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Judiciary

Invalid 143(2) Notice Makes Assessment Non-Est: ITAT Quashes Entire Assessment

December 13, 2025 750 Views 0 comment Print

ITAT Kolkata held that an assessment under section 143(3) is invalid if the section 143(2) notice does not comply with CBDT prescribed formats. The ruling nullifies both the assessment and related revisionary proceedings.

Section 14A Not on Auto-Pilot: Rule 8D Disallowance Quashed for Want of AO’s Satisfaction

December 13, 2025 381 Views 0 comment Print

ITAT held that Rule 8D cannot be applied automatically under section 14A; the AO must record satisfaction on the correctness of the assessee’s suomoto disallowance, quashing the incremental disallowance.

Support service in India to foreign universities qualify as export of services

December 13, 2025 642 Views 0 comment Print

Delhi High Court held that provision of support service in India to foreign universities and institutions qualifies as export of services under Rule 6A of the Service Tax Rules, 1994 and the same is not ‘intermediary’ in terms of rule 2(f) of Place of Provision of Service Rules, 2012.

Cash Cannot Be Seized Under GST Law Without Specific Justification: Calcutta HC

December 13, 2025 1956 Views 1 comment Print

The Calcutta High Court held that GST authorities cannot seize or seal cash under Section 67 unless it is shown to be useful or relevant to proceedings, and ordered de-sealing of ₹24 lakh cash.

JAO Vs Faceless Regime: Reassessment Falls for Breach of Section 151A

December 13, 2025 564 Views 0 comment Print

The assessment notice issued by a Jurisdictional AO post-29.03.2022 violated the faceless assessment scheme, making the income addition void. The tribunal allowed the appeal in favor of the assessee.

Section 148A Notice Less Than 7 Days Is Void: Reassessment Quashed

December 13, 2025 543 Views 0 comment Print

Karnataka HC held that a notice under Section 148A(b) providing less than the statutory seven days is void. All consequential assessments, penalties, and demands were quashed as a result.

Hyper-Technical Rejection of Form 10B Set Aside by High Court

December 13, 2025 252 Views 0 comment Print

The Karnataka High Court held that a charitable trust should not be denied exemption merely for a delayed Form 10B filing caused by genuine oversight. A hyper-technical rejection under Section 119(2)(b) was set aside in favour of a justice-oriented approach.

Foreign Exchange Loan Abroad Without Approval Invites Sanction

December 13, 2025 333 Views 0 comment Print

The Tribunal held that holding and operating a foreign bank account without RBI approval is a continuing contravention under FEMA. Subsequent repatriation or tax disclosure does not wipe out liability, and penalties were upheld.

Telangana HC Set Aside Block Assessment for Lack of Incriminating Material

December 13, 2025 363 Views 0 comment Print

Court held that a retracted Section 132(4) statement cannot form the sole basis for block assessment when no incriminating material was found during search. The block assessment orders were struck down.

NCLT Admits Insolvency as SARFAESI Notice Invoked Guarantee & Award Refreshed Limitation

December 13, 2025 867 Views 0 comment Print

The Tribunal held that the SARFAESI notice constituted a valid invocation of the guarantee and admitted the insolvency process. It ruled that the arbitral award refreshed limitation and objections on maintainability could not stand.

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