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Judiciary

One-Day Notice Invalidates Reassessment: ITAT Chennai Quashes U/s 148A(b) Proceedings

December 15, 2025 405 Views 0 comment Print

ITAT Chennai held that issuing a notice under Section 148A(b) with only one day to respond violates the statutory minimum of seven clear days. All consequential proceedings, including the 148 notice and reassessment, were quashed as non-est, while substantive additions were left open as academic.

Acknowledgment of liability by Corporate Debtor constitutes valid acknowledgment for both borrower and guarantor

December 15, 2025 1008 Views 0 comment Print

NCLAT Delhi held that acknowledgment of liability by Corporate Debtor in its balance sheets constitutes valid acknowledgement for both borrower and guarantor. Accordingly, the present appeal is allowed.

175-Day Delay Condoned by ITAT for Remote Villager Assessee

December 15, 2025 303 Views 0 comment Print

The Tribunal highlighted that non-receipt of assessment notice and lack of knowledge about tax procedures justified the 175-day delay. The appeal was restored to the AO, ensuring the assessee is given proper opportunity to present his case.

ITAT Amritsar Deletes Section 69A Addition on Demonetisation Cash Sales

December 15, 2025 612 Views 0 comment Print

ITAT Amritsar ruled that accepting demonetised currency beyond the permitted date does not ipso facto create unexplained income under Section 69A. The assessee’s cash sales were already included in gross turnover, so no further addition was justified.

Writ challenging adjudication order u/s. 73 of GST Act after inordinate delay dismissed

December 15, 2025 687 Views 0 comment Print

Orissa High Court held that filing of writ petition challenging adjudication order under section 73 of the GST Act after inordinate delay of around one year with adequate reasoning for inordinate delay cannot be entertained. Accordingly, writ petition is dismissed.

ITAT Restores Section 54F Dispute to CIT(A) After Death of Assessee

December 15, 2025 258 Views 0 comment Print

The Tribunal set aside the prior order as the deceased assessee could not represent himself and legal heirs were not on record. CIT(A) is directed to consider all issues afresh, including denial of indexed cost and 54F exemption.

Penalty order u/s. 271D/271E beyond 6 months from assessment is barred by limitation

December 15, 2025 1359 Views 0 comment Print

ITAT Jaipur held that penalty orders under section 271D and 271E of the Income Tax Act passed beyond 6 months from end of the month in which assessments were completed is barred by limitation. Accordingly, appeal of revenue stands dismissed.

ITAT Confirms U/s 263 Revision for Unexamined U/s 80G Donation

December 15, 2025 810 Views 0 comment Print

The ITAT held that the AO’s allowance of an 80G deduction without examining the background of M/s. Aadhar Foundation was erroneous. The decision reinforces that Explanation-2 to Section 263 requires verification when there is material indicating possible bogus donations.

Reassessment u/s. 148 quashed as name of petitioner doesn’t appear in seized material

December 15, 2025 786 Views 0 comment Print

Gujarat High Court held that reopening of assessment under section 148 of the Income Tax Act is liable to be quashed since name of the petitioner is not appearing in any of the information and documents which were found during course of search. According, petition is allowed.

Revision proceeding u/s. 263 quashed as AO has taken plausible view

December 15, 2025 435 Views 0 comment Print

ITAT Hyderabad held that invocation of revisionary jurisdiction under section 263 of the Income Tax Act unsustainable since AO has taken plausible view. Accordingly, assessment order is neither erroneous nor prejudicial hence revision order quashed.

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