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Judiciary

Petition dismissed due to lack of jurisdiction as alleged infringements occurred in Delhi and not in West Bengal

December 31, 2025 375 Views 0 comment Print

Calcutta High Court held that the present petition is liable to be dismissed on account of lack of jurisdiction in as much as the alleged infringements has occurred in Delhi and not in West Bengal. Accordingly, the writ is dismissed.

Non-Payment Under IDS Makes U/s 271AAC Penalty Inevitable

December 31, 2025 393 Views 0 comment Print

The dispute concerned cancellation of IDS benefits due to non-payment. The Tribunal held that once IDS lapses, undisclosed income is taxable with mandatory penalty.

VSV-Based Dismissal Quashed Due to No Approval or Payment

December 31, 2025 354 Views 0 comment Print

The dispute centered on whether appeals could be dismissed merely on filing a VSV application. The Tribunal ruled that rejection or non-approval of VSV keeps appeals alive.

Shareholders have locus standi to file appeal u/s. 61 of IBC hence appeal maintainable

December 31, 2025 705 Views 0 comment Print

NCLAT Delhi held that shareholders have locus standi to file appeal under section 61 of the Insolvency and Bankruptcy Code and hence the appeal is maintainable. Further, appellant has made out case of fraudulent initiation of CIRP since both Financial Creditor and Corporate Debtor are related parties.

Accommodation Entry Purchases Confirmed for Lack of Proof

December 31, 2025 420 Views 0 comment Print

The case involved alleged bogus purchases backed only by invoices and bank payments. The Tribunal held that without confirmations, transport evidence, or delivery proof, such purchases cannot be treated as genuine.

Section 148 Notice Held Premature While Return Filing Window Open

December 31, 2025 573 Views 0 comment Print

The issue was whether reassessment could be initiated while the time to file a belated return was still open. The Tribunal held such reopening premature and void, as income cannot be said to have escaped assessment.

₹13.32 Cr Cash Credit Addition Remanded for Rule 46A Lapse

December 31, 2025 390 Views 0 comment Print

The case involved a massive section 68 addition sustained solely due to non-admission of evidence under Rule 46A. The Tribunal held that procedural lapses cannot override substantive justice and remanded the matter for fresh adjudication.

Borrowed Satisfaction Backfires: ITAT Ahmedabad Quashes 147 Reopenings Based on Dishman Group Search Inputs

December 31, 2025 678 Views 0 comment Print

ITAT held reassessment invalid as it was initiated merely on Insight Portal data and third-party statements without verification or application of mind.

Reassessment on Deceased’s PAN Valid for Pre-Death Years

December 31, 2025 348 Views 0 comment Print

ITAT Mumbai (E Bench) in Estate of Vandravan P. Shah vs ACIT (ITA Nos. 5401, 5402 & 5403/Mum/2024; AYs 2011-12, 2012-13 & 2017-18; order dated 23.12.2025) has partly rejected the assessee’s jurisdictional challenge and upheld the validity of reassessment proceedings initiated and completed in the name of the deceased through legal representative u/s 159, while also sustaining the disallowance of deduction u/s 35AC on alleged bogus donation to Navjeevan Charitable Trust.

On-Money Jewellery Additions Fail Due to Denial of Cross-Examination

December 31, 2025 981 Views 0 comment Print

ITAT deleted additions as alleged cash jewellery purchases were based solely on third-party material without granting cross-examination or furnishing full evidence.

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