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Judiciary

ED’s Freezing Orders Quashed for Non-Compliance with PMLA Safeguards

November 17, 2025 1848 Views 0 comment Print

The case examines whether bank-account freezing orders can stand without meeting mandatory requirements under Section 20 before invoking Section 8. The Court held that failure to follow the statutory scheme vitiated the confirmation orders. The key takeaway is that procedural lapses render downstream PMLA actions legally unsustainable.

Section 69 addition basis WhatsApp chats untenable sans source device/Evidence Act certificate: ITAT Mumbai

November 17, 2025 4509 Views 0 comment Print

The Tribunal held that unverified WhatsApp chats without Section 65B certification cannot justify additions under Section 69A. Key takeaway: digital messages must be authenticated and corroborated before being used against taxpayers.

Reassessment Notices Quashed: Time-Bar under Rajeev Bansal & Invalid Section 151 Approval

November 17, 2025 858 Views 0 comment Print

The ITAT held that a reassessment notice issued beyond the six-year limitation under Section 149 is invalid. Key takeaway: Tax authorities must strictly comply with statutory time limits.

ITAT Deletes 69A Additions as Cash Deposit from Pre-Demonetisation Balance & Flat Purchase Through Book-Entry Proven

November 17, 2025 957 Views 0 comment Print

The Tribunal found that the assessee’s audited accounts, finalized before demonetisation, clearly established sufficient cash balance to cover the ₹14 lakh deposit. Since Revenue produced no evidence of inflation or manipulation, the addition under Section 69A could not survive.

ITAT: Suspicion Alone Can’t Justify 69A Addition on Agriculturist’s Deposits

November 17, 2025 375 Views 0 comment Print

The Tribunal noted conflicting positions regarding the evidence submitted by the assessee in support of agricultural income. Since the assessment appeared incomplete and lacked thorough verification, the case was returned to the AO. The ruling directs a fair reassessment and deletion of the addition if documentary proof is found satisfactory.

AMP Intensity & BLT Methods Rejected Again; ITAT Deletes Entire AMP Adjustment – Issues Remanded

November 17, 2025 420 Views 0 comment Print

The Tribunal applied long-standing rulings invalidating the intensity and BLT approaches for AMP benchmarking, deleting both substantive and protective adjustments. The decision underscores that such methods lack statutory support.

Section 194-IA TDS Not Triggered for Partial Ownership Below ₹50 Lakh

November 17, 2025 1623 Views 0 comment Print

The ITAT Chandigarh ruled that a co-purchaser of property is not liable to deduct TDS under Section 194-IA if their individual share is below ₹50 lakh, even if total consideration exceeds the limit. The Tribunal quashed both AO and CIT(A) orders.

10(23C)(vi) Exemption Wrongly Denied; Surplus Development Fund Not Proof of Profit Motive

November 17, 2025 1401 Views 0 comment Print

The Tribunal held that use of surplus for land purchase in the society’s name reflects genuine educational intent. It rejected the view that recurring surplus amounts to profit motive and found the earlier inquiry incomplete. The application under Section 10(23C)(vi) was remanded for proper evaluation.

Expenditure on Short-Lived CAD Software Eligible for 80IC Deduction

November 17, 2025 288 Views 0 comment Print

ITAT Chandigarh ruled that CAD software with a short lifecycle and frequent upgrades qualifies as revenue expenditure, enabling full Section 80IC deduction. AO and CIT(A) orders were set aside.

Notification 12/2012-Cus. benefit allowed to Coke Breeze as used for metallurgical purpose only

November 17, 2025 492 Views 0 comment Print

CESTAT Hyderabad held that imported Chinese Coke Breeze used for metallurgical purpose only and not for any other purpose like non-metal extraction, etc. would be entitled to benefit of Notification No.12/2012-Cus dt.17.03.2012. Accordingly, order set aside and appeal allowed.

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