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Judiciary

Reassessment Notice Quashed for Lack of Independent “Reason to Believe”

December 22, 2025 723 Views 0 comment Print

The court examined whether reassessment could be initiated on vague and borrowed satisfaction. It held that absence of a live link between information and the assessee’s case invalidated the notice.

GST Demand Quashed as Pre-CIRP Dues Extinguished Under Approved Resolution Plan

December 22, 2025 756 Views 0 comment Print

The High Court held that GST demands for periods prior to approval of a resolution plan cannot survive once the plan is sanctioned under the IBC. Past statutory dues not forming part of the plan stand extinguished and cannot be enforced.

Orissa HC Stays Multi-Year ₹512 Cr GST Levy on Assignment of Right to Use Natural Resources

December 22, 2025 492 Views 0 comment Print

The High Court stayed a ₹512 crore GST demand after finding prima facie issues with a notice covering multiple financial years. The matter will be heard alongside similar pending cases.

Section 144B Faceless Procedure Violations Require Clear Adjudication

December 22, 2025 333 Views 0 comment Print

The dispute involved alleged non-compliance with mandatory faceless assessment procedure rendering the order non est. The ITAT held that remanding without ruling on section 144B(9) violations is impermissible.

No U/s 153A Addition, But Reassessment Power Explicitly Preserved

December 22, 2025 288 Views 0 comment Print

The ITAT corrected its earlier order after noting that the liberty to reopen completed assessments under sections 147/148 was omitted. The ruling clarifies that absence of incriminating material bars search additions but not lawful reassessment.

PF Delay Partly Disallowed, MAT Issue Sent Back for Verification

December 22, 2025 180 Views 0 comment Print

The Tribunal remanded the MAT issue after noting lack of factual verification on whether reserve withdrawals were credited to the P&L account. Key takeaway: MAT adjustments under section 115JB require strict, evidence-based verification.

APVAT: Interest Allowed on VAT Refund Due to Delay Beyond 90 Days Despite Timely Order

December 22, 2025 576 Views 0 comment Print

The court held that interest is payable when the actual refund is made after the statutory 90-day period, even if the refund order was passed earlier.

Section 68 Addition Deleted as Unsecured Loans Were Repaid Subsequently

December 22, 2025 669 Views 0 comment Print

The issue was whether unsecured loans could be treated as unexplained despite full documentation. The ITAT held that once loans are repaid and identity and genuineness are proved, section 68 cannot be invoked.

Entire Cash Turnover Can’t Be Taxed as Income: ITAT Rajkot

December 22, 2025 303 Views 0 comment Print

The issue was whether entire bank cash deposits could be taxed as unexplained money. The Tribunal ruled that gross receipts alone cannot be treated as income without examining business facts. Key takeaway: turnover ≠ income under section 69B.

Project Completion Method Upheld, Revenue Appeal Dismissed

December 22, 2025 339 Views 0 comment Print

he assessee had already offered the same project income to tax in later years. The Tribunal held that taxing it again earlier would amount to double taxation. Key takeaway: timing disputes cannot justify taxing the same income twice.

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