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Judiciary

Appeal Can’t Be Dismissed Mechanically u/s 249(4)(b) – ITAT Grants Assessee Fresh Opportunity

September 17, 2025 318 Views 0 comment Print

The ITAT Kolkata bench restored an appeal, ruling that an appeal cannot be mechanically dismissed under Section 249(4)(b) and that natural justice demands a fair hearing.

ITAT Protects Assessee from Erroneous Double Taxation Due to Audit Report Error

September 17, 2025 300 Views 0 comment Print

ITAT Kolkata ruled that the assessee’s double addition in the tax audit was a genuine error, dismissing Revenue’s appeal for AY 2021-22.

Non-Speaking Ex Parte Order Quashed – ITAT Rajkot Sends Back Case with Costs

September 17, 2025 243 Views 0 comment Print

The ITAT Rajkot set aside a CIT(A) order against Prataprai Ranpariya, ruling that the ex-parte dismissal violated principles of natural justice. The Tribunal remanded the matter for a fresh hearing, imposing a Rs.2,000 cost on the assessee for non-compliance.

Allotment Date Counts for Indexation – PCIT Can’t Expand Limited Scrutiny – 263 Revision Quashed

September 17, 2025 495 Views 0 comment Print

ITAT deletes ₹2936 Cr penalty on CGTMSE, affirming its charitable nature and ruling proviso to Section 2(15) inapplicable. Prior ITAT rulings cited.

Section 263 Jurisdiction Fails – AO’s Plausible View in Search Cases Upheld

September 17, 2025 522 Views 0 comment Print

ITAT Jaipur quashes PCIT’s Section 263 revision orders, holding that assessments completed under Section 143(3) r.w.s. 148B post-search with Addl. CIT approval cannot be revised merely to apply higher tax rates under Section 115BBE.

Rajasthan HC Directs Refund of Income Tax Collected Under Coercion With Interest

September 16, 2025 927 Views 0 comment Print

The Rajasthan High Court orders the refund of Rs. 24 lakh collected during a search, citing no valid demand. The court also imposes a 12% interest and a penalty.

No Service Tax on Income Declared Under Income Tax Survey: CESTAT Delhi

September 16, 2025 819 Views 0 comment Print

The CESTAT ruled that a service tax demand cannot be based solely on income declared during an income tax survey without corroborating evidence of taxable services.

Delay in Filing GST Appeal Condoned Due to Partner’s Medical Emergency: Calcutta HC

September 16, 2025 801 Views 0 comment Print

The Calcutta High Court has set aside an appellate authority’s order rejecting a GST appeal on grounds of a 56-day delay.

Depreciation on EOU Capital Goods Allowed Only Till Debonding, Not Duty Payment: CESTAT

September 16, 2025 1281 Views 0 comment Print

CESTAT Hyderabad ruled that depreciation on capital goods under EOU scheme is admissible only until date of de-bonding, not until date of duty payment.

200% GST Penalty Set Aside for Expired E-Way Bill Caused by Traffic Jam

September 16, 2025 1731 Views 0 comment Print

The Calcutta High Court has set aside a 200% GST penalty on a business for an expired e-way bill, ruling the tax authority failed to prove an intent to evade tax.

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