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Judiciary

GST Refund Rejection Set Aside Due to Non-Consideration of Key Limitation Ruling

December 1, 2025 633 Views 0 comment Print

The Court held that earlier orders ignored relevant High Court decisions interpreting Rule 90(3). The refund claim must now be reconsidered afresh within a fixed timeline.

ction 194H Not Applicable to Prepaid SIM/Recharge Discounts: ITAT Delhi

December 1, 2025 270 Views 0 comment Print

The ITAT ruled that Section 194H does not apply to margins or discounts given to telecom distributors for prepaid products. Distributors operate on a principal-to-principal basis, so TDS cannot be imposed on amounts not paid or credited by the assessee.

Assessments Quashed as Blank Letterheads Cannot Form Evidence: ITAT Delhi

December 1, 2025 282 Views 0 comment Print

The ITAT held that blank letterheads found during a search are dumb documents and cannot constitute incriminating material. Since no corroborative evidence existed, all 153A additions and penalties were invalidated, reaffirming that suspicion alone cannot sustain assessments.

Delhi HC Imposes Costs on Customs Officer for Unnecessary Harassment of Importers

December 1, 2025 3717 Views 0 comment Print

The Court held that objections raised by Customs lacked merit, noting similar goods were earlier cleared without issue. The review was dismissed and costs were imposed for unjustified action.

Section 264 Revision Cannot Be Denied on Technicalities for Elderly Alzheimer’s Patient

December 1, 2025 765 Views 0 comment Print

The High Court held that the Commissioner did not properly apply the wide discretionary powers under section 264. The matter was remanded for fresh consideration in light of the petitioner’s circumstances and submitted records.

Tribunal Affirms Set-Off of Lower of Book Loss or Unabsorbed Depreciation Under 115JB

December 1, 2025 546 Views 0 comment Print

The tribunal held that brought-forward losses and unabsorbed depreciation remain in the books until fully absorbed and must be allowed as reduction under Section 115JB. The ruling rejects the Revenue’s stand and upholds the CIT(A)’s deletion of the addition.

Block Assessment Can Use Search Evidence & Related Material: SC Upholds HC View

December 1, 2025 396 Views 0 comment Print

Court held that undisclosed income under Chapter XIV-B may be computed using both seized search material and other information connected to it. The ruling confirms the Assessing Officer’s power to rely on post-search enquiries if they relate to search evidence.

Undisclosed Income May Be Assessed Using Search Material & Related Information: HC

December 1, 2025 309 Views 0 comment Print

The High Court ruled that undisclosed income can be assessed using both search material and other information relatable to it, confirming the ITAT’s interpretation of Section 158-BB.

ITAT Cannot Uphold Section 263 Revision on Grounds Not Raised by Commissioner: Kerala HC

December 1, 2025 387 Views 0 comment Print

The Kerala High Court held that the Commissioner’s suo motu revision under Section 263 was unjustified, confirming that donations to other charitable trusts qualify as application of income under Section 11.

Allahabad HC Admits Appeals on Alleged Benami Property and Cash Seizure

December 1, 2025 672 Views 0 comment Print

The High Court examined a claim that cash recovered during raids originated from a 2008 family settlement. The authorities challenged this, citing suspicion of illegal gratification and procedural gaps.

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