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Judiciary

Revenue Appeal Dismissed: 143(2) Notice Mandatory for 148 Cases

November 25, 2025 813 Views 0 comment Print

The Tribunal held that reassessment under Sections 147/143(3) is invalid without a Section 143(2) notice. It ruled that using the return filed under Section 148 triggers the mandatory requirement.

Section 68 Addition Deleted as Agreements to Sell Accepted as Valid Source of Capital

November 25, 2025 654 Views 0 comment Print

ITAT held that capital introduced from ancestral land sale cannot be treated as unexplained merely due to absence of a registered sale deed. Agreements to sell, identity records, and transaction details sufficiently proved the source.

Faceless Regime Not Exclusive: Delhi HC Confirms JAO’s Power to Issue 148 Notices

November 25, 2025 1191 Views 0 comment Print

Delhi HC ruled that both jurisdictional and faceless officers can issue Section 148 notices. It reaffirmed that faceless regime does not eliminate JAO authority until Supreme Court decides otherwise.

DVO Reference Based on Wrong Facts; Only 1.71% Difference Leads to 153A Assessment Quashed

November 25, 2025 378 Views 0 comment Print

The Tribunal found that the authorities mechanically endorsed a factually incorrect premise, resulting in an unjustified DVO reference. Such a negligible 1.71% variation could not support an unexplained-investment addition under Section 69. Due to non-application of mind throughout the process, the 153A assessment was struck down entirely.

Delhi HC Quashed GST Orders Due to Improper Service of Hearing Notice

November 25, 2025 387 Views 0 comment Print

Delhi HC set aside the orders after finding that hearing notices were neither emailed nor properly served. The matter was remitted for a fresh decision with mandatory opportunity of hearing.

Bogus Purchase Addition Unsustainable When Purchases Confirmed by GST Order

November 25, 2025 2064 Views 0 comment Print

Assessee succeeded in cross-objection as reassessment lacked jurisdiction and Section 69C addition was inapplicable, confirming deletion of addition and quashing proceedings.

Bail application in huge economic offence rejected due to pendency of 444 cases

November 25, 2025 570 Views 0 comment Print

Calcutta High Court held that the bail application of the petitioner involved in economic offence of more than Rs. 6200 crores rejected since there are 444 cases pending against the petitioner and also there are chances of tampering with evidence and influencing witnesses.

AO’s admission of not issuing Section 143(2) notice invalidates assessment: ITAT Chandigarh

November 25, 2025 573 Views 0 comment Print

Tribunal held that assessment was void because no notice under Section 143(2) was issued, confirming that such omission cannot be cured and invalidates entire assessment.

Appeal of Unsuccessful Resolution Applicant not entertained as final resolution plan not submitted

November 25, 2025 492 Views 0 comment Print

NCLAT Delhi held that appeal of Unsuccessful Resolution Applicant not entertained since after submitting preliminary Resolution Plan, applicant, did not submit final Resolution Plan and even did not participated in the Challenge Mechanism. Accordingly, appeal dismissed.

Genuine homebuyers claim not to be rejected due to delay filing as payment reflected in Corporate Debtor account

November 25, 2025 696 Views 0 comment Print

NCLAT Delhi held that the resolution professional is obliged to treat claims of genuine homebuyers, whose payments being reflected in the account of Corporate Debtor, at par with other homebuyers even when there was delay in filing their claims.

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