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Judiciary

CIT(A) Cannot Set Aside Every Section 144 Order Automatically—Addition Deleted After AO Confirms Reconciliation

December 11, 2025 744 Views 0 comment Print

Tribunal clarified that the Section 251 amendment uses the term ‘may set aside,’ meaning it is discretionary. Since the issue was already resolved in remand, addition was deleted.

ITR Filing Delay Due to Illness Must Be Considered: Delhi HC Aside Order

December 11, 2025 852 Views 0 comment Print

The Court held that the tax authority wrongly dismissed a delay condonation plea without considering the assessee’s serious medical condition. The ruling emphasizes that genuine hardship must be evaluated liberally under Section 119(2)(b).

Foreign Bank Deposits & Credit Card Expenses Not Taxable for NRI: ITAT Chennai

December 11, 2025 540 Views 0 comment Print

Assessments on foreign-sourced income were deleted after the ITAT confirmed the assessee’s Non-Resident status under Explanation 1(a) of Section 6(1).

Re-Export Allowed Since Gold Was Brought for Medical Treatment Needs

December 11, 2025 318 Views 0 comment Print

The Court held that the delay in paying redemption fine, arising during the COVID-19 period, could be condoned. It ordered implementation of the original decision allowing re-export of the seized gold.

Delhi HC rejects Writ as Ownership of Gold Claimed by Multiple Parties

December 11, 2025 681 Views 0 comment Print

The Court held that ownership of detained gold bangles was disputed, making a writ petition inappropriate. The petitioner was directed to file an appeal before the Commissioner of Customs (Appeals).

Reopening for Depreciation Claim: SC Dismisses Revenue Appeal Over Delayed Filing

December 11, 2025 615 Views 0 comment Print

The Gujarat High Court held that the assessee disclosed all material facts and the reopening notice under section 148/147 was a change of opinion, lacking jurisdiction.

C-Forms Cannot Be Refused for Omission in Revised Returns: Delhi HC

December 11, 2025 573 Views 0 comment Print

Court held that C-Forms could not be refused solely because inter-state purchases were mistakenly omitted from revised returns. The ruling directs issuance of Forms as transactions were genuine and no revenue loss occurred.

Mother–Son Gifted Land Misinterpreted as Sale: ITAT Delhi Remands Case to CIT(A)

December 11, 2025 471 Views 0 comment Print

Tribunal held that denying opportunity to submit evidence amounts to potential miscarriage of justice. CIT(A) directed to reconsider income addition after evaluating all documents.

Income Tax Appeals Filed Before Wrong Bench Dismissed with Liberty to Refile

December 11, 2025 294 Views 0 comment Print

ITAT held that appeals filed with incorrect jurisdiction cannot be heard. All four appeals dismissed, but assessee allowed to refile before correct bench.

TDS Demand Deleted as Section 201 Proceedings Filed Beyond Limitation: ITAT Delhi

December 11, 2025 846 Views 0 comment Print

ITAT ruled that Section 201 proceedings initiated beyond four years are legally untenable. Since the 201(1) order for AY 2016-17 was issued after the limitation period, the entire TDS demand was deleted. Tribunal held that date of knowledge is irrelevant for limitation.

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