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Judiciary

Additions Can’t Be Based on Suspicion, ITAT Deletes 2.5% Profit

December 26, 2025 360 Views 0 comment Print

The Tribunal held that profit estimation cannot rest on conjectures or lump-sum allegations. In absence of identified bogus purchases or factual basis, the entire addition was deleted.

Purchase Return Dispute Not Misreporting, Penalty Quashed

December 26, 2025 318 Views 0 comment Print

Delhi ITAT held that a purchase-return mismatch does not constitute misreporting under section 270A(9). Immunity under section 270AA was granted, quashing the ₹10.69 lakh penalty.

WBIDC’s demand for transfer fee for leasehold lands acquired via resolution process justified

December 26, 2025 483 Views 0 comment Print

Calcutta High Court held that West Bengal Industrial Development Corporation’s [WBIDC] demand for transfer fee in relation to leasehold lands acquired via resolution process. Accordingly, the present appeal is dismissed.

Cement and packing materials cannot be charged separately, consolidated sales tax rate applied

December 26, 2025 273 Views 0 comment Print

ACC Limited Vs State of Bihar (Patna High Court) Patna High Court held that packing materials namely gunny bags and HDPE bags are integral part of cement sales hence cannot be charged separately. Consolidated sales tax rate of 11% is applicable. Accordingly, appeals stand dismissed. Facts- The appellant, M/s ACC Limited, is a company incorporated under […]

Mere change in route doesn’t attract penalty u/s. 129 of GST Act

December 26, 2025 807 Views 0 comment Print

Karnataka High Court held that mere change in route, without intention to evade tax, cannot attract penalty under section 129 of the KGST Act. Accordingly, order passed is illegal, arbitrary and contrary to law and hence petition is allowed.

Mechanical Invocation of Section 263 at AO’s Behest Held Bad in Law

December 26, 2025 591 Views 0 comment Print

Indian City Properties Limited Vs PCIT (ITAT Kolkata) The Tribunal held that the invocation of Section 263 on the proposal of the AO is not sustainable under the Act, as the PCIT failed to independently apply his mind and record satisfaction of the twin conditions. The assessment was completed under Section 143(3) r.w.s. 144B after […]

Section 271D Penalty Fails Without AO Satisfaction or Pending Assessment Proceedings

December 26, 2025 1116 Views 0 comment Print

The ITAT held that a penalty under Section 271D cannot survive without recorded satisfaction by the Assessing Officer during pending assessment proceedings.

JAO-Issued Section 148 Notice Held Void Under Faceless Scheme

December 26, 2025 534 Views 0 comment Print

The Tribunal ruled that non-compliance with the faceless reassessment scheme strikes at jurisdiction itself. JAO-issued notices post-notification were held legally unsustainable.

Post consent of borrowers no strict adherence to procedural requirements under SARFAESI required

December 26, 2025 585 Views 0 comment Print

Delhi High Court held that strict adherence to the procedural requirements under the SARFAESI Act and Rules 8 and 9 of the SARFAESI Rules cannot be insisted, as the sale of the secured asset was undertaken with the unequivocal consent of the borrowers. Accordingly, appeal is allowed.

Section 66 of IBC ingredients proved as intention to defraud creditors established

December 26, 2025 549 Views 0 comment Print

NCLAT Delhi held that intention to defraud creditors of Corporate Debtor was based on documentary evidence, accordingly, all the ingredients under section 66 of the Insolvency and Bankruptcy Code are attracted. Thus, appeal lacks merits and hence dismissed.

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