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Judiciary

Multiple Opportunities Ignored, Yet ITAT Surat Grants Final Hearing Chance

December 18, 2025 330 Views 0 comment Print

The Tribunal held that dismissal of an appeal without effective hearing violated principles of natural justice. The matter was remanded for fresh adjudication with directions to grant adequate opportunity.

ITAT Mumbai Quashes Reopening Beyond 3 Years for Sanction by Wrong Authority

December 18, 2025 666 Views 0 comment Print

The tribunal held that a reassessment notice issued after three years was invalid as sanction was taken from an incompetent authority. The assessment was quashed for non-compliance with section 151(ii) of the Income Tax Act.

Failure to Scrutinise Exempt LTCG from Penny Stock Justifies Section 263 Action: ITAT Surat

December 18, 2025 378 Views 0 comment Print

The Tribunal upheld revision where the Assessing Officer failed to examine an exempt LTCG claim linked to penny stock manipulation. The ruling affirms that lack of inquiry makes an order erroneous and prejudicial.

Victim’s Filed ITR Binding for Income Assessment in Accident Claims: Calcutta HC

December 18, 2025 747 Views 0 comment Print

Calcutta High Court held that income tax returns filed during victim’s lifetime must be relied upon for assessing income. Compensation was enhanced after rejecting an arbitrary income assessment by Tribunal.

Customs cannot re-assess import value solely on NIDB data: CESTAT Kolkata

December 18, 2025 642 Views 0 comment Print

CESTAT Kolkata held that Customs cannot re-assess import value solely on NIDB data. Transaction value must first be rejected on cogent evidence before any enhancement.

Separate Customs Proceedings Barred After Initiation of CBLR Action: CESTAT Kolkata

December 18, 2025 480 Views 0 comment Print

CESTAT Kolkata held that once proceedings are initiated under the Customs Broker Licensing Regulations, separate penalty proceedings under the Customs Act are not permissible without independent evidence of offence.

Cancellation of Trust 12A Registration Set Aside for Violation of Natural Justice

December 18, 2025 867 Views 0 comment Print

The Tribunal set aside cancellation of charitable registration after finding lack of proper opportunity and consideration of submissions. Fresh adjudication was directed in line with natural justice.

Charitable Status of Alumni Association Upheld as Education & Aid to Poor Were Core Objects

December 18, 2025 720 Views 0 comment Print

The issue was whether certain objects benefiting members disqualified charitable registration. The Tribunal ruled that dominant charitable objects like education and aid to poor students justified granting registration.

Once Confiscated & Redeemed, Mercedes-Benz Cannot Be Confiscated Again: CESTAT Delhi

December 18, 2025 600 Views 0 comment Print

CESTAT held that once goods are confiscated and redeemed, they cannot be confiscated again. The ruling nullified confiscation and penalties imposed on a subsequent purchaser.

GST Order Quashed for Ignoring Adjournment Request While Assessee Was Abroad

December 18, 2025 582 Views 0 comment Print

Uttarakhand High Court set aside a GST order after authorities ignored a valid adjournment request despite being informed that the assessee was outside India.

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