regular books and stock records.

CIT(A) Cannot Dismiss Appeal in Limine, ₹3.80 Cr Addition Remanded for Fresh Hearing

September 28, 2025 534 Views 0 comment Print

ITAT Lucknow set aside CIT(A)’s summary dismissal of Alok Gupta’s appeal, ruling the lack of a speaking order violates s.250(6). Remanded for fresh hearing on rS.3.80 Cr addition.

ITAT Nagpur Deletes ₹20.32 Lakh Addition as Unexplained Investment Lacks Evidence

September 28, 2025 723 Views 0 comment Print

The ITAT Nagpur condoned a 489-day delay and, on merits, deleted an addition of ₹20,32,500 made under Section 69, holding that the Assessing Officer failed to provide substantive evidence or corroboration that the investment was made in the relevant assessment year, A.Y.

Suspicion Can’t Replace Evidence: ₹1.49 Cr Addition Based on Loose Papers deleted

September 28, 2025 819 Views 0 comment Print

ITAT Jaipur, confirmed deletion of an addition of Rs. 1.49 crore made under Section 69A of Income Tax Act, which Assessing Officer treated as unexplained cash loans.

Income Tax Assessment Void Without Draft Order for Non-Residents: ITAT Delhi:

September 28, 2025 960 Views 0 comment Print

Delhi ITAT dismissed Revenue’s appeal, ruling final assessment on non-resident Sneh Sharma void for AO’s failure to issue mandatory draft assessment order under Section 144C.

Penalty u/s 271(1)(c) Dependent on Quantum – Tribunal Remands Back to NFAC

September 28, 2025 399 Views 0 comment Print

The ITAT Raipur set aside penalties under Section 271(1)(c) levied on Sai Baba Sansthan for A.Y. 2012-13 and 2013-14, remanding the matter to the NFAC. The Tribunal held that the penalty’s survival is contingent upon the NFAC upholding the quantum additions on a de novo adjudication, relying on Supreme Court and Delhi High Court precedents.

ITAT Delhi Quashes Reassessment– Wrong Authority’s Approval Invalidates 148 Notice

September 28, 2025 729 Views 0 comment Print

ITAT Delhi quashes reassessment (AY 2016-17) and deletes Rs.2.25 Cr LTCG addition after finding that PCIT, not PCCIT, gave the required Section 151 approval.

Calcutta High Court Dismisses GST Writ for Appeal Delay, Imposes ₹50,000 Costs

September 28, 2025 639 Views 0 comment Print

The Calcutta High Court refused to intervene in a GST demand order under Section 73, rejecting a writ petition filed eight months late. The Court held that statutory appellate remedies cannot be bypassed when the case does not involve jurisdictional issues or violation of natural justice.

Unsecured Loan Addition Sustained, Expense Disallowances Deleted: ITAT Delhi Ruling

September 28, 2025 498 Views 0 comment Print

ITAT confirmed GP and unsecured loan additions but deleted expense disallowances, ruling that rebates and receipt-backed rent are valid business expenses without a proven personal element.

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