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Judiciary

No Proof, No Addition: ITAT Deletes ₹25 Crore 69A Cash-Loan Allegation

December 9, 2025 657 Views 0 comment Print

The Revenue relied on third-party statements and WhatsApp data to allege an unrecorded ₹25 crore cash loan, but brought no supporting inquiry or cross-examination. The Tribunal held that the AO’s conclusion was speculative, especially when bank-backed evidence, TDS records, and a registered loan agreement supported only a ₹10 crore loan. Key takeaway: additions under Section 69A require concrete evidence, not assumptions.

Service Tax Demand Set Aside Due to Misclassification of Pure-Agent Expenses

December 9, 2025 234 Views 0 comment Print

Tribunal held that amounts incurred as authorized pure-agent payments could not form part of taxable value. The ruling clarifies that failure to interpret Rule 5(2) correctly invalidated the demand.

P&H HC Upheld Registration Under Section 12AA – SC Declines Interference

December 9, 2025 393 Views 0 comment Print

Supreme Court dismissed the challenge, leaving intact the High Court ruling that registration under Section 12AA could not be denied when the institution’s educational objectives and utilization of income met statutory requirements.

Pre-Deposit via ECRL Not Valid for CGST/BGST Appeals: Patna HC

December 9, 2025 636 Views 0 comment Print

Patna High Court ruled that pre-deposit of 10% of disputed tax for CGST/BGST appeals cannot be made via Electronic Credit Ledger (ECRL), upholding mandatory use of Electronic Cash Ledger (ECL).

938 Days Delay Condoned as Appeal Was Wrongly Treated as Withdrawn

December 9, 2025 435 Views 0 comment Print

Tribunal condoned a 938-day delay after finding that the appeal was incorrectly dismissed as withdrawn under VSVS. The case was remanded to the CIT(A) for a fresh decision on the additions made under section 143(3).

Section 147 Reassessment Restored as CIT(A) Misread AO’s Findings

December 9, 2025 354 Views 0 comment Print

ITAT Lucknow restored the reassessment u/s 147 after holding that CIT(A) misread the AO’s findings and wrongly assumed verification of books and cash deposits. The Tribunal found the appellate order perverse and allowed the Revenue’s appeal.

Consultant’s Failure to Act Leads HC to Quash Ex Parte GST SCN Order; Cost Imposed

December 8, 2025 756 Views 0 comment Print

The High Court set aside a GST order against Sanjay Medicos, granting the petitioner time to reply to the SCN and a personal hearing, while leaving notification validity to the Supreme Court.

Benefit of Accumulation to Trust Restored as Form 9A Not Required for AY 2015-16

December 8, 2025 552 Views 0 comment Print

The Court held that Form 9A was not applicable to Assessment Year 2015–16 and that the option under Section 11(1) had been validly exercised through Form 10B and the return. The rejection order was quashed.

Settlement for Dropping Property Suit Not Taxable due to Absence of Transfer

December 8, 2025 786 Views 0 comment Print

Tribunal held that ₹15 crore received for withdrawing a civil suit was not consideration for transfer of a capital asset. It ruled that the assessee only gave up a right to sue, which is not taxable as capital gains.

Activities for Mahyavanshi Samaj Don’t Bar Registration for Pre-1961 Trust: ITAT Mumbai

December 8, 2025 534 Views 0 comment Print

The Tribunal held that section 13(1)(b) did not apply to a trust formed before 1961 and directed grant of registration. The key issue was whether activities for a Scheduled Caste community invalidated the application.

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