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Judiciary

938 Days Delay Condoned as Appeal Was Wrongly Treated as Withdrawn

December 9, 2025 477 Views 0 comment Print

Tribunal condoned a 938-day delay after finding that the appeal was incorrectly dismissed as withdrawn under VSVS. The case was remanded to the CIT(A) for a fresh decision on the additions made under section 143(3).

Section 147 Reassessment Restored as CIT(A) Misread AO’s Findings

December 9, 2025 393 Views 0 comment Print

ITAT Lucknow restored the reassessment u/s 147 after holding that CIT(A) misread the AO’s findings and wrongly assumed verification of books and cash deposits. The Tribunal found the appellate order perverse and allowed the Revenue’s appeal.

Consultant’s Failure to Act Leads HC to Quash Ex Parte GST SCN Order; Cost Imposed

December 8, 2025 858 Views 0 comment Print

The High Court set aside a GST order against Sanjay Medicos, granting the petitioner time to reply to the SCN and a personal hearing, while leaving notification validity to the Supreme Court.

Benefit of Accumulation to Trust Restored as Form 9A Not Required for AY 2015-16

December 8, 2025 627 Views 0 comment Print

The Court held that Form 9A was not applicable to Assessment Year 2015–16 and that the option under Section 11(1) had been validly exercised through Form 10B and the return. The rejection order was quashed.

Settlement for Dropping Property Suit Not Taxable due to Absence of Transfer

December 8, 2025 939 Views 0 comment Print

Tribunal held that ₹15 crore received for withdrawing a civil suit was not consideration for transfer of a capital asset. It ruled that the assessee only gave up a right to sue, which is not taxable as capital gains.

Activities for Mahyavanshi Samaj Don’t Bar Registration for Pre-1961 Trust: ITAT Mumbai

December 8, 2025 594 Views 0 comment Print

The Tribunal held that section 13(1)(b) did not apply to a trust formed before 1961 and directed grant of registration. The key issue was whether activities for a Scheduled Caste community invalidated the application.

SVLDRS-3 Form Quashed for Ignoring Prepayments and Investigation Recoveries

December 8, 2025 399 Views 0 comment Print

The Court held that pre-deposits and amounts recovered during investigations must be verified before issuing SVLDRS-3. The decision emphasizes the committee’s duty to ensure accurate calculation under the Scheme.

Punjab & Haryana HC Grants Bail in ₹48.6 Lakh GST Cement Fraud Case

December 8, 2025 516 Views 0 comment Print

The Court granted bail to an accused in a cement supply fraud case, noting pre-trial incarceration cannot substitute for punishment. The decision considers documentary evidence and completed investigation.

No VAT Penalty for Brief Delay in Producing Transit Documents: Allahabad HC

December 8, 2025 387 Views 0 comment Print

The Court held that brief delays in producing documents during transit do not constitute grounds for a Section 48(5) VAT penalty, setting aside the penalty imposed on the assessee.

Legal Heir Not Individually Liable for Tax on Deceased’s Salary Arrears ITAT Agra

December 8, 2025 573 Views 0 comment Print

The Tribunal held that arrears of a deceased employee must be taxed only in the legal heir’s representative capacity. The assessment made solely in individual capacity was deleted.

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