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Judiciary

Additions Based Solely on Tax Audit Report Set Aside for Fresh Verification

December 18, 2025 609 Views 0 comment Print

The issue was whether contingent liabilities disclosed only in the tax audit report could be added under Section 143(1). The Tribunal held that such additions require factual verification and remanded the matter for fresh adjudication.

Sales Addition Deleted After Reconciliation of VAT and Non-Trade Receipts

December 18, 2025 450 Views 0 comment Print

The issue was whether a mismatch between ledger sales and P&L sales justified a major addition. The Tribunal held that reconciliation explaining VAT, service tax, and other receipts removed the difference, making the addition unsustainable.

Delay Can Be Explained by Death Illness: ITAT Chennai Restores Appeals Dismissed In-Limine by NFAC

December 18, 2025 273 Views 0 comment Print

The issue was whether appeals could be dismissed outright for delay without examining the merits. The Tribunal held that justice required restoration where plausible reasons for delay were cited and directed reconsideration.

Charitable Trust acking 12A registration cannot be taxed on gross receipt: ITAT Delhi

December 18, 2025 939 Views 0 comment Print

 ITAT Delhi directed that a trust lacking 12A registration cannot be taxed on gross receipts; only surplus income applied outside charitable purposes is taxable.

₹50 Lakh Threshold Is Mandatory: ITAT Delhi Quashes Reassessment of Foreign Company as Time-Barred

December 18, 2025 618 Views 0 comment Print

LL Global Inc. Vs ACIT (ITAT Delhi) ₹50 Lakh Threshold Is Mandatory: ITAT Delhi Quashes Reassessment of Foreign Company as Time-Barred Delhi ITAT (Bench ‘D’) quashed the reassessment proceedings initiated u/s 147 r.w.s. 148, holding them to be barred by limitation under the amended law. The Tribunal noted that the notices u/s 148 were issued […]

Income Tax Appeals Revived Despite 3,839-Day Delay to Ensure Merits Examination

December 18, 2025 276 Views 0 comment Print

The issue was whether appeals dismissed for an extraordinary delay could be restored. The Tribunal held that, despite the assessee’s lapses, justice required giving an opportunity to seek condonation and have the case decided on merits.

CIT(E) Can’t Sit in Judgment Like AO: ITAT Delhi Restores 12AB & 80G Registration to Charitable Trust

December 18, 2025 669 Views 0 comment Print

ITAT Delhi ruled that CIT(E) cannot evaluate the merit of charitable activities when granting 12AB/80G registration, restoring the trust’s exemptions. Procedural overreach by tax authorities cannot deny valid registration.

Brokerage Is Turnover, Not Client Trades: ITAT Delhi Deletes 271B Penalty on Sub-Broker

December 18, 2025 435 Views 0 comment Print

ITAT Delhi ruled that a sub-broker’s turnover includes only brokerage income, not total client transactions, and deleted ₹1.5 lakh penalty under Section 271B.

Portal Silence Can’t Kill Appeal: ITAT Delhi Orders Condonation of 321-Day Delay in Faceless Regime

December 18, 2025 474 Views 0 comment Print

ITAT allowed condonation of a 321-day delay in appeal filing, emphasizing procedural fairness when assessment orders are delivered electronically.

Higher Depreciation Restored as 143(1) Can’t Decide Debatable Claims

December 18, 2025 327 Views 0 comment Print

The issue was whether higher depreciation on goods carriage vehicles could be disallowed during return processing. The Tribunal held that such debatable claims need scrutiny and cannot be adjusted under section 143(1).

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