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Judiciary

15% Deduction under Section 11(1)(a) Applies to Gross Receipts, Not Surplus: ITAT Pune

November 6, 2025 762 Views 0 comment Print

ITAT Pune reaffirmed that 15% accumulation permitted under Section 11(1)(a) must be computed on gross receipts. Revenue’s argument restricting it to surplus was rejected, relying on consistent rulings of Supreme Court and High Courts.

Section 7 application under IBC admitted as debt and default proved

November 6, 2025 567 Views 0 comment Print

NCLT Delhi held that application under section 7 of the Insolvency and Bankruptcy Code, 2016 against M/s. Shriram Skill and Education Ltd. [Corporate Debtor] is admitted since debt and default duly proved. Accordingly, present appeal is allowed.

PCIT Revision Upheld: AO Failed to Verify Low Profit Margin & Audit Need (Sec 263)

November 6, 2025 522 Views 0 comment Print

ITAT sustained PCIT’s revisional order under Section 263, ruling that AO’s mechanical acceptance of a low profit margin return without proper inquiry was both erroneous and prejudicial to Revenue’s interest. AO failed to examine applicability of mandatory audit under Section 44AB and correctness of declared profit ratio in liquor trade.

ITAT Replaces Rule 8D with Reasonable Estimate, Cuts ₹3.05 Cr Disallowance to ₹10 Lakh

November 6, 2025 405 Views 0 comment Print

Pune ITAT significantly reduced Section 14A disallowance, ruling that administrative expenses relating to a proprietary concern with no investments must be excluded from computation. ITAT applied a reasonable estimate of Rs.10 lakh after finding expenses like depreciation and property tax had no nexus with earning exempt income.

Ex-Parte Reassessment Quashed: HC Grants Fresh Chance for Bona Fide Omission

November 6, 2025 357 Views 0 comment Print

The High Court set aside the ex-parte assessment and appeal order, granting the partnership firm another opportunity to respond to the Section 148 notice. The ruling accepts the taxpayer’s non-response as due to bona fide, unavoidable circumstances.

Address Change Justifies Non-Participation: HC Restores Reassessment to 148A Stage

November 6, 2025 300 Views 0 comment Print

Karnataka High Court set aside the ex-parte reassessment (u/s 147 and 144) because all preceding notices (including 148A) were mailed to taxpayer’s outdated address. HC found merit in bona fide non-receipt due to address change and remanded matter for fresh consideration.

HC Quashes Reassessment as JAO Violated Faceless Mandate Section 151A

November 6, 2025 849 Views 0 comment Print

The Karnataka High Court set aside the reassessment (u/s 147 and 148) because the jurisdictional AO issued notices, violating the Section 151A mandate for faceless reassessment. The ruling reinforces that all orders based on notices issued outside the scheme’s scope are void and stand quashed.

Faceless Reassessment Quashed: Notices Issued Outside Scope of Section 151A Invalid

November 6, 2025 651 Views 0 comment Print

The Karnataka High Court set aside the reassessment notices (u/s 148A and 148) because the jurisdictional AO issued them, violating the mandate of Section 151A under the faceless scheme. The ruling confirms that notices issued outside the centralized, faceless framework are invalid and without authority.

Compound Rubber Unvulcanised Classified Under Heading 40051000: CAAR Mumbai

November 6, 2025 363 Views 0 comment Print

CAAR Mumbai held that unvulcanised compound rubber made of natural rubber, carbon black, and stearic acid is classifiable under Heading 4005 1000 of Customs Tariff Act, 1975.

CAAR Classifies Heat Sinks for Data Center Switches as Parts Under Heading 8517

November 6, 2025 378 Views 0 comment Print

CAAR Mumbai ruled that customized heat sinks used in PCBAs of data center switches and uplink cards are classifiable under 8517 79 90 as parts of communication apparatus.

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