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Judiciary

Reassessment Held Invalid Where No Addition Made on Recorded Reasons: ITAT Chennai

December 13, 2025 819 Views 0 comment Print

The Tribunal held that reassessment fails in law when the AO drops the original reason for reopening and makes an unrelated addition, rendering the entire reassessment unsustainable.

12AB and 80G Rejection Quashed for Violating CBDT SOP Mandating 15 Days’ Response Time

December 13, 2025 450 Views 0 comment Print

The Tribunal condoned a 152-day delay in filing appeals, emphasizing that the delay was unintentional and did not benefit the appellant. This reinforces the justice-oriented approach in tax appeal filings.

Cash Deposits During Demonetisation Cannot Be Treated as Unexplained When Agricultural Source Is Proved

December 13, 2025 597 Views 0 comment Print

The Tribunal deleted Rs. 26.73 lakhs added under Section 69A, holding that the deposit was from agricultural income and prior withdrawals. Revenue failed to disprove the assessee’s explanation, confirming that farmers’ cash deposits need proper evaluation.

ITAT Mumbai Restores Ex-Parte Reassessment as Capital Gains Were Taxed in Director’s Hands Instead of Company

December 13, 2025 270 Views 0 comment Print

The tribunal found that the income addition of ₹80 lakh was incorrectly attributed to the assessee personally instead of the company, allowing the appeal to proceed on merits.

Reassessment Quashed as Mandatory Seven-Day Notice Was Not Granted

December 13, 2025 603 Views 0 comment Print

ITAT held that reassessment proceedings are invalid where the Assessing Officer failed to grant the minimum seven days’ time under section 148A(b), making the entire process unsustainable.

Arbitrary 3% Profit Estimation Struck Down by ITAT Hyderabad

December 13, 2025 540 Views 0 comment Print

Tribunal ruled that examining purchases was permissible under limited scrutiny for sales mismatch. However, the 3% profit estimation was found arbitrary and sent back for fresh computation.

filing of Audit report in form 10B is directory is nature & not mandatory- Delay condoned

December 13, 2025 735 Views 0 comment Print

ITAT held that exemption under section 11 cannot be denied where the audit report in Form 10B was filed before CPC processed the return, even if the return itself was belated.

No limitation to look back when transaction held to be fraudulent under IBC

December 13, 2025 813 Views 0 comment Print

NCLAT Delhi held that once a transaction has been held to a fraudulent transaction there is no limitation to look back if the other ingredients of Section 66 (1) of the Insolvency and Bankruptcy Code are satisfied. Accordingly, appeal of appellants is dismissed.

Protective addition collapses once substantive tax paid by real owner: ITAT Rajkot

December 13, 2025 318 Views 0 comment Print

ITAT ruled that protective addition of Rs.27.74 lakh in the assessee’s hands was unjustified as the real owners of the seized gold had already been assessed.

Calcutta HC Stays Income Tax Prosecution Pending Collegium Approval Verification

December 13, 2025 426 Views 0 comment Print

The Calcutta High Court stayed proceedings under Section 279(1) after the petitioner challenged the prosecution sanction, citing lack of collegium approval and denial of personal hearing.

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