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Judiciary

Form 10B Filing Held Directory, Not Mandatory for Section 11

December 27, 2025 363 Views 0 comment Print

The Tribunal held that a minor delay in filing Form 10B is a procedural lapse and not fatal to exemption under section 11. Substantive charitable benefits cannot be denied for trivial delays.

Bogus Commission to Shell Entity Taxable Under Section 68

December 27, 2025 399 Views 0 comment Print

The Tribunal held that commission paid to a shell concern with no real services is taxable as unexplained credit. Claims that expenditure related to an earlier year were rejected.

Crypto Closing Stock Addition Remanded Due to Procedural Illegality

December 27, 2025 414 Views 0 comment Print

The Tribunal remanded the case involving addition of crypto closing stock after finding procedural defects. The appellate authority must first decide limitation before examining merits.

Adjudicating authority having highest tax demand will adjudicate cases involving multiple parties

December 27, 2025 603 Views 0 comment Print

Delhi High Court held that in cases involving multiple parties, the adjudication cannot be done by different Commissionerates, the Adjudicating Authority is fixed on the basis of the jurisdiction which has the highest amount of demand tax.

Consolidation of multiple tax periods in single show cause notice under GST is impermissible

December 27, 2025 1719 Views 0 comment Print

Karnataka High Court held that clubbing / consolidation / bunching/ combining of multiple tax periods/financial years in a Solitary/Single/Composite Show cause notice issued under Section 73 / 74 of the CGST / KGST Act is illegal, invalid, impermissible and without jurisdiction or authority of law.

Once Limitation Ends, TPO Route Cannot Extend Assessment Time

December 27, 2025 804 Views 0 comment Print

The Tribunal held that a transfer pricing reference made after expiry of assessment limitation is void. Once time has run out under section 153, subsequent TPO action cannot resurrect the assessment.

Order of Competent Authority granting or refusing sanction u/s. 151 is not appealable order

December 27, 2025 534 Views 0 comment Print

Uttarakhand High Court held that order of the Competent Authority granting sanction or approval or refusing to grant sanction or approval u/s 151 of the Income Tax Act of 1961 is neither a revisable order, nor an appealable order.

Section 148A Proceedings Cannot Cure Invalid Old Reassessment Notice

December 27, 2025 1131 Views 0 comment Print

The Tribunal ruled that once the original notice itself is jurisdictionally invalid, later compliance with section 148A is irrelevant. Foundational defects cannot be remedied procedurally.

Levy of interest on delayed filing of GST return not justified as cash deposit before due date and ITC available

December 27, 2025 750 Views 0 comment Print

Karnataka High Court held that levy of interest u/s. 50 of the Central Goods and Services Tax Act, 2017 on delayed filing of return not justified as cash is deposited to Electronic Cash Ledger on or before the due date and the amount towards tax by way of Electronic Credit Ledger was available in the Electronic Credit Ledger.

Final assessment order u/s. 153A without issuance of draft assessment order u/s. 144C is void

December 27, 2025 756 Views 0 comment Print

ITAT Chandigarh held that passing of final assessment order under section 153A of the Income Tax Act without issuing draft assessment orders under section 144C of the Income Tax Act is untenable. Accordingly, final assessment order u/s. 153A is quashed.

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