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Judiciary

Penalty Under Section 270A Deleted After 153A Assessment Fails

December 22, 2025 555 Views 0 comment Print

The issue was whether penalty could survive after the underlying assessment was quashed. The ITAT held that once the 153A assessment was annulled, the penalty under section 270A automatically fell.

Earlier Section 263 Action Cannot Justify Fresh 153C Assessment

December 22, 2025 345 Views 0 comment Print

The Revenue made additions on alleged penny-stock transactions under section 68. The ITAT held that once section 153C jurisdiction itself fails, the additions automatically fall without examination on merits.

Section 68 Addition Deleted for Ignoring Peak Credit

December 22, 2025 708 Views 0 comment Print

The issue was whether alleged negative stock justified profit estimation. The Tribunal held that value-based assumptions using average GP could not override item-wise quantitative stock records maintained on a daily basis.

GST Show Cause Notice Not Quashed Due to Alternative Remedy Available

December 22, 2025 729 Views 0 comment Print

The High Court declined to interfere with a GST show cause notice, holding that the challenge was premature. The assessee was directed to pursue adjudication and raise all legal submissions.

Non-Compete Fee Paid to Protect Business is Revenue Expenditure: SC

December 22, 2025 1188 Views 0 comment Print

The Supreme Court ruled that payments made to prevent competition, even if providing enduring business benefits, are allowable revenue expenditures and not capital expenditures.

TDS Credit Cannot Be denied by CPC Without Proper Verification: ITAT Pune

December 22, 2025 1395 Views 0 comment Print

The Tribunal held that restricting TDS credit at the CPC stage is unsustainable when Form 26AS supports the claim. Full credit must be allowed after verification under Section 199 and Rule 37BA, ensuring income–TDS linkage.

Only Real Income Taxable; ITAT Mumbai Deletes Addition, Section 11 Denial Academic

December 22, 2025 657 Views 0 comment Print

The Tribunal ruled that a trust reporting a loss cannot be taxed on gross receipts. The addition by the AO was deleted, emphasizing that only net income is relevant for taxation under section 11.

CA’s Non-Cooperation Held Sufficient Cause; Delhi ITAT Condoned 85-Day Delay

December 22, 2025 1278 Views 0 comment Print

The ITAT held that professional lapse by a Chartered Accountant is a sufficient cause, condoning an 85-day delay and restoring the appeal.

Appeal Cannot Be Dismissed for Non-Appearance Without Merits Review: ITAT Chennai

December 22, 2025 363 Views 0 comment Print

The Tribunal ruled that appellate authorities must decide appeals on merits, even if the taxpayer does not appear, reinforcing the mandate of Section 250(6).

Limitation Runs from Date of Knowledge; Cash Deposit Appeal restored

December 22, 2025 549 Views 0 comment Print

The ITAT ruled that appeal limitation must be counted from the date the taxpayer gains knowledge of the order, setting aside dismissal wrongly made on delay grounds.

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