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Judiciary

Reopening on Wrong Reason Quashed: ITAT Deletes Section 68 Addition

December 1, 2025 843 Views 0 comment Print

ITAT ruled that reopening was bad in law as reasons cited property purchases, while additions related to cash credits—showing no live nexus. The case reaffirms that reassessment must be based on specific, relevant material.

ITAT Rules Exemption Cannot Be Denied for Curable Form 10B Defect

December 1, 2025 495 Views 0 comment Print

Delhi ITAT held that non-filing of Form 10B is a curable defect and the assessee must be given an opportunity under section 139(9). Gross receipts cannot be taxed in entirety if exemptions fail.

Loss not speculative when shares were acquired on conversion of partly convertible debentures

December 1, 2025 267 Views 0 comment Print

Gujarat High Court held that Explanation to section 73(1) of the Income Tax Act cannot be applied to loss on sale of shares which were acquired on conversion of partly convertible debentures. Hence, loss on sale of such shares is not speculation loss and hence set off allowed.

Passing of multiple adjudication order for single tax period is impermissible under GST Act

December 1, 2025 639 Views 0 comment Print

Karnataka High Court held that passing of multiple adjudication orders under section 73(9) of the Karnataka Goods and Services Tax Act, 2017 [GST Act] for single tax period is impermissible in law and hence quashed. Accordingly, writ petition is allowed.

Demonetisation Cash Deposits Not Unexplained: ₹45 Lakh Addition Deleted

December 1, 2025 615 Views 0 comment Print

The ITAT held that cash deposits recorded in books and from legitimate business sales during demonetisation cannot be treated as unexplained under Section 69A. Entire addition of ₹45.23 lakh was quashed.

No question of denying exemption u/s. 11 since there is no retention of income

December 1, 2025 222 Views 0 comment Print

Gujarat High Court held that since for the year under consideration, there is no retention of income but in fact there is a deficit of 7%, hence the question of denying the exemption under section 11 of the Income Tax Act wouldn’t arise. Accordingly, writ petition is allowed.

TP Adjustment Under 80IA(10) Dismissed for Lack of Evidence

December 1, 2025 333 Views 0 comment Print

The Delhi ITAT upheld deletion of ₹2.57 crore TP adjustment, confirming that mere margin variations do not trigger 80IA(10) without evidence of profit manipulation. Revenue’s appeal dismissed.

Recovery of interest under GST not tenable as intimation in Form GST DRC-01D not issued

December 1, 2025 753 Views 0 comment Print

Gujarat High Court held that recovery of interest amount which became due u/s. 50(1) of the CGST Act can be done only after issuance of intimation in Form GST DRC-01D. Accordingly, order quashed with direction to department to initiate proceedings by issuance of notice in Form GST DRC-01D.

Customs SCN Extension Under Section 110 Valid Only if Approved Before 6-Month Expiry

November 30, 2025 1044 Views 0 comment Print

Delhi High Court holds that an extension of the six-month period to issue a show-cause notice under Section 110(2) of the Customs Act must be communicated before expiry of the initial period. Delay in issuance renders detention invalid.

Excise Duty Exemption Denied as Goods Sold to Intermediary, Not Exported

November 30, 2025 366 Views 0 comment Print

The court held that goods supplied to an intermediary did not qualify for export duty exemption, affirming that factual findings by the Tribunal were correct.

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