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Judiciary

Reassessment Quashed for Relying on Wrong Person’s Transactions

December 31, 2025 648 Views 0 comment Print

The Tribunal examined whether reassessment could stand when based on information relating to another individual. It held that reopening was invalid due to absence of any tangible material against the assessee.

Revised compounding guidelines dated 17.10.2024 cannot be given retrospective effect

December 31, 2025 354 Views 0 comment Print

Madras High Court held that compounding charges payable by petitioner as per revised Guidelines dated 17.10.2024 is unsustainable since on the date of writ order i.e. 13.04.2022, the revised guidelines was not in force. Accordingly, writ petition deserved to be allowed.

Article 226 Can’t Replace Income Tax Appeal Mechanism

December 31, 2025 483 Views 0 comment Print

The writ was filed long after appellate orders were passed and without approaching ITAT. The Court held that delay and failure to exhaust statutory remedies disentitled the assessee from writ relief.

Export of Garnet is restricted vide DGFT notification dated 21.08.2018 irrespective of its origin

December 31, 2025 627 Views 0 comment Print

CESTAT Ahmedabad held that DGFT notification no. 26/2015-20 dated 21.08.2018 restricts export of Garnet irrespective of its origin. Customs tariff doesn’t distinguish between ‘Garnet found on beach’ and ‘Garnet found in inland places’.  Accordingly, confiscation of export goods uphold and penalty imposed.

Deductor Failed to Deposit TDS: Assessee Still Entitled to Credit

December 31, 2025 582 Views 0 comment Print

The dispute concerned denial of TDS credit solely due to non-reflection in Form 26AS. The Tribunal held that Form 26AS is not conclusive and factual deduction of tax overrides system mismatch.

Section 89(1) Relief Can’t Be Denied for Return-Filing Technical Lapse

December 31, 2025 588 Views 0 comment Print

Despite Form 10E being duly filed online, the claim under section 89(1) was rejected on technical grounds. The Tribunal held that such rigidity defeats justice and directed the AO to examine the claim afresh.

₹4 Cr Allegation Fails as Wrong Search Year Invalidates 153C Notice

December 31, 2025 267 Views 0 comment Print

The Revenue relied on alleged ₹4 crore unexplained investment to justify reopening beyond six years. The Tribunal ruled that even high-value allegations cannot override statutory limitation under section 153C.

Statutory Vacuum Triggers Parens Patriae: Wife Appointed Guardian

December 31, 2025 480 Views 0 comment Print

Neither the RPWD Act nor the Mental Healthcare Act addressed guardianship for comatose persons. The Court held that constitutional powers can be exercised to secure care, dignity, and asset management.

No Profit Motive, No Denial: Section 12AB & 80G Matters Reopened

December 31, 2025 411 Views 0 comment Print

The association’s surplus was not distributable to members and activities were non-profit. The ITAT ruled that these factors support charitable character and restored the case for re-evaluation.

Penal Tax Blocked: ITAT Orders Normal Rate on Cash Deposits

December 31, 2025 300 Views 0 comment Print

The Revenue invoked section 115BBE on alleged unexplained cash. The Tribunal held the provision to be prospective and barred its application for the year under appeal.

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