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Judiciary

Technical Glitch in Payment Differentiates SVLDRS Cases from Financial Delay Cases

December 16, 2025 396 Views 0 comment Print

The Bombay High Court held that delays caused by genuine technical glitches do not invalidate SVLDRS benefits, distinguishing cases of financial incapacity.

Twin Conditions of Section 263 Not Met, Revision Order Set Aside

December 16, 2025 240 Views 0 comment Print

The ITAT held that revision under Section 263 cannot be invoked merely because the PCIT disagrees with the Assessing Officer’s view. Once enquiries are made and explanations accepted, substitution of opinion is impermissible.

DRP Route Cannot Extend Statutory Time Limit Under Section 153

December 16, 2025 654 Views 0 comment Print

The Tribunal held that a final assessment passed after the expiry of Section 153 is invalid, even if it follows DRP directions. The is that limitation under Section 153 remains mandatory and cannot be bypassed through the DRP route.

Proportionate Method Applied to Partly Accept Agricultural Income

December 16, 2025 366 Views 0 comment Print

ITAT held that disclosures in an election affidavit cannot, by themselves, justify reopening an assessment. The ruling reinforces that reassessment requires fresh tangible material and a live link to income escaping assessment.

Single Excise SCN With Multiple Hearing Dates Violates Section 33A; Orders Set Aside: Gujarat HC

December 16, 2025 615 Views 0 comment Print

Gujarat HC held that ex parte orders are invalid if personal hearing notices under Section 37C are not properly delivered with proof, reinforcing procedural fairness.

Appeal Dismissed Because Mere Assertion Cannot Prove Agricultural Income

December 16, 2025 390 Views 0 comment Print

ITAT Pune held that a claim of agricultural income cannot be accepted without supporting records. Complete non-compliance at all stages justified treating the receipts as unexplained income.

GST Refund Cannot Be Denied Without Opportunity to Submit Documents: Karnataka HC

December 16, 2025 456 Views 0 comment Print

Karnataka HC held that GST authorities must provide taxpayers a chance to furnish missing documents before rejecting refund claims, reinforcing procedural fairness.

Section 153A cannot apply to years without incriminating material: Bombay HC

December 16, 2025 510 Views 0 comment Print

The Bombay High Court held that Section 153A cannot apply to years without incriminating material, reinforcing the principle that tax additions require concrete evidence.

Unsigned sale agreement not conclusive: ITAT Hyderabad remands capital-gains addition for limited verification

December 16, 2025 711 Views 0 comment Print

ITAT Hyderabad held that an unsigned sale agreement cannot automatically justify higher capital-gains additions. The AO must verify actual receipt of funds before confirming any addition.

Delayed Employee Claims Dismissed in CIRP After Resolution Plan Approval

December 16, 2025 441 Views 0 comment Print

The NCLT Mumbai dismissed belated employee claims for salary and PF submitted after the CoC approved two resolution plans. Timely claim submission under the IBC is mandatory to avoid obstructing CIRP.

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