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Judiciary

Ex-Parte Assessment Set Aside with Costs, Cash Deposit Case Remanded

December 22, 2025 255 Views 0 comment Print

The issue was whether an ex-parte reassessment for unexplained cash deposits could stand despite total non-compliance. The ITAT held that substantive justice required one final opportunity and remanded the case for fresh adjudication.

Gujarat HC Stayed Final GST Order for Non-Issuance of Pre-Consultation Notice

December 22, 2025 516 Views 0 comment Print

The High Court stayed the passing of a final order after a GST demand was challenged for being issued without a DRC-01A pre-consultation notice. Authorities were restrained from concluding adjudication during pendency of the petition.

Borrowed Satisfaction: Guwahati ITAT Quashes 147 Reopening & 68 Addition on Alleged F&O Loss

December 22, 2025 264 Views 0 comment Print

The reassessment was framed by NFAC before faceless powers under section 151A were notified. The ITAT held the entire reassessment without jurisdiction and quashed both reopening and addition.

Addition quashed as cash deposit during demonetization was redeposit of cash already withdrawn

December 22, 2025 315 Views 0 comment Print

ITAT Delhi held that addition towards cash deposit during demonetization period is not sustainable since the same is redeposit of cash which was withdrawn for making salary payment or incurring any expenditure. Accordingly, the addition is deleted.

Reopening for Section 68 but Taxing u/s 115BBC Is Jurisdictional Mismatch: Pune ITAT Quashes Reassessments

December 22, 2025 306 Views 0 comment Print

The reassessments were initiated after four years based on section 68 but concluded under section 115BBC. The ITAT held that absence of valid jurisdiction and mismatch of sections rendered the reassessments void.

EDC and IDC Levy Upheld as Statutory Obligation, Not Competition Abuse: CCI

December 22, 2025 615 Views 0 comment Print

The regulator held that payment of development charges and interest flows from statutory schemes already upheld by courts. The key takeaway is that settled judicial findings cannot be reopened under competition law.

Omnibus Section 153D Approval Invalid, Entire Search Assessment Quashed

December 22, 2025 414 Views 0 comment Print

The issue was whether a single, consolidated approval under section 153D for multiple assessees is legally valid. The ITAT held that such mechanical approval shows no application of mind and vitiates the entire search assessment.

Stamp Value Disputed, Section 50C Cannot Apply Without DVO

December 22, 2025 864 Views 0 comment Print

The issue was whether capital gains could be computed under section 50C without referring valuation to the DVO despite the assessee’s objection. The ITAT held that denial of a DVO reference violates statutory rights and remanded the matter for fresh valuation.

₹94.89 Lakh U/s 69A Addition Remanded Due to Medical Emergency

December 22, 2025 249 Views 0 comment Print

The issue was whether unexplained deposits of ₹94.89 lakh could be sustained when evidence was not produced due to a serious family medical crisis. The ITAT held that genuine hardship warranted a fresh opportunity and remanded the matter for proper verification.

Search Jewellery Addition Cut for Arbitrary Expense Estimation

December 22, 2025 222 Views 0 comment Print

The Revenue sustained addition by assuming 50% of cash withdrawals were used for household expenses. The Tribunal ruled that suspicion-based estimates cannot replace evidence and granted substantial relief.

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