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Judiciary

Death of Assessee Excuses Non-Compliance, Evidence Prevails

December 27, 2025 300 Views 0 comment Print

The assessee could not respond to notices due to death during proceedings. ITAT ruled that bona fide non-compliance cannot override documentary evidence that fully explains the source of cash deposits.

Penalty Collapses Automatically Once Quantum Addition Is Deleted

December 27, 2025 846 Views 0 comment Print

The tribunal ruled that a penalty under section 271(1)(c) cannot stand when the quantum addition forming its basis is deleted. The key takeaway is that penalty proceedings automatically fail without a surviving assessment addition.

Aggregate Cash Payments Can’t Trigger Section 40A(3) Disallowance

December 27, 2025 342 Views 0 comment Print

The issue was whether cash salary and commission payments attracted disallowance under section 40A(3). The ITAT held that since each payment was below the per-day statutory limit, the disallowance of ₹2.75 crore was unsustainable.

Bank Trails & Loan Records Defeat Unexplained Property Additions

December 27, 2025 240 Views 0 comment Print

The issue was whether property investment could be treated as unexplained in reassessment proceedings. The ITAT held that where bank trails, NRE accounts, and loan documents fully explain the source, additions cannot survive.

Form 10B Filing Held Directory, Not Mandatory for Section 11

December 27, 2025 327 Views 0 comment Print

The Tribunal held that a minor delay in filing Form 10B is a procedural lapse and not fatal to exemption under section 11. Substantive charitable benefits cannot be denied for trivial delays.

Bogus Commission to Shell Entity Taxable Under Section 68

December 27, 2025 321 Views 0 comment Print

The Tribunal held that commission paid to a shell concern with no real services is taxable as unexplained credit. Claims that expenditure related to an earlier year were rejected.

Crypto Closing Stock Addition Remanded Due to Procedural Illegality

December 27, 2025 381 Views 0 comment Print

The Tribunal remanded the case involving addition of crypto closing stock after finding procedural defects. The appellate authority must first decide limitation before examining merits.

Adjudicating authority having highest tax demand will adjudicate cases involving multiple parties

December 27, 2025 510 Views 0 comment Print

Delhi High Court held that in cases involving multiple parties, the adjudication cannot be done by different Commissionerates, the Adjudicating Authority is fixed on the basis of the jurisdiction which has the highest amount of demand tax.

Consolidation of multiple tax periods in single show cause notice under GST is impermissible

December 27, 2025 1566 Views 0 comment Print

Karnataka High Court held that clubbing / consolidation / bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73 / 74 of the CGST / KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law.

Once Limitation Ends, TPO Route Cannot Extend Assessment Time

December 27, 2025 660 Views 0 comment Print

The Tribunal held that a transfer pricing reference made after expiry of assessment limitation is void. Once time has run out under section 153, subsequent TPO action cannot resurrect the assessment.

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