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Judiciary

Expired E-Way Bill Case Must be Decided by Tax Authorities: Tripura HC

August 19, 2025 615 Views 0 comment Print

Tripura High Court refuses to intervene in a GST case, directing the transporter to cooperate with the ongoing adjudication process for an expired e-way bill.

Reassessment Beyond 3 Years Invalid if Escaped Income Below ₹50 Lakh: Delhi HC

August 19, 2025 7125 Views 0 comment Print

Delhi High Court set aside reassessment for AY 2018-19 holding that escaped income was under ₹50 lakh and did not meet conditions of Section 149(1A). AO’s attempt to club multiple years without proving a singular asset or event was rejected.

FMV on 1 April 2001 Valid for Gifted Property, PCIT’s Revision Quashed

August 19, 2025 2613 Views 0 comment Print

Chandigarh ITAT in Sanjeev Kumar Kathuria vs ITO held that FMV as on 1 April 2001 can be adopted as cost of acquisition for property received as gift. PCIT’s reliance on stamp duty value at the time of gift deed (2009) was rejected.

Procedural Lapse Cannot Defeat Justice – Natural Justice Prevails over Technical Default

August 19, 2025 885 Views 0 comment Print

ITAT Rajkot allows an appeal despite manual filing and delay, prioritizing a fair hearing over procedural errors and remanding the case for re-adjudication.

Service of GST Orders via Registered Email is Valid for Limitation: Allahabad HC

August 19, 2025 513 Views 0 comment Print

Allahabad High Court rules that service via registered email is sufficient under Section 169 of the CGST Act, affirming that it starts the limitation period for appeals.

Wrong clause selection in 12AB registration application – Not Fatal, Matter Remanded

August 19, 2025 1221 Views 0 comment Print

The ITAT ruled that a trust’s tax exemption application cannot be rejected for selecting the wrong clause. The case was remanded for a decision on merits.

CIT(A) Cannot Remand 147/144B Reassessments – Speaking Order Required

August 19, 2025 1224 Views 0 comment Print

ITAT Pune rules that a CIT(A) cannot remand assessments under Section 147. This power to set aside and remand is restricted only to Section 144 assessments.

Tax Is on Real Income, Not Gross Turnover – ITAT Pune on Charitable Club Taxation

August 19, 2025 708 Views 0 comment Print

The ITAT in Vir Savarkar Swimmers Club vs. ITO case ruled that even without a tax exemption, only a society’s net income is taxable, not its gross receipts.

CIT(A) Cannot Dismiss Appeal for Non-Prosecution Without Speaking Order

August 19, 2025 900 Views 0 comment Print

The ITAT in Ganesh Agro Steel Industries vs ACIT ruled that an appeal cannot be dismissed for non-prosecution without a speaking order on its merits.

PCIT Cannot Re-open Assessments on Mere Suspicion: ITAT Pune

August 19, 2025 387 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT), Pune, has ruled that a Principal Commissioner of Income Tax (PCIT) cannot invoke Section 263 to revise an assessment based on mere suspicion or audit objections, especially when the Assessing Officer (AO) has conducted a proper inquiry.

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