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Judiciary

Penalty u/s. 271B not leviable as there is no need to maintain books u/s. 44AD

September 2, 2025 804 Views 0 comment Print

ITAT Rajkot held that imposition of penalty u/s. 271B of the Income Tax Act for not getting books of accounts audited cannot be sustained since assessee has filed return u/s. 44AD and there is no need to maintain books of accounts u/s. 44AD.

PCIT Cannot Revise u/s 263 Where AO Made Due Enquiry on Demonetisation Cash Deposits

September 2, 2025 444 Views 0 comment Print

The ITAT Pune ruled on whether an assessment order was erroneous and prejudicial to the revenue concerning cash deposits during the demonetization period, providing key clarifications on Section 263 of the Income Tax Act.

Order sent by department went to spam folder is not effective service of order

September 2, 2025 531 Views 0 comment Print

ITAT Mumbai held that since there was no effective service of orders upon the assessee as the order sent by the department went to spam folder. Thus, delay in filing of an appeal condoned and matter restored back to CIT(E) for fresh consideration.

Notice u/s 148 Invalid When Based on Third-Party Search – Section 153C Applies

September 2, 2025 2019 Views 0 comment Print

If any assessment proceedings are to be initiated by AO by relying on any information found during search action conducted on third party, then the Dept must resort to special provisions of section 153C and notice issued u/s 148 in such scenario is bad in law.

Denial of TDS credit merely due to non-reflection in Form 26AS not justified

September 2, 2025 588 Views 0 comment Print

ITAT Mumbai held that denial of TDS credit merely because of non-reflection in Form 26AS is not justified since there could be varied technological or other reasons where the relevant data pertaining to the assessee doesn’t get reflected in Form 26AS.

ITAT Delhi quashes reassessment for failure to issue section 143(2) notice

September 1, 2025 879 Views 0 comment Print

ITAT Delhi upheld the quashing of Ashish Gupta’s reassessment, citing the AO’s failure to issue Section 143(2) notice and furnish reasons, reinforcing procedural compliance.

SC diects GST Council to Track GST on Foreign OIDAR Services

September 1, 2025 762 Views 0 comment Print

Supreme Court directs a petitioner to approach the GST Council regarding a mechanism to track and verify GST compliance by foreign OIDAR service providers.

Delhi HC Denies IGST Refund Pending Restoration of GST Registration

September 1, 2025 603 Views 0 comment Print

Delhi High Court denies a trader’s GST refund petition, citing the cancellation of their GST registration and a failure to disclose this key information.

Assessee Bears Burden to Disprove Best Judgment Assessment

September 1, 2025 894 Views 0 comment Print

The Allahabad High Court ruled that when a best judgment assessment is conducted, the assessee has the burden to prove that the tax authorities’ findings are perverse.

P&H HC Directs Borrowers to Approach DRT/DRAT Under SARFAESI

September 1, 2025 333 Views 0 comment Print

The Punjab and Haryana High Court dismissed a challenge to a SARFAESI Act notice, directing the petitioners to use the statutory remedies available under the Act.

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