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Judiciary

Double Taxation Prevented: Tribunal Deletes Addition as Cash Sales Already Recorded

December 10, 2025 405 Views 0 comment Print

ITAT held that cash sales forming part of disclosed turnover cannot be taxed again as unexplained cash credits. The ruling confirms that Section 68 does not apply when books are intact and evidence supports the sales.

GST Registration Restored After Delay Due to Medical Issues & CA Dispute

December 10, 2025 957 Views 0 comment Print

The Court restored a trader’s cancelled GST registration, accepting medical difficulties and a dispute with the Chartered Accountant as valid grounds. It directed issuance of login credentials and permitted late filing of returns with associated dues.

Consistent Withdrawal Pattern Valid Source – Section 69A & 115BBE Addition Deleted

December 10, 2025 336 Views 0 comment Print

Evidence demonstrated frequent withdrawals and redeposits across years, confirming the legitimacy of the cash held. The Tribunal ruled that the deposits were fully explained, warranting removal of the Section 69A/115BBE addition.

Commission-Based Business Proven: Tribunal Rejects Section 44AD and Upholds 5% Profit Rate

December 10, 2025 681 Views 0 comment Print

ITAT held that the assessee operated as a commission agent, not a trader, making Section 44AD inapplicable. A reasonable 5% estimation on cash deposits was upheld.

Matter Remitted as Service Tax Levy on Labour Charges Not Examined Properly

December 10, 2025 240 Views 0 comment Print

The Court set aside the service tax appellate order, holding that the issue must be reconsidered from the show-cause stage, with the petitioner allowed to file a fresh reply.

₹3.32 Cr 69A Addition Remanded as Legal Grounds Not Examined

December 10, 2025 375 Views 0 comment Print

The ITAT ruled that unresolved legal grounds—especially on reassessment validity—must first be decided by the CIT(A). The ₹3.32 crore Section 69A addition is remanded for proper adjudication.

ITAT Confirms Banks Exempt from MAT, Deletes ₹305.49 Cr Penalty

December 10, 2025 813 Views 0 comment Print

The ITAT upheld the deletion of a ₹305.49 crore penalty imposed on a bank, ruling that section 115JB (MAT) does not apply to banks under the Banking Regulation Act. The decision emphasizes that penalties linked to inapplicable provisions cannot be sustained.

Rajasthan HC Confirms Entry Tax on Inter-State Stock Transfers Beyond Six Months

December 10, 2025 543 Views 0 comment Print

The High Court ruled that entry tax applies to goods brought into Rajasthan and transferred out after six months. Rule 12(3) of RET Rules was applied in conjunction with Section 3 of the RET Act.

ITAT Cuts Additions from Rs.13.91 Lakh to Rs.1.39 Lakh Using 10% Estimate

December 10, 2025 216 Views 0 comment Print

The Tribunal held that the AO found no fabricated or false documents for agricultural or tuition income. Since evidence existed but was incomplete, ITAT applied a 10% estimate and cut the addition drastically.

Ex-Parte GST Order Remanded Due to Inaccessible SCN and Illness

December 10, 2025 759 Views 0 comment Print

Delhi High Court remands ex-parte GST tax order after SCN was inaccessible and the proprietor’s illness prevented participation, emphasizing fair hearing before adjudication.

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