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Judiciary

Denial of virtual hearing vitiates appellate order: ITAT restores matter for fresh hearing

December 13, 2025 279 Views 0 comment Print

The tribunal ruled that rejecting the assessee’s request for virtual hearing violated natural justice. The matter was restored for fresh consideration to ensure fair opportunity to present submissions.

Delay Condoned, Demonetisation Cash-Deposit Case Restored

December 13, 2025 219 Views 0 comment Print

The tribunal condoned a 458-day delay after an appeal order was sent to the wrong counsel. The case was remanded for fresh hearing to ensure the assessee’s full opportunity to present evidence in a demonetisation cash-deposit matter.

Section 144C doesn’t extend outer time limit: ITAT Hyderabad quashes TP final order as barred by limitation

December 13, 2025 600 Views 0 comment Print

ITAT Hyderabad held that the final assessment under section 143(3) r.w.s 144C(13) passed beyond statutory time limits is invalid. The ruling reinforces that the outer limit under section 153 cannot be extended, emphasizing strict compliance with limitation provisions.

SC Dismisses Delayed SLP, Upholds Quashing of Reassessment Notices

December 13, 2025 633 Views 0 comment Print

Orders issued under Sections 147A(d) and 148 were quashed as arbitrary, and the delayed SLP challenging them was dismissed, finalizing the invalidation of reassessment proceedings.

Bombay HC Quashes Reassessment and Notices as Illegal and Arbitrary

December 13, 2025 510 Views 0 comment Print

The Bombay High Court held the reassessment and associated notices illegal and arbitrary, setting aside orders under Sections 147A(d) and 148.

Delay Condoned for 81-Year-Old, Capital Gains Reassessment Restored

December 13, 2025 243 Views 0 comment Print

ITAT Hyderabad condoned a 292-day delay in filing an appeal due to the assessee’s age, dependence, and overseas travel. The case is remanded for fresh adjudication of capital gains, ensuring fair opportunity and justice.

Rule 46A Violated as Appeal Decided Without Complete Remand Exercise

December 13, 2025 561 Views 0 comment Print

The Tribunal found that once additional evidence is admitted and remand is called for, the Assessing Officer must be given an effective opportunity to respond. Deciding the appeal without waiting for the remand report was held to be legally unsustainable.

Maharashtra PSI-2007 incentive is capital receipt: ITAT allows ₹37.85-cr subsidy, rejects revenue tag

December 13, 2025 387 Views 0 comment Print

ITAT Pune ruled that the Maharashtra PSI-2007 subsidy of ₹37.85 crore is a capital receipt. The order reversed CIT(A) and AO’s revenue treatment, protecting the assessee from taxation.

Settlement with Corporate Debtor doesn’t convert operational creditor into financial creditor

December 13, 2025 537 Views 0 comment Print

NCLT Mumbai held that an operational creditor, cannot be converted into a financial creditor by way of a Settlement with the corporate debtor. Accordingly, application for classification of claim as financial creditor dismissed.

Reassessment against deceased assessee sustained as department not informed about death

December 13, 2025 465 Views 0 comment Print

Madras High Court held that reassessment proceedings under section 147 of the Income Tax Act against the deceased assessee sustained since income tax department not informed about the death of the deceased assessee.

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