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Judiciary

ITAT Rejects Revision Since Issue Was Debatable and AO’s View Was Plausible

December 5, 2025 960 Views 0 comment Print

Because differing judicial views existed on taxation of co-operative society interest income, the AO’s accepted position could not be termed erroneous. The Tribunal ruled that debatable issues cannot trigger section 263 revision.

Reassessment Quashed Due to Unsigned 143(2) Notice: Mandatory Signature Requirement Ignored

December 5, 2025 906 Views 0 comment Print

Tribunal held that an unsigned 143(2) notice violates Section 282A(1), making reassessment void. Ruling confirms that signature is mandatory and cannot be cured under Section 292B.

Routine Business Cash Deposits Not Taxable Despite No ITR

December 5, 2025 657 Views 0 comment Print

ITAT Ahmedabad rules routine cash deposits of small traders cannot be treated as unexplained income under Section 69A, even if no return is filed.

Section 56(2)(vii)(b) Addition Overturned for Earlier Property Booking

December 5, 2025 408 Views 0 comment Print

ITAT Mumbai ruled that a flat booked in 2009 is valued based on that year, even if the flat number changed later, preventing a ₹1.26 crore addition under Section 56(2)(vii)(b).

Revenue’s Section 68 Challenge Rejected on Evidence and Repayment

December 5, 2025 678 Views 0 comment Print

The assessee furnished PANs, bank statements, and confirmations proving the genuineness of share capital and loan transactions, leading to dismissal of the Revenue appeal. Both CIT(A) and Tribunal confirmed that repayment and identity verification are sufficient. This reinforces legal certainty in documented transactions under Section 68.

Advance Loss Treated as Trading Loss: ITAT Allows ₹1.5 Cr Write-Off

December 5, 2025 432 Views 0 comment Print

ITAT held that ₹1.5 Cr advance for a real estate project, which became irrecoverable, qualifies as a trading loss under section 28. The decision reverses AO and CIT(A) disallowances, allowing the loss as a business expense.

Prospective Resolution Applicant doesn’t have vested right to challenge approved resolution plan

December 5, 2025 969 Views 0 comment Print

NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challenge a resolution process or an approved resolution plan. Accordingly, appeal is dismissed.

Finance Broker Taxed Only on Brokerage as No Evidence of Income Found

December 5, 2025 453 Views 0 comment Print

CIT(A)’s order upheld; assessee acted as a middleman, and no evidence supported AO’s mechanical addition. Only Rs.15.42 lakh as brokerage recognized.

Extension of 60 days granted for execution of Scheme of Arrangement

December 5, 2025 381 Views 0 comment Print

NCLAT Chennai grants extended period of 60 days to make full and final payment for execution of Scheme of Arrangement. Accordingly, order is quashed and extension of 60 days is allowed.

Discretionary remedy in fraudulent claim of GST Input Tax Credit not granted

December 5, 2025 444 Views 0 comment Print

Rajasthan High Court held that discretionary remedy claimed by the petitioner not granted as it is a case which involves fraudulent availment of GST Input Tax Credit exceeding Rs. 100 Crore. Accordingly, writ petition dismissed.

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