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Judiciary

MRI Deposit Write-off Remanded Due to Unexamined Section 37(1) & 28 Applicability

December 16, 2025 207 Views 0 comment Print

ITAT Bangalore restored ₹4.19 crore claimed as revenue loss to CIT(A) for fresh examination. The Tribunal emphasized that proper assessment under Sections 37(1) and 28 is essential before allowing write-offs.

Reassessment Allowed Beyond Four Years for Non-Disclosure of Primary Facts: SC

December 16, 2025 1191 Views 0 comment Print

The SC upheld reopening of completed assessments where key agreements were not disclosed. It held that failure to place primary documents enables reassessment beyond the four-year limit.

Orissa HC: Writ Not Maintainable After GSTAT; Mandatory Pre-Deposit Cannot Be Bypassed

December 16, 2025 648 Views 0 comment Print

The Orissa High Court held that while writ petitions can be entertained if the GSTAT is non-functional, once the tribunal is operational with extended filing timelines, statutory compliance under Section 112(8) is mandatory.

Procedural Delay Not Fatal: ITAT Upholds 80P Deduction on Credit Co-op Interest

December 16, 2025 378 Views 0 comment Print

ITAT Bangalore condoned a 247-day delay in filing appeals caused by email miscommunication and change of accountants. The Tribunal restored Section 80P(2)(a)(i) deductions for cooperative society interest income.

Calcutta HC Directs Advance Ruling Board to Expedite Joint Venture Tax Ruling Ahead of Revised ITR Deadline

December 16, 2025 468 Views 0 comment Print

The court directed the Board of Advance Rulings to expedite the disposal of a pending application under Section 245Q, ensuring timely filing of tax returns by the petitioner.

No TDS on Arbitral Award Without Statutory Authority; Refund Ordered – Calcutta HC

December 16, 2025 639 Views 0 comment Print

The court directed the refund of TDS erroneously deducted from an arbitral award, ruling that interest on the TDS is not payable. The Execution Petition was disposed of accordingly.

Foreign Shares Bought in Daughter’s Name Not Unexplained When Fully Disclosed: ITAT Delhi

December 16, 2025 519 Views 0 comment Print

The Tribunal held that foreign investments disclosed in Schedule FA and backed by sufficient income cannot be treated as unexplained. Mechanical application of section 69 was rejected.

Constitutional Challenge Admitted Because Pre GST SCN Consultation Made Discretionary

December 16, 2025 777 Views 0 comment Print

While allowing proceedings to continue, the Court restrained enforcement of any final order arising from the show cause notice pending further directions.

Section 263 Revision Quashed as Penny Stock LTCG Was Examined & AO Took Plausible View

December 16, 2025 1266 Views 0 comment Print

ITAT held PCIT cannot revise assessment where penny stock LTCG transactions were fully examined and AO adopted a permissible view.

Excise Appeal Rejected as Cross-Examination of Panchas & Co-Noticees Was Denied

December 16, 2025 522 Views 0 comment Print

The High Court upheld the tribunal’s decision, emphasizing that statements of pancha witnesses and co-notices cannot be relied upon without allowing cross-examination, ensuring fair adjudication under the Central Excise Act.

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