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Judiciary

Calcutta HC Directs Advance Ruling Board to Expedite Joint Venture Tax Ruling Ahead of Revised ITR Deadline

December 16, 2025 522 Views 0 comment Print

The court directed the Board of Advance Rulings to expedite the disposal of a pending application under Section 245Q, ensuring timely filing of tax returns by the petitioner.

No TDS on Arbitral Award Without Statutory Authority; Refund Ordered – Calcutta HC

December 16, 2025 771 Views 0 comment Print

The court directed the refund of TDS erroneously deducted from an arbitral award, ruling that interest on the TDS is not payable. The Execution Petition was disposed of accordingly.

Foreign Shares Bought in Daughter’s Name Not Unexplained When Fully Disclosed: ITAT Delhi

December 16, 2025 582 Views 0 comment Print

The Tribunal held that foreign investments disclosed in Schedule FA and backed by sufficient income cannot be treated as unexplained. Mechanical application of section 69 was rejected.

Constitutional Challenge Admitted Because Pre GST SCN Consultation Made Discretionary

December 16, 2025 846 Views 0 comment Print

While allowing proceedings to continue, the Court restrained enforcement of any final order arising from the show cause notice pending further directions.

Section 263 Revision Quashed as Penny Stock LTCG Was Examined & AO Took Plausible View

December 16, 2025 1344 Views 0 comment Print

ITAT held PCIT cannot revise assessment where penny stock LTCG transactions were fully examined and AO adopted a permissible view.

Excise Appeal Rejected as Cross-Examination of Panchas & Co-Noticees Was Denied

December 16, 2025 630 Views 0 comment Print

The High Court upheld the tribunal’s decision, emphasizing that statements of pancha witnesses and co-notices cannot be relied upon without allowing cross-examination, ensuring fair adjudication under the Central Excise Act.

Calcutta HC Sets Aside GST Rectification Rejection for Denial of Personal Hearing

December 16, 2025 495 Views 0 comment Print

The case examined whether a GST authority can reject a rectification application without granting a hearing. The High Court set aside the rejection, holding that denial of hearing causing civil consequences violates principles of natural justice.

Delay before CIT(A) not fatal: ITAT restores reassessment to AO for fresh adjudication

December 16, 2025 360 Views 0 comment Print

ITAT restored the case to the Assessing Officer to examine jurisdictional defects, evidence, and applicability of section 115BBE. Technical dismissal by the appellate authority was set aside.

E-Way Bill Expiry Alone Cannot Justify Motorcycle Seizure if Documents & Delivery Proof Exist

December 16, 2025 3810 Views 2 comments Print

The case involved detention of two-wheeler vehicles for e-way bill expiry. The High Court quashed the seizure, noting that proper invoices, registration, and GPS tracking showed no intent to evade tax.

Reopening Beyond 4 Years Quashed for No Failure Allegation

December 16, 2025 252 Views 0 comment Print

SEO Description: The Tribunal ruled that sanction granted by merely stating as per annexure reflects no independent application of mind. Such mechanical approval violates statutory requirements. Consequently, the reassessment proceedings were set aside.

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