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Judiciary

Delay Condoned Due to non-receipt of communication & Case Remanded for Fresh Hearing

December 10, 2025 744 Views 0 comment Print

Tribunal condoned a 111-day delay citing sufficient cause and held that rejection of 12AB registration without effective hearing required reconsideration. Matter remanded for a fresh decision.

Rural Land Claim Fails – ITAT Confirms Rs. 2.92 Cr LTCG Addition

December 10, 2025 240 Views 0 comment Print

ITAT confirmed Rs.2.92 crore long-term capital gain as the assessee failed to prove that the land sold was used for agriculture, sustaining the AO’s and CIT(A)’s orders.

Delay of 207 Days Not a Barrier as Tribunal Orders Fresh Merits-Based Hearing

December 10, 2025 318 Views 0 comment Print

The Tribunal overturned the dismissal of the appeal for lateness and allowed a full reconsideration of the issues. It emphasized that the delay must not be raised again during adjudication.

Books Not Produced Earlier – Section 145(3) Rejection Restored for Fresh Verification

December 10, 2025 393 Views 0 comment Print

ITAT Agra restored AO’s 145(3) rejection and additions under sections 68 & 41(1) for re-verification, directing assessee to produce complete books and supporting documents. The matter requires factual verification to ensure substantial justice.

Blocking ITC Beyond Available Credit Held Illegal by P&H HC

December 10, 2025 807 Views 0 comment Print

The Court ruled that authorities cannot block more Input Tax Credit than what is available in a taxpayer’s electronic ledger under Rule 86A of CGST Rules.

Repayment Proves Genuineness – Unsecured Loans Accepted, Addition Removed

December 10, 2025 345 Views 0 comment Print

ITAT Pune deletes Rs.17.90L addition u/s 68 as LLP proved genuineness, identity & repayment of unsecured loans; appeal allowed in full.

Orissa HC Allows GST Appeal with 10% Deposit

December 10, 2025 432 Views 0 comment Print

The Orissa High Court permits the petitioner to maintain a stay on a first appellate GST order by depositing 10% of the disputed tax, aligning with the September 2025 notification.

LTCG on JDA Year Reopened: Tribunal Sends Case Back for Proper Verification

December 10, 2025 135 Views 0 comment Print

ITAT Pune restored LTCG issue for AY 2015-16 to CIT(A)/NFAC, directing assessee to submit cost details & evidences, ensuring proper verification and fair adjudication.

ITAT Dismisses Rs. 24 Crore Additions Over Third-Party Documents

December 10, 2025 441 Views 0 comment Print

Additions based on decoded entries from a third-party cash book were struck down, as they did not align with the assessee’s audited books or bank statements, reinforcing the ‘dumb document’ principle.

Non-production of arrested person before Magistrate within 24 hours renders arrest illegal

December 10, 2025 756 Views 0 comment Print

Bombay High Court held that non-production of arrested person before the nearest Magistrate within 24 hours of the detention renders the arrest completely illegal and in violation of clause 2 of Article 23. Accordingly, the applicant would have to be released on bail.

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