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Judiciary

ITAT Hyderabad Directs AO to Reassess Charitable Expenses with Evidence

November 30, 2025 285 Views 0 comment Print

The ITAT Hyderabad allowed claims for charitable expenditures after verifying vouchers and accounts, emphasizing that disallowances cannot be made without substantive evidence.

Farmhouse Qualifies as Residential House: Delhi ITAT Upholds Section 54F Relief

November 30, 2025 5952 Views 0 comment Print

The tribunal dismissed the revenue’s appeal, holding that the assessee was entitled to ₹2.36 crore deduction under Section 54F. Evidence showed only one residential property purchase, and farmhouse classification did not disqualify the claim.

AO’s Suspicion Not Evidence: Section 68 not Apply to Opening Balances

November 30, 2025 1125 Views 0 comment Print

Commission payments to agents were held genuine for AY 2013-14 and 2014-15. Tribunal directed deletion of disallowances as payments were backed by bank records, TDS, and recipient confirmations.

Bogus Purchases: Only 6% Profit Element Taxable: Delhi ITAT

November 30, 2025 1776 Views 0 comment Print

Delhi ITAT upholds CIT(A) order, ruling that only profit embedded in alleged bogus purchases can be taxed, not the full purchase value.

Satisfaction Note of 24.05.2021 Shifts Search-Year: ITAT Holds AY 2011-12 Outside Six-Year Block

November 30, 2025 441 Views 0 comment Print

ITAT Delhi held that AY 2011-12 is barred by limitation under Section 153C as the deemed search year started only when documents were received in 2021, nullifying the reassessment and related penalties.

Lack of Board Affiliation Not a Barrier: ITAT Remands Section 12A Application

November 30, 2025 615 Views 0 comment Print

ITAT Delhi held that operating a primary school itself constitutes “education,” removing the need for CBSE or DOE affiliation for 12A registration under the Income Tax Act.

Reassessment Found Erroneous for Not Applying Checkmate Law—Revision Justified

November 30, 2025 597 Views 0 comment Print

ITAT confirmed Section 263 revision after finding that the AO wrongly allowed delayed PF/ESI contributions despite binding Supreme Court law. The reassessment was deemed erroneous and prejudicial to Revenue.

Detained Cigarettes Released After HC Finds CGST Authorization Invalid

November 29, 2025 540 Views 0 comment Print

The Delhi High Court found that the search, seizure, and detention of goods under Section 67(2) CGST were invalid, as statutory conditions were not met.

Section 148 Notices Held Defective for Post-April Issuance Despite March Dating

November 29, 2025 846 Views 0 comment Print

The Court held that Section 148 notices dated 31 March 2021 but issued after that date could not be treated as issued within the old limitation period. The ruling applies the amended reassessment framework and the Supreme Court’s directions in similar cases.

Modest Refund Amount: SC Declines Interference, SEZ Refund Issue Still Open

November 29, 2025 501 Views 0 comment Print

The Court held that pending SLP does not bar enforcement of binding High Court precedent. The petitioner’s refund of ₹65 lakh for unutilized IGST was reinstated.

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