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Judiciary

Interest on Income Tax Demand Starts After 30 Days of Valid Section 156 Notice

November 9, 2025 831 Views 0 comment Print

Punjab & Haryana High Court held that interest on income tax demand arises only after expiry of 30 days from a valid notice under Section 156, not from an earlier notice that ceased to exist.

Updated 26AS Can’t Shift Income — ITAT Deletes Wrong-Year Addition

November 9, 2025 627 Views 0 comment Print

The Tribunal condoned an 86-day delay in filing the appeal, accepting the assessee’s unavoidable family issues as a reasonable cause. This confirms that genuine reasons can justify late appeals under tax law.

Common Area Maintenance Is a Contract — ITAT Again Says 194C, Not 194I, for PVR Inox

November 9, 2025 450 Views 0 comment Print

The Tribunal held that common area maintenance (CAM) charges are separate from rent and constitute contractual payments, making them liable for TDS under Section 194C. The AO is directed to recompute CAM charges accordingly.

No Defect in Books, No Section 68- When Books Are Clean, Additions Can’t Stand

November 9, 2025 852 Views 0 comment Print

Tribunal held that incremental cash deposits in bank accounts cannot be treated as unexplained under Section 68 without concrete evidence. Addition of Rs. 40.32 lakh was deleted.

Incorrect Approval Dooms 148 Notice: ITAT Quashes Reassessment Under New Regime

November 9, 2025 795 Views 0 comment Print

The Tribunal held that the notice u/s 148 issued without prior approval of the specified authority under Section 151(ii) is invalid. The reassessment order for AY 2017-18 was quashed.

ITAT Allows TDS Credit Based on Form 26AS Despite Turnover Mismatch in Books

November 9, 2025 921 Views 0 comment Print

The Tribunal held that TDS credit cannot be restricted solely due to differences between reported turnover and Form 26AS if the assessee has correctly offered the income for tax. The appeal was allowed, directing the AO to grant full TDS credit.

ITAT Mumbai Sets Aside ₹8.9 Cr Loan Addition for Non-Service of Notices via Dysfunctional Email

November 9, 2025 357 Views 0 comment Print

Tribunal held that assessment proceedings were invalid as notices were sent to a non-functional email ID, denying assessee a fair hearing. Case remanded for fresh adjudication.

No Addition Just for Representing Clients in Bogus Share Investigation as a CA

November 9, 2025 6663 Views 0 comment Print

ITAT held that the Assessing Officer made a ₹50 lakh addition solely on estimation without any supporting material, and deleted the addition as no evidence linked the assessee to alleged bogus share transactions.

Ten-Year Section 153A Block to Be Counted from AY of Search Year, Not Before

November 9, 2025 564 Views 0 comment Print

ITAT Delhi held that reassessment for AY 2010-11 was invalid since it exceeded the ten-year limitation from the search year. The notice was declared time-barred and issued without jurisdiction.

Section 153C Notice Beyond Six-Year Block Period Held Invalid: ITAT Delhi

November 9, 2025 405 Views 0 comment Print

TAT Delhi held that a 153C assessment for AY 2012–13 was invalid, as the six-year block must be counted from date of satisfaction recorded by AO of non-searched person.

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