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Judiciary

CIT(A) Empowered to Set Aside Assessment Post 01.10.2024 Amendment: ITAT Delhi

September 15, 2025 780 Views 0 comment Print

ITAT Delhi has dismissed a revenue appeal, confirming that a CIT(A) can set aside an ex-parte assessment and remand case for fresh adjudication, citing a recent amendment to tax law.

Exemption u/s 11 Cannot Be Denied When 12AA Registration Exists: ITAT Delhi

September 15, 2025 720 Views 0 comment Print

The ITAT Delhi ruled that a charitable society’s tax exemption cannot be denied if its registration remains valid. The tribunal emphasized the need for consistency, setting aside a demand based on a factual error.

SBNs deposits Not Taxable Again as Cash Credits in Wine Trader Case: ITAT Bangalore

September 15, 2025 318 Views 0 comment Print

ITAT Bangalore rules against taxing SBNs as unexplained cash when deposits are linked to legitimate business sales, preventing double taxation.

ITAT Pune Quashes Reassessment u/s 147, Says Search Cases Must Proceed u/s 153C

September 15, 2025 918 Views 0 comment Print

The Pune ITAT quashed a reassessment order, ruling that proceedings initiated under Section 147 were invalid. The tribunal held that information from a third-party search mandates proceedings under Section 153C, not Section 147.

Consequential Section 143(3) r.w.s. 263 Assessment Invalid Once 263 Quashed: ITAT Mumbai

September 15, 2025 1005 Views 0 comment Print

ITAT Mumbai rules that a revised assessment order becomes invalid when the original Section 263 revision order on which it was based is quashed.

No Section 69A Addition for Normal Business Deposits during Demonetisation

September 15, 2025 870 Views 0 comment Print

The Mumbai Income Tax Appellate Tribunal (ITAT) ruled in favor of Suraj Somaru Varma, a Business Correspondent agent, deleting an addition of ₹9.16 lakh made under Section 69A. The Tribunal held that the demonetized currency deposits were not unexplained income but part of normal business operations, as Varma was authorized by RBI and maintained proper records.

Denial of TDS Credit Unsustainable When Entries Duly Reflected in Form 26AS

September 15, 2025 933 Views 0 comment Print

The Mumbai ITAT ruled that TDS credit cannot be denied if the amount is correctly reflected in Form 26AS, directing the tax authorities to allow the claim.

Rule 7 of Central Excise Rules and section 12B of Central Excise Act doesn’t apply in provisional assessment

September 15, 2025 345 Views 0 comment Print

Karnataka High Court held that the provisions of Rule 7 of the Central Excise Rules and Section 12B of the Central Excise Act are not applicable in cases of provisional assessment. Accordingly, appeals of revenue stand dismissed.

Madras HC Quashes GST Order Passed Without Personal Hearing

September 15, 2025 603 Views 0 comment Print

The Madras High Court quashed a tax order against Natural Remedies Pvt. Ltd., citing a violation of natural justice. The court held that the company was denied a personal hearing and its reply was not considered.

Imposition of punishment of censure by Tribunal instead of disciplinary authority cannot be sustained

September 15, 2025 495 Views 0 comment Print

Madras High Court held that Tribunal cannot convert itself into a disciplinary authority and impose punishment of censure. Accordingly, order punishment of censure is liable to be quashed and set aside.

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