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Judiciary

Hyderabad ITAT Quashes Reassessment: No Notice Under Section 143(2), Entire Assessment Held Void

June 15, 2026 147 Views 0 comment Print

The Tribunal quashed the reassessment after finding that the Assessing Officer failed to issue notice under Section 143(2). The decision confirms that compliance with this statutory requirement is indispensable in reassessment proceedings.

ITAT Quashes Reassessment: AO Reopened Case on Wrong Assumption That Assessee Was a Non-Filer

June 15, 2026 120 Views 0 comment Print

The Tribunal quashed the reassessment after finding that the assessee had already filed the return under Section 139 before issuance of the notice. The key takeaway is that jurisdiction under Section 147 cannot be assumed on erroneous facts.

Confirming Party Cannot Be Taxed on Entire Sale Consideration-ITAT Deletes ₹3.27 Crore Addition

June 15, 2026 198 Views 0 comment Print

The Tribunal ruled that the Revenue cannot assess the full transaction value in the hands of a confirming party absent proof of beneficial ownership. The decision underscores the importance of establishing actual receipt of consideration.

ITAT Deletes Capital Gains Addition: Agreement to Sell Alone Does Not Amount to Transfer

June 15, 2026 207 Views 0 comment Print

ITAT deleted the addition after finding that neither possession nor ownership had passed during the relevant assessment year. The decision emphasizes that actual transfer, not mere intention to sell, determines taxability.

Natural Justice Violated as Assessee’s Explanations Were Not Properly Examined Before Reopening

June 15, 2026 171 Views 0 comment Print

The Court emphasized that reassessment proceedings must comply with principles of natural justice by providing an effective opportunity of hearing. Ignoring explanations and documents submitted by the taxpayer vitiates the entire reopening process.

Bogus Political Donation Claim Fails: ITAT Upholds Denial of Section 80GGC Deduction

June 15, 2026 2304 Views 0 comment Print

ITAT held that proving the mode of payment is not enough to secure deduction for political contributions where evidence points to a bogus donation scheme. Taxpayers must establish the authenticity of the entire transaction.

IT Department’s Order Quashed as Giving Effect Order Was Passed Beyond Section 153(5) Time Limit

June 15, 2026 201 Views 0 comment Print

The Court ruled that an order passed over three years after the statutory deadline under Section 153(5) was without jurisdiction and void. It held that failure to act within the prescribed period renders the appellate order final and enforceable.

Consignment Sales Cannot Be Treated as Inter-State Sales Based on Pre-Agreement Evidence

June 15, 2026 489 Views 0 comment Print

Karthik Papers Limited Vs Commercial Tax Officer (CESTAT Delhi) The appeal was filed by Shree Karthik Papers Limited against the portion of the order dated 16.09.2014 passed by the Tamil Nadu Sales Tax Appellate Tribunal (Additional Bench), Coimbatore, which restored the assessment on a turnover of ₹1,51,28,219 as inter-State sales and restored penalty of ₹25,64,365. […]

Mere Absence of Heavy Machinery Not Proof of Diversion of Imported Gold & Silver

June 15, 2026 180 Views 0 comment Print

P P Jewellers & Diamonds Pvt. Ltd. Vs Commissioner of Customs (Preventive) (CESTAT Delhi) The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi, examined multiple appeals challenging an order dated 08.01.2024 passed by the Commissioner of Customs (Preventive), Jodhpur. The Commissioner had confiscated seized silver jewellery, confirmed a customs duty demand of ₹1,44,04,165 along […]

SC Upholds Reassessment as Survey Revealed True Nature of AOP Receipts

June 15, 2026 291 Views 0 comment Print

Sanand Properties P. Ltd. Vs Jt. Commr. of I.T. Range 6 And Ors. (Supreme Court of India) Reopening of Assessment Valid Because Survey Unearthed Fresh Tangible Material: SC; 35% Share Taxable as Revenue Since Expenses Never Reduced Entitlement: SC; Receipts Linked to Gross Sales Held Taxable as Business Income, Not Profit Share; Assessment Reopening Sustained […]

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