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Judiciary

ITAT Rejects Revenue’s Addition Based Only on Third-Party Statement

December 12, 2025 963 Views 0 comment Print

Mumbai ITAT ruled that retracted statements of a third-party transporter cannot justify additions without corroborative material. Detailed invoices, delivery challans, and proof of goods movement demonstrated genuine business expenses, resulting in dismissal of Revenue appeals.

Search Return Can Reduce Income; U/s 69A Fails & CSR Eligible U/s 80G

December 12, 2025 534 Views 0 comment Print

ITAT Mumbai held that disallowance under Section 14A cannot exceed the exempt income, upholding judicial precedents and deleting Rs. 6.66 crore addition, emphasizing that hypothetical income cannot be taxed.

Interest Under Section 234A Not Levyable After Full Tax Payment Before Filing

December 12, 2025 909 Views 0 comment Print

ITAT Chennai confirmed that section 234A interest is only compensatory and cannot be charged for periods when no tax remains outstanding. Full payment of self-assessment tax prior to the start of March 2022 negated any basis for levy.

Section 148 Notice Issued After Limitation Period Declared Invalid

December 12, 2025 675 Views 0 comment Print

ITAT held that reassessment notices issued after the surviving period, as clarified by Rajeev Bansal, are time-barred for AY 2015-16. The ruling emphasizes that procedural compliance with limitation periods is mandatory, even if notices are issued under unamended law.

Common Section 153D approval makes all search assessments void ab initio

December 12, 2025 594 Views 0 comment Print

ITAT Delhi held that a single Section 153D approval for multiple assessees and years is impermissible, rendering all 153A and 153C assessments void ab initio.

Visa & Foreign Travel Paid by Sons Allowed as Business Expense; ITAT Grants Relief Despite Minor Delay

December 12, 2025 297 Views 0 comment Print

ITAT Delhi allowed travelling and visa expenses paid by assessee’s sons as wholly & exclusively for business purposes in overseas education consultancy. The Tribunal emphasized that procedural delay of 5 days should not defeat substantive justice, partly allowing the appeal.

Vivad Se Vishwas Misapplication Corrected in 1592-Day U/s 263 Appeals

December 12, 2025 360 Views 0 comment Print

ITAT Kolkata condoned an extraordinary delay in filing appeals, emphasizing that genuine and unavoidable reasons justify late filing, allowing the appeals to proceed for adjudication.

Section 50C Addition Set Aside Because AO Failed to Obtain Proper Property Valuation

December 12, 2025 489 Views 0 comment Print

ITAT ruled that a Section 50C addition cannot stand without a DVO reference where market value is disputed. Matter remanded for fresh valuation and reconsideration.

No Penalty on Wife When Foreign Investment Already Disclosed by Husband: Bombay HC

December 12, 2025 792 Views 0 comment Print

The Court upheld the deletion of penalty under the Black Money Act after finding the wife was only a joint holder and the husband had fully disclosed the foreign asset. The ruling notes no substantial question of law arose.

A woman cannot claim exemption from personal appearance in FEMA inquiries: Delhi HC

December 12, 2025 3186 Views 0 comment Print

Court ruled that FEMA summons issued under Section 37 operate within a civil-procedural framework and are not subject to gender-based safeguards under Section 160 CrPC. The key takeaway is that a woman cannot claim exemption from personal appearance in FEMA inquiries.

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