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Judiciary

Appeal Dismissed Because Assessee Opted for Fresh De-Novo Assessment Before AO

December 1, 2025 291 Views 0 comment Print

The Tribunal allowed withdrawal after noting that the case was already remanded under section 251(1)(a). The once a matter is reopened before the AO, the assessee may abandon the pending appeal.

Under-Reporting Penalty- AO Didn’t Decide Form 68 in Time: ITAT Deletes 270A Penalty

December 1, 2025 1344 Views 0 comment Print

The Tribunal held that the assessee cannot suffer due to the AO’s inaction under section 270AA(4), directing grant of immunity and cancelling the 270A penalty.

Reassessment Quashed: Penny-Stock Gains Fully Disclosed, No Evidence of Bogus Deals

December 1, 2025 759 Views 0 comment Print

The Tribunal ruled that additions based on third-party search without giving the assessee a chance to examine evidence violated natural justice, deleting ₹2.04 Cr and ₹64.11 Lakh for AY 2018-19 & 2019-20.

ITAT Hyderabad Deletes ₹17.55 Lakh Penalty: No Under-Reporting in Accepted 148 Return

December 1, 2025 603 Views 0 comment Print

The Tribunal held that the assessee’s delayed filing was bona fide due to disputes and legal ambiguities, and the declared income was fully accepted. No penalty under Section 270A was warranted.

Delhi ITAT Upholds TDS Demand on EDC Payments to HUDA: Section 194C Applicable

December 1, 2025 510 Views 0 comment Print

ITAT confirmed that External Development Charges paid to HUDA constitute payment for work, making TDS deduction mandatory and sustaining the demand under sections 201(1) and 201(1A).

Addition Deleted as Books Cannot Be Rejected Without Specific Defects: ITAT Hyderabad

December 1, 2025 975 Views 0 comment Print

The Tribunal ruled that audited books cannot be discarded based on generic doubts or missing vouchers. Without identifying concrete defects, the AO’s rejection of books and 12.5% profit estimation were found legally unsustainable.

Reassessment Quashed for Being Time-Barred: ITAT Holds 148 Notice Beyond Six-Year Limit

December 1, 2025 1266 Views 0 comment Print

Tribunal ruled that a 148 notice issued on 03.04.2022 for AY 2015-16 violated Section 149(1)(b)’s six-year limitation, rendering entire reassessment void. The is that notices issued after 31.03.2022 for AY 2015-16 are invalid.

Delhi ITAT Quashes Reopening Based on Mere Audit Objection: No New Material to Invoke Section 147

December 1, 2025 366 Views 0 comment Print

The Delhi ITAT held that reopening an assessment based solely on audit objections, without fresh material, is invalid. The tribunal emphasized that reassessment cannot be used for a mere change of opinion

Cross-LoC Barter Trade With PoK is Intra-State Supply: J&K HC

December 1, 2025 666 Views 0 comment Print

Court held that barter transactions between Jammu & Kashmir and PoK qualify as intra-state supplies, making GST applicable. The ruling upholds Section 74 notices as valid and directs traders to pursue statutory remedies.

Limitation Starts From Service, Not From Convenience – CIT(A) Directed to Reconsider 42-Day Delay

December 1, 2025 156 Views 0 comment Print

ITAT held that delay must be assessed from the date of service, condoned a 474-day delay, and directed the CIT(A) to reconsider the 42-day delay on merits.

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