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Judiciary

Imperfect Legal Opinion Alone Not Enough to Prosecute Advocate: Calcutta HC

December 22, 2025 444 Views 0 comment Print

The issue was whether a bank’s empanelled advocate could face criminal trial for an allegedly flawed legal scrutiny report. The High Court held that in the absence of evidence of conspiracy or wrongful gain, prosecution could not continue.

Customs Penalty of ₹1.57 Cr Quashed as Department Ignored Assessee’s Valuation

December 22, 2025 5910 Views 0 comment Print

The issue was whether a government-approved valuer could be penalised when Customs did not rely on his valuation. The Tribunal held that penalties are unsustainable without proof of reliance, intent, or collusion.

Penalty Quashed for Denial of Mandatory Cross-Examination Under Customs Law

December 22, 2025 7731 Views 0 comment Print

The issue was whether penalties could be sustained without proper cross-examination of witnesses. The court held that ignoring Section 138B requirements vitiates the adjudication.

Allahabad HC Granted Stay as Composite GST Show Cause Notice Covers Multiple Years

December 22, 2025 1089 Views 0 comment Print

The issue was whether a single GST show cause notice could cover several assessment years. The court granted interim protection, staying coercive action pending detailed examination.

TDS Deduction on Arbitral Award Disallowed as Amount Becomes Judgment-Debt: Calcutta HC

December 22, 2025 1092 Views 0 comment Print

The Calcutta High Court held that once an arbitral award attains finality, the award amount must be paid in full without deduction of tax at source.

Chit Foreman Entitled to Lump-Sum Recovery After Installment Default: SC

December 22, 2025 543 Views 0 comment Print

The Supreme Court held that a chit subscriber incurs a present debt payable in installments, allowing recovery of future subscriptions upon default.

No Forfeiture, No Tax: Advance Can’t Be Income Under Section 56

December 22, 2025 6972 Views 0 comment Print

The issue was whether advance money from a failed land deal could be taxed as income. The Tribunal held that without clear forfeiture, section 56(2)(ix) does not apply. Key takeaway: forfeiture is mandatory to tax advances.

No Nexus, No Big Section 14A Hit: Disallowance Slashed to ₹10 Lakh

December 22, 2025 240 Views 0 comment Print

The issue was whether a ₹3.05 crore disallowance under section 14A could stand without nexus to exempt income. The ITAT held that only a reasonable amount with clear linkage can be disallowed, capping it at ₹10 lakh.

One Satisfaction Note for Seven Years Invalidates Section 153C: ITAT Pune

December 22, 2025 402 Views 0 comment Print

The issue was whether section 153C could extend beyond six years without discovery of an undisclosed asset of ₹50 lakh or more. The ITAT held that in absence of such asset-based satisfaction, extended jurisdiction is invalid.

Same-Day Cash Withdrawal and Deposit Not Unexplained Income

December 22, 2025 519 Views 0 comment Print

The ITAT held that cash redeposited after a clearly documented bank withdrawal cannot be treated as unexplained. The ruling emphasizes that verifiable fund movement defeats section 69A additions.

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