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Judiciary

Reopening Quashed for Mechanical Approval Under Section 151

December 31, 2025 600 Views 0 comment Print

The Tribunal held that a bare endorsement like fit case does not amount to valid sanction. Absence of independent application of mind invalidates the entire reassessment.

Aravalli Mining Rules Stayed Over Ambiguous Definition Concerns

December 31, 2025 285 Views 0 comment Print

Concerns were raised that the definition could narrow protected areas and enable unregulated mining. The Court ordered an independent expert review before any enforcement.

Issue of notice after obtaining discharge certificate under SVLDRS is untenable in law

December 31, 2025 399 Views 0 comment Print

Bombay High Court held that issuance of notice for demand of interest and penalty after obtaining discharge certificate under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 [SVLDRS] is not tenable in law. Writ disposed of, accordingly.

Delayed payment of VAT attracts interest u/s. 25(4) of GVAT inspite of uncertainty as regard levy to be imposed

December 31, 2025 426 Views 0 comment Print

Bombay High Court held that interest under section 25(4) of the GVAT on delayed payment of VAT on sales of High Bouquet Spirit (HBS)/Rectified Spirit (RS)/Extra Neutral Alcohol (ENA) justifiable in spite of uncertainty with regard to levy to be imposed on the same.

Section 263 Quashed as AO Took a Plausible View on 80P Deduction

December 31, 2025 348 Views 0 comment Print

The revision questioned deduction on interest income allowed under section 80P. The Tribunal held that where the AO adopts a legally plausible view after enquiry, section 263 cannot be invoked.

Demonetisation Cash Deposits Taxed at 8% on Estimated Basis

December 31, 2025 471 Views 0 comment Print

The Revenue treated entire cash deposits as unexplained under section 69A. The Tribunal held that in an unorganised business, deposits can be treated as turnover with estimated profits.

No Exempt Income, No Section 14A Disallowance Permissible

December 31, 2025 465 Views 0 comment Print

The dispute centered on unexplained investment taxed in an incorrect year. The Tribunal ruled that such an addition is legally unsustainable and must be deleted.

Penalty u/s. 114A since covered under regulation 3 (2) (c) hence License for Private Warehouse u/s. 58 not granted

December 31, 2025 369 Views 0 comment Print

CESTAT Allahabad held that the case of imposition of penalty under section 114A of the Customs Act would be covered under regulation 3 (2) (c) and hence appellant is not eligible for grant of License for Private Warehouse under section 58 of the Customs Act.

Recovery of arrear electricity duty demand set aside due to procedural flaw in OPDR proceedings

December 31, 2025 414 Views 0 comment Print

Orissa High Court held that recovery towards arrear electricity duty demand set aside since there is procedural flaw in Odisha Public Demands Recovery Act, 1962 [OPDR proceeding] and violation of principles of natural justice. Accordingly, writ petition stands allowed.

Belated Form 10 Filing Cannot Deny Section 11(2) Exemption

December 31, 2025 495 Views 0 comment Print

The exemption was rejected only due to delayed electronic filing of Form 10. The Tribunal ruled that procedural delay cannot override substantive compliance made before assessment completion.

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