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Judiciary

Provisional GST Attachment Sustained After Misrepresentation of Notice Receipt Date

December 8, 2025 348 Views 0 comment Print

The Court held that the Petitioner misrepresented the date of receiving the provisional attachment notice. Bank accounts cannot be freely operated, subject to a minimum balance of ₹1 crore.

Reassessment Notice for AY 2017-18 Invalid Due to Time-Bar Under Section 149

December 8, 2025 1836 Views 0 comment Print

The Telangana High Court held that a Section 148 notice issued for AY 2017-18 was invalid and barred by the six-year limitation under the first proviso to Section 149. Reopening assessments beyond the prescribed period is impermissible.

Addition Upheld for Books Rejection but Arbitrary Net profit Estimation Deleted

December 8, 2025 543 Views 0 comment Print

The Tribunal upheld the rejection of unreliable books but ruled that the AO could not estimate net profit at 12% without justification, vacating ₹65.08 lakh addition.

Gujarat HC Quashes Time-Barred Section 148 Notice Post-TOLA

December 8, 2025 513 Views 0 comment Print

The Gujarat High Court held a notice issued under section 148 of the Income Tax Act invalid as it was issued beyond the permissible “surviving time” defined by the Supreme Court.

Rule 46A Violated: Rs. 20 Cr Loan Additions Sent Back for Inquiry

December 8, 2025 354 Views 0 comment Print

ITAT restored Rs. 20 Cr in unsecured loans, interest, and squared-up loans for fresh verification, noting CIT(A) erred by deleting additions at the stroke of a pen. Large new loans and substantial repayments required independent checks on purpose and creditworthiness. The ruling reinforces that appellate deletion without inquiry violates Rule 46A and legal principles under sections 68 and 69.

GST Notice Issued to Deceased Person Quashed by Delhi HC

December 8, 2025 669 Views 0 comment Print

The Delhi High Court ruled that a GST Show Cause Notice issued after the death of the proprietor is void ab initio, quashing both the notice and the resulting order. Recovery may proceed against the deceased’s estate.

ITAT Dismisses Revenue Appeal on 110 Cr Current Liabilities Dispute

December 8, 2025 414 Views 0 comment Print

Rs. 99.86 Cr out of Rs. 110 Cr added as current liabilities was deleted by CIT(A) and upheld by ITAT. Verification of ledgers, statutory dues, and party confirmations showed actual liability reduction during the year. This highlights the role of detailed evidence in defending balance sheet claims.

Reply SCN for Wrong Availment of GST ITC & Undisclosed Turnover: Delhi HC

December 8, 2025 414 Views 0 comment Print

The Court observed that relevant turnover and business details were not disclosed in the petition. It instructed the Petitioner to submit an affidavit providing turnover, business nature, and ITC details before proceeding with adjudication.

Mechanical u/s 153D Approval Invalidates u/s 153C Assessment: ITAT Quashes Entire Proceedings

December 8, 2025 363 Views 0 comment Print

The issue involved a common sanction letter covering multiple assessees and years, issued on the same day the AO sought approval. ITAT found this composite approval inconsistent with judicial mandates requiring individualized scrutiny. As a result, the assessment was declared void ab initio, making all additions infructuous.

Income Tax Proceedings Cannot Be Initiated Against a Deceased Person: Calcutta HC

December 8, 2025 753 Views 0 comment Print

Calcutta High Court set aside an income tax assessment order initiated in the name of a deceased individual, highlighting that proceedings must be directed to legal heirs.

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