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Judiciary

Reopening Quashed for Lack of Disclosure Failure

December 1, 2025 267 Views 0 comment Print

The Tribunal held that reassessment beyond four years is invalid when the AO fails to show how the assessee withheld material facts. The AO merely copied Investigation Wing inputs without independent reasoning. The entire reassessment was declared void for violating the proviso to Section 147.

Cash Withdrawals Cover Deposits; No Mapping Needed & CIT(A) Cannot Enhance Without Notice

December 1, 2025 432 Views 0 comment Print

The Tribunal held that cash deposits are explained when supported by corresponding withdrawals, even without precise mapping. Once the assessee shows availability of funds, the onus shifts to the AO to rebut the explanation. The addition under Section 69A was deleted in full.

Customs duty paid on goods lost before time of clearance is to be refunded to importer

December 1, 2025 675 Views 0 comment Print

Bombay High Court held that customs duty paid on goods lost or rendered unavailable before the time of clearance for home consumptions is liable to be refunded back in terms of section 23 of the Customs Act, 1962. Accordingly, the petition is allowed.

Delhi ITAT Holds Sec.50C Inapplicable to Buyer; Repayment of Loans Quells Sec.68 Doubts—Additions Deleted

December 1, 2025 234 Views 0 comment Print

The Tribunal held that reopening based on Section 50C was unsustainable because the provision applies only to sellers, not purchasers of property. With the very foundation of reassessment failing, the addition based on circle-rate difference was deleted. The ruling underscores that incorrect legal assumptions cannot justify reopening under Section 147.

Mark ‘SoEasy’ being suggestive in nature is liable to be protected under Trade Marks Act

December 1, 2025 504 Views 0 comment Print

Delhi High Court held that the mark ‘SoEasy’ for Hindi language learning is suggestive in nature and it is settled law that suggestive Trade Marks are liable to be protected under the Trade Marks Act, 1999. Accordingly, appeal is allowed and order is set aside.

Preponderance of Probability Not Enough—Share Transactions Genuine, Section 68 Addition Deleted

December 1, 2025 264 Views 0 comment Print

The Tribunal deleted the Section 68 addition after finding no material linking the assessee to any accommodation-entry scheme. All documentary evidence—demat records, broker notes, and banking channels—supported genuine share transactions. The ruling reiterates that suspicion or probability cannot override verified evidence.

Bail in bogus firm and passing of fraudulent GST ITC due to prolonged custody

December 1, 2025 612 Views 0 comment Print

Punjab and Haryana High Court granted bail to the person accused in matter of bogus firms and passing of fraudulent Input Tax Credit under GST since claims are yet to be proved and accused has been in prolonged custody.

Resolution plan post approval of CoC and meeting Section 30(2) requirement stands approved

December 1, 2025 660 Views 0 comment Print

NCLT Mumbai held that resolution plan of Unijules Life Sciences Limited [Corporate Debtor] as submitted by S.S. Fabricators & Manufacturers P. Ltd. [Successful Resolution Applicant] approved since it is duly approved by CoC and also meets requirement of Section 30(2) of the IBC.

Suspicion Not Evidence: ITAT Strikes Down Addition Based on “Average Cash Deposit” Theory

December 1, 2025 390 Views 0 comment Print

The ITAT held that cash deposits during demonetisation could not be taxed u/s 68 when all sales were recorded, verified, and supported by stock and VAT records. Since books were audited, accepted, and showed no defect, the addition of ₹12.20 crore based on mere averages was unsustainable. The ruling confirms that documented cash sales cannot be taxed again as unexplained cash credit.

TCS not collectable on compounding fees recovered from illegal miners

December 1, 2025 378 Views 0 comment Print

Chhattisgarh High Court held that TCS provisions covered under section 206C(1C) of the Income Tax Act doesn’t apply to amount of compounding fees/ fine that was recovered from illegal miners and transporters of minerals.

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