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Judiciary

Mere change in route doesn’t attract penalty u/s. 129 of GST Act

December 26, 2025 996 Views 0 comment Print

Karnataka High Court held that mere change in route, without intention to evade tax, cannot attract penalty under section 129 of the KGST Act. Accordingly, order passed is illegal, arbitrary and contrary to law and hence petition is allowed.

Mechanical Invocation of Section 263 at AO’s Behest Held Bad in Law

December 26, 2025 678 Views 0 comment Print

Indian City Properties Limited Vs PCIT (ITAT Kolkata) The Tribunal held that the invocation of Section 263 on the proposal of the AO is not sustainable under the Act, as the PCIT failed to independently apply his mind and record satisfaction of the twin conditions. The assessment was completed under Section 143(3) r.w.s. 144B after […]

Section 271D Penalty Fails Without AO Satisfaction or Pending Assessment Proceedings

December 26, 2025 1278 Views 0 comment Print

The ITAT held that a penalty under Section 271D cannot survive without recorded satisfaction by the Assessing Officer during pending assessment proceedings.

JAO-Issued Section 148 Notice Held Void Under Faceless Scheme

December 26, 2025 732 Views 0 comment Print

The Tribunal ruled that non-compliance with the faceless reassessment scheme strikes at jurisdiction itself. JAO-issued notices post-notification were held legally unsustainable.

Post consent of borrowers no strict adherence to procedural requirements under SARFAESI required

December 26, 2025 633 Views 0 comment Print

Delhi High Court held that strict adherence to the procedural requirements under the SARFAESI Act and Rules 8 and 9 of the SARFAESI Rules cannot be insisted, as the sale of the secured asset was undertaken with the unequivocal consent of the borrowers. Accordingly, appeal is allowed.

Section 66 of IBC ingredients proved as intention to defraud creditors established

December 26, 2025 663 Views 0 comment Print

NCLAT Delhi held that intention to defraud creditors of Corporate Debtor was based on documentary evidence, accordingly, all the ingredients under section 66 of the Insolvency and Bankruptcy Code are attracted. Thus, appeal lacks merits and hence dismissed.

Revision u/s. 263 for non-verification of notional interest not justified as it is taxable only on maturity

December 26, 2025 438 Views 0 comment Print

ITAT Chandigarh held that initiation of revisionary proceeding under section 263 of the Income Tax Act for non-verification of notional interest cannot be justified since notional interest is not liable to be taxed in current year but is taxable only upon maturity hence there cannot be any evasion of tax.

Comparable Excluded Due to Functional Dissimilarity in Software Development Transfer Pricing

December 25, 2025 864 Views 0 comment Print

Tribunal held that a company engaged in diversified IT consultancy and transformation services cannot be compared with a routine software development service provider

Deemed Dividend Not Attracted Because Advances Arose from Genuine Commercial Transactions

December 25, 2025 486 Views 0 comment Print

The Tribunal held that advances linked to regular business dealings such as sale of timeshare weeks cannot be taxed as deemed dividend, reaffirming that commercial transactions fall outside section 2(22)(e)

Loan Without Written Agreement Qualifies as Financial Debt Due to Time Value of Money: NCLAT Delhi

December 25, 2025 717 Views 0 comment Print

NCLAT ruled that commercial borrowing with agreed interest constitutes financial debt even without a formal loan agreement

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