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Judiciary

2240-Day Delay in Filing Appeal Not Condoned & Dismissed for Contradictory Pleas

September 23, 2025 312 Views 0 comment Print

ITAT Mumbai dismisses Krishna Residency CHS’s appeal, refusing to condone a 2240-day (over six-year) delay. The tribunal found the society’s explanations for the delay contradictory and unsubstantiated, upholding the lower authority’s decision.

Time-Barred Section 148 Notice Nullifies 263 Revision: ITAT Mumbai Quashes PCIT’s Order

September 23, 2025 642 Views 0 comment Print

The ITAT ruled that a PCIT cannot use Section 263 to revise an assessment order that is “non-est” in law due to a procedural defect.

Borrowings for Capital Reduction – Interest Deductible; Buyback Tax Inapplicable Pre-01.06.2016

September 23, 2025 669 Views 0 comment Print

The ITAT Mumbai has ruled that interest on borrowed funds used for capital reduction is a valid business expense under Section 36(1)(iii) of the Income Tax Act. The tribunal also clarified that the buyback tax under Section 115QA cannot be applied to capital reduction transactions completed before the June 1, 2016 amendment.

No Section 147 Reopening on Third-Party Search Material: ITAT Raipur

September 23, 2025 825 Views 0 comment Print

The ITAT Raipur quashed the reopening of an assessment under Section 147, ruling that search-based cases on third-party material must be initiated under Section 153C.

AO Must Refer to DVO Before 56(2)(x) Addition – ITAT Follows Calcutta HC Ruling

September 23, 2025 816 Views 0 comment Print

ITAT Kolkata set aside a tax addition under Section 56(2)(x), ruling that the AO must offer a DVO valuation before relying solely on the property’s stamp duty value.

ITAT Dismisses Appeal for Defects and Delay in Filing despite 10 chances

September 23, 2025 609 Views 0 comment Print

The ITAT Visakhapatnam dismissed an appeal due to persistent defects. The ruling high-lights that failing to submit mandatory documents and fees can lead to an outright dismissal.

Full Sale Consideration Taxed as STCG – ITAT Remands Case for Merits-Based Adjudication

September 23, 2025 195 Views 0 comment Print

Mumbai ITAT has set aside an ex parte tax assessment, ruling that a genuine dispute between partners was a valid reason for non-compliance.

ITAT Visakhapatnam Grants Final Opportunity in Section 80P Deduction Dispute

September 23, 2025 237 Views 0 comment Print

The ITAT has granted a final opportunity to a cooperative society in a tax dispute, despite its repeated defaults, to ensure a fair hearing on the merits of the case.

Exporter’s Refund Rejection Quashed By Delhi High Court- Date Of LUT Timing Held Irrelevant

September 22, 2025 1458 Views 0 comment Print

Delhi HC sets aside the rejection of an exporter’s GST refund, ruling the department’s reasoning was flawed as the LUT was filed before exports.

Penalty quashed u/s 129 of CGST Act for solely relying on supplier’s statement

September 22, 2025 1404 Views 0 comment Print

Calcutta High Court quashed a GST penalty under Section 129, ruling the tax authority relied solely on an unverified supplier statement without proving intent to evade tax.

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