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Judiciary

Omnibus Section 153D Approval Invalid, Entire Search Assessment Quashed

December 22, 2025 372 Views 0 comment Print

The issue was whether a single, consolidated approval under section 153D for multiple assessees is legally valid. The ITAT held that such mechanical approval shows no application of mind and vitiates the entire search assessment.

Stamp Value Disputed, Section 50C Cannot Apply Without DVO

December 22, 2025 777 Views 0 comment Print

The issue was whether capital gains could be computed under section 50C without referring valuation to the DVO despite the assessee’s objection. The ITAT held that denial of a DVO reference violates statutory rights and remanded the matter for fresh valuation.

₹94.89 Lakh U/s 69A Addition Remanded Due to Medical Emergency

December 22, 2025 222 Views 0 comment Print

The issue was whether unexplained deposits of ₹94.89 lakh could be sustained when evidence was not produced due to a serious family medical crisis. The ITAT held that genuine hardship warranted a fresh opportunity and remanded the matter for proper verification.

Search Jewellery Addition Cut for Arbitrary Expense Estimation

December 22, 2025 207 Views 0 comment Print

The Revenue sustained addition by assuming 50% of cash withdrawals were used for household expenses. The Tribunal ruled that suspicion-based estimates cannot replace evidence and granted substantial relief.

Penalty Under Section 270A Deleted After 153A Assessment Fails

December 22, 2025 462 Views 0 comment Print

The issue was whether penalty could survive after the underlying assessment was quashed. The ITAT held that once the 153A assessment was annulled, the penalty under section 270A automatically fell.

Earlier Section 263 Action Cannot Justify Fresh 153C Assessment

December 22, 2025 288 Views 0 comment Print

The Revenue made additions on alleged penny-stock transactions under section 68. The ITAT held that once section 153C jurisdiction itself fails, the additions automatically fall without examination on merits.

Section 68 Addition Deleted for Ignoring Peak Credit

December 22, 2025 594 Views 0 comment Print

The issue was whether alleged negative stock justified profit estimation. The Tribunal held that value-based assumptions using average GP could not override item-wise quantitative stock records maintained on a daily basis.

GST Show Cause Notice Not Quashed Due to Alternative Remedy Available

December 22, 2025 648 Views 0 comment Print

The High Court declined to interfere with a GST show cause notice, holding that the challenge was premature. The assessee was directed to pursue adjudication and raise all legal submissions.

Non-Compete Fee Paid to Protect Business is Revenue Expenditure: SC

December 22, 2025 1098 Views 0 comment Print

The Supreme Court ruled that payments made to prevent competition, even if providing enduring business benefits, are allowable revenue expenditures and not capital expenditures.

TDS Credit Cannot Be denied by CPC Without Proper Verification: ITAT Pune

December 22, 2025 1227 Views 0 comment Print

The Tribunal held that restricting TDS credit at the CPC stage is unsustainable when Form 26AS supports the claim. Full credit must be allowed after verification under Section 199 and Rule 37BA, ensuring income–TDS linkage.

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