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Judiciary

ITAT Bangalore quashes Section 263 Order on Section 54F Deduction

June 30, 2025 576 Views 0 comment Print

ITAT Bangalore quashed a Section 263 revision order concerning a Section 54F deduction, citing insufficient inquiry by Assessing Officer and lack of adequate opportunity for taxpayer.

Statement recorded u/s. 108 cannot be considered as evidence u/s. 138B of Customs Act

June 30, 2025 1428 Views 0 comment Print

CESTAT Delhi held that statement recorded under section 108 of the Customs Act cannot be considered as evidence under section 138B of the Customs Act. Accordingly, demand based on the statement recorded cannot be sustained. Thus, order set aside and appeal allowed.

Disallowances Under Section 40A(2)(b) Unjustified as AO Failed to Prove Excessive Payments to Related Parties

June 30, 2025 1581 Views 0 comment Print

ITAT Ahmedabad deletes arbitrary disallowances under Section 40A(2)(b), emphasizing AO’s burden to prove excessiveness in related party transactions.

ITAT Mumbai Voids Reassessment, Deletes Section 56(2)(viia) Addition

June 30, 2025 972 Views 0 comment Print

ITAT Mumbai quashes reassessment notices for Rising Star Investment for AY 2017-18, citing jurisdictional defects and lack of proper sanction. Also deletes Section 56(2)(viia) addition based on DVO report.

Benefit of section 50B granted as conditions of slump sale satisfied: ITAT Mumbai

June 30, 2025 714 Views 0 comment Print

ITAT Mumbai held that all the conditions of slump sale as provided under section 2(42C) of the Income Tax Act read with section 50B of the Act is satisfied. Accordingly, benefit of section 50B granted and AO directed to compute the business income accordingly.

SVLDRS benefit withdrawn as material particular furnished in declaration found to be false

June 30, 2025 468 Views 0 comment Print

Madras High Court held that in terms of section 129(2)(c) of Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019 [SVLDRS], department empowered to withdrawn the benefit as in case of ‘voluntary disclosure’ the material particular furnished in the Declaration is subsequently found to be false.

SCN Under Section 74 Quashed as Earlier SCN Under Section 73 Lacked Fraud or Misstatement Allegations

June 30, 2025 1674 Views 0 comment Print

Allahabad High Court quashed a Section 74 SCN derived from a Section 73 SCN, ruling it lacked jurisdiction without specific allegations of fraud or misstatement.

Observations of AAAR on ITC expunged since question pertaining to ITC was not originally dealt with by AAR

June 30, 2025 345 Views 0 comment Print

The Rajasthan High Court expunged observations made by the AAAR regarding Input Tax Credit, as the issue was outside the original AAR application.

Concluded assessments cannot be reopened merely based on suspicion: Delhi HC

June 30, 2025 579 Views 0 comment Print

Delhi High Court held that concluded assessments cannot be reopened merely based on suspicion. Accordingly, reassessment quashed as there is no tangible material to form ‘reason to believe’ that income has escaped assessment.

Exemption Under Section 54F Allowed Despite Technical Non-Compliance

June 28, 2025 3939 Views 0 comment Print

ITAT Jaipur allowed exemption under Section 54F in Goverdhan Singh Shekhawat Vs ITO despite technical non-compliance, emphasizing substance over form and judicial precedents.

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