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Judiciary

Appeal Closed as Fresh Appeal Filed: Tribunal Accepts Withdrawal Request

November 25, 2025 282 Views 0 comment Print

The Tribunal permitted withdrawal after the appellant cited an inadvertent error and confirmed that a fresh appeal was already pending. The case was dismissed as withdrawn.

Section 148A(b) Notice Invalid as It Was for mere Inquiry: Gujarat HC

November 25, 2025 762 Views 0 comment Print

The Gujarat High Court held that a notice issued under Section 148A(b) was procedurally flawed as it functioned as a Section 148A(a) inquiry. The notice, order under Section 148A(d), and subsequent notice under Section 148 were quashed.

ITAT Remands Case as Notices Sent to Wrong Email; Assessee Directed to Pay ₹5,000 Costs

November 25, 2025 432 Views 0 comment Print

The Tribunal found that hearing notices were sent to the wrong email address, resulting in an ex-parte order. The matter was remanded to the AO after directing the assessee to deposit ₹5,000 as costs.

Madras HC Upholds Income Tax Search After Finding Valid Reason to Believe

November 25, 2025 714 Views 0 comment Print

The Court held that the search was valid after reviewing the recorded reasons and information. It ruled that jurisdiction existed under Section 132 and that challenges to procedural aspects did not invalidate the search.

Service Tax on Property Deals: HC Affirms Industrial Company Acted as ‘Real Estate Agent’ Through Quick ‘Flip’ Transactions

November 25, 2025 354 Views 0 comment Print

Court confirms that income from resale of immovable property is taxable under Finance Act 1994. Extended limitation period and penalties remain valid.

ITAT Delhi: Recorded Cash Sales Accepted; Minimal 10% Addition Sustained

November 24, 2025 381 Views 0 comment Print

The AO alleged concocted sales but brought no evidence, and the CIT(A) also found no discrepancies in the accounts. With complete documentation showing genuine sales and business use of funds, the Tribunal removed most of the addition. Section 115BBE was also ruled inapplicable for the year.

Revision on Bogus Sales Quashed – Pending CIT(A) Appeal Bars Section 263

November 24, 2025 678 Views 0 comment Print

ITAT Delhi held that PCIT’s revision under section 263 on alleged bogus sales was invalid since the same transactions were already under appeal before CIT(A). Substituting the AO’s judgment without showing assessment was erroneous and prejudicial was impermissible.

Penalty Deleted: Credits Were Already Declared as Interest Income

November 24, 2025 291 Views 0 comment Print

ITAT Delhi admitted additional evidence proving that bank credits considered unexplained were interest income already declared in returns. The Revenue could not contest the factual reconciliation. The penalty under section 271(1)(c) was deleted in full.

ITAT Delhi: Sales Commission Not Taxable—No PE, No Business Connection

November 24, 2025 414 Views 0 comment Print

ITAT Delhi deletes ₹16.97 Cr addition; Denmark-based LM Wind Power AS has no PE or business connection in India. Royalty taxable u/s 115A; penalty u/s 271AA unsustainable.

Share Capital Call-Money ₹2.10 Cr Deletion u/s 68; ITAT Upholds Genuineness

November 24, 2025 399 Views 0 comment Print

ITAT Delhi deletes ₹2.10 Cr addition u/s 68 for share call-money; statements not supplied or cross-examined. Identity, creditworthiness & genuineness of subscribers proven; ad-hoc disallowance also deleted.

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