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Judiciary

Defective Sanction under Section 279(1) Vitiates Prosecution: SC

December 29, 2025 1038 Views 0 comment Print

The High Court held that prosecution was invalid because the officer who filed the complaint lacked authority under the sanction granted, reinforcing that sanction is a jurisdictional prerequisite.

Notional Addition on Alleged Understatement of Sales — Held Without Authority of Law

December 29, 2025 510 Views 0 comment Print

The Tribunal held that the tax department cannot substitute actual sale consideration with a notional market price without express legal provision, and deleted the entire addition.

Old Cash Withdrawal Claim Rejected for Demonetisation Deposits

December 29, 2025 579 Views 0 comment Print

The Tribunal upheld addition of demonetisation cash deposits after rejecting the claim that funds came from old cash withdrawals. Mere assertion of past withdrawals, without evidence of cash retention, was held insufficient.

Mechanical Appellate Order Quashed for Ignoring Rule 46A

December 29, 2025 528 Views 0 comment Print

The Tribunal found the appellate order mechanical where Rule 46A evidence was filed but not examined. The matter was sent back for fresh adjudication after proper verification.

Interim Compensation Not Taxable Until Final Court Settlement

December 29, 2025 564 Views 0 comment Print

The Tribunal held that compensation received under interim court orders is contingent and does not accrue as income. Taxability arises only in the year when litigation is finally settled and the amount crystallises.

60% Tax Under Section 115BBE Not Applicable Before 1 April 2017

December 29, 2025 771 Views 0 comment Print

The Tribunal held that the enhanced 60% tax rate cannot apply to transactions before 01.04.2017. For AY 2017-18, unexplained cash additions relating to earlier transactions are taxable only at 30%.

Half-Way Condonation Invalid: Time-Barred Appeal Can’t See Merits

December 29, 2025 504 Views 0 comment Print

The Tribunal ruled that once an appeal is rejected as time-barred, the appellate authority cannot adjudicate it on merits. A contradictory approach violates jurisdictional discipline and warrants remand.

NFAC Order Quashed for Casual and Non-Application of Mind

December 29, 2025 261 Views 0 comment Print

ITAT ruled that an appeal cannot be rejected mechanically on alleged defects when records show compliance. The case was remanded for fresh, reasoned adjudication after proper hearing.

Limitation Runs From Statutory Reply Period, Not Actual Reply Date

December 29, 2025 540 Views 0 comment Print

The issue was whether reassessment notices issued after April 2021 were valid. The Tribunal held that notices issued beyond the surviving time limit were barred, rendering all reassessment proceedings void.

Invocation of extended period not justified as inadmissible Cenvat Credit duly reflected in return

December 29, 2025 558 Views 0 comment Print

CESTAT Allahabad held that extended period of limitation is not invocable since alleged inadmissible cenvat credit was duly reflected in the return. Accordingly, demand beyond normal period of limitation set aside.

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