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Judiciary

Delay in Form 10-B Filing Conditionally Allowed Due to Treasurer’s Age & Pandemic

December 13, 2025 489 Views 0 comment Print

The High Court allowed a religious society to submit delayed audit documents, citing the treasurer’s age and Covid-19 as valid reasons, directing authorities to reconsider exemption under Section 11.

Legal control under a JDA constitutes transfer for capital gain: ITAT Kolkata

December 13, 2025 459 Views 0 comment Print

The Tribunal held that legal control under a JDA constitutes transfer for capital gains purposes. The assessee must provide acquisition cost details for recomputation.

Madras HC Quashes Ex-Parte GST Order on ITC Attachment on 25% Deposit

December 13, 2025 666 Views 0 comment Print

Court directed deposit of 25% disputed tax, personal hearing, and submission of reply to ensure due process before final GST order.

CIT(A) Order Set Aside as Advance Tax Requirement Misapplied in Loss Case

December 13, 2025 342 Views 0 comment Print

The ITAT restored the case for fresh adjudication, noting that the assessee filed a return showing a loss and was not given proper opportunity to be heard before dismissal of appeal.

Rule 37BA Cannot Override Section 5A While Granting TDS Credit to Goa Residents

December 13, 2025 822 Views 0 comment Print

ITAT Pune ruled that Section 5A overrides Rule 37BA, granting full TDS credit of ₹45.28 lakh to a Goa resident whose wife did not claim her share, rejecting CPC’s proportionate restriction

Profit Capped at 7% Because Search Confession Could Not Be Applied to Past Years

December 13, 2025 342 Views 0 comment Print

Rakesh Kumar Pandey Vs ACIT (ITAT Lucknow) 7% Is Reasonable, 11% Is Wishful: ITAT Reins in Profit Estimation in Contractor’s Case- When Books Are Estimated, Disallowances Die: ITAT’s Clean Sweep in Search Assessment- Search Confession Can’t Rewrite Past: ITAT Caps NP at 7% & Deletes Pre-Search Additions Issue 1: Estimation of Net Profit after Search […]

Cash Deposit Explained, Books Not Rejected: Section 68 Addition Collapses

December 13, 2025 588 Views 0 comment Print

ITAT Kolkata dismissed Rs. 6.52 crore addition under section 68, holding that cash deposits were substantiated by audited books and AO failed to reject accounts or prove them unexplained.

ITAT Bangalore Set Aside Section 80G Denial for Lack of Adequate Opportunity

December 13, 2025 267 Views 0 comment Print

The CIT(Exemption) canceled 80G approval as the trust did not submit audit reports, expenditure proof, and bank statements. The tribunal remitted the case for fresh consideration with opportunity to comply.

Tax Penalty Proceedings Deferred Until Quantum Appeal Resolution

December 13, 2025 507 Views 0 comment Print

ITAT remanded penalty proceedings to CIT(A) as the underlying quantum of income addition is pending adjudication, directing fresh consideration post-quantum decision.

Wrong PAN, Wrong 26AS, Wrong Addition: Hyper-Technical Dismissal Set Aside

December 13, 2025 387 Views 0 comment Print

The Tribunal directed a fresh adjudication after the assessee was wrongly credited with company income due to erroneous PAN and 26AS entries, emphasizing fair play over technical delay.

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