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Judiciary

Rectification Enhancing Income Without Notice Is Unsustainable: ITAT Mumbai

August 23, 2025 591 Views 0 comment Print

ITAT Mumbai sets aside a CPC rectification order, ruling it invalid due to a violation of Section 154(3) for enhancing income without a prior notice or hearing.

Penalty for non-filing of Part-B of E-Way Bill reduced as Part-A generated which covered all details

August 23, 2025 1608 Views 0 comment Print

Gujarat High Court held that since petitioner has generated Part-A of the E-Way Bill covering all the transport related details, the benefit of the Circular No.64/38/2018-GST is required to be given, hence the penalty amount is reduced.

Order passed in name of deceased person is not sustainable in law: ITAT Chennai

August 23, 2025 621 Views 0 comment Print

ITAT Chennai held that passing of an order in the name of dead/ deceased person is not sustainable in law. Accordingly, revisionary order passed by PCIT is liable to be quashed and set aside.

Where non-submission of documents led to Best Judgment Assessment, HC set aside order subject to 15% deposit

August 23, 2025 384 Views 0 comment Print

Revenue submitted that the order was issued in order to meet statutory limitation deadlines. During the hearing, both assessee and the authority agreed that assessee had an alternate remedy under Section 246A, along with the option to seek condonation of delay under Section 249(3).

No separate sales tax on HDPE Bags used to pack cement when the same were sold separately

August 23, 2025 261 Views 0 comment Print

Once it was held that there was an independent and separate sale of the HDPE bags in which the cement was sold, there was no question of levying any sales tax at the same rate as that levied on cement.

Nil Consideration in Spousal Transfer: ITAT Delhi Deletes ₹1.40 Cr Capital Gains

August 23, 2025 13176 Views 1 comment Print

ITAT Delhi deleted a Rs. 1.40 crore capital gains tax on a property transfer between spouses, ruling that no consideration was exchanged.

CIT(A) can’t by pass DVO: Property valuation dispute remanded: ITAT Delhi

August 23, 2025 651 Views 0 comment Print

The ITAT Delhi has remanded a case on long-term capital gains, ruling that an Assessing Officer cannot unilaterally reject a registered valuer’s report without a mandatory reference to the Departmental Valuation Officer.

Unregistered Sale Agreement: No 271D Penalty if no Proof of Cash Receipt in Property Sale

August 23, 2025 1374 Views 0 comment Print

ITAT Chennai strikes down a penalty under Section 271D, ruling that a fabricated, unregistered sale agreement and the lack of proof of cash receipt failed to substantiate the tax department’s claim.

Assessee Proves Investment Sources, ITAT Delhi Deletes ₹11.18 Lakh Addition

August 23, 2025 447 Views 0 comment Print

ITAT Delhi deletes an unexplained investment addition, ruling that the assessee provided sufficient documentary evidence to prove the source of funds for a property purchase.

Delhi ITAT Deletes Section 271(1)(c) Penalty on Estimated Income

August 23, 2025 630 Views 0 comment Print

The Delhi ITAT has ruled that a penalty cannot be imposed when income is based on estimation. It deleted penalties on a taxpayer where cash deposits were assessed as estimated business profits, not unexplained income.

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