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Judiciary

Seized Papers Trump Denial: ITAT Upholds Rs. 60 Lakh Additions in Rs. 110 Cr Search Case

December 8, 2025 336 Views 0 comment Print

The Tribunal ruled that the seized notes clearly connected the assessee to both the loan and property investment, validating jurisdiction under Section 153C. The assessee’s failure to submit any proof led to confirmation of the additions. The case highlights the importance of evidence-based rebuttal in search-related assessments.

Telangana HC Quashed GST Refund Rejection Order for Lack of Reasoned Findings

December 8, 2025 789 Views 0 comment Print

The Court held that the appellate authority set aside a refund without proper scrutiny or reasoning. The matter was remanded for fresh consideration on whether the services constituted export or intermediary services.

Section 69 Addition Fails – RTGS Proof Defeats Excel-Based Cash Allegation

December 8, 2025 816 Views 0 comment Print

The Tribunal held that an addition based solely on a third-party excel sheet, without any direct evidence of cash payment, was unsustainable. With a complete RTGS trail, registered deed, and vendor confirmation proving bank-only payment, the ITAT ordered deletion of the Section 69 addition.

Delhi HC Questions GST Officer’s Contradictory Order on Dropped Demands

December 8, 2025 1062 Views 0 comment Print

The Delhi High Court seeks an explanation for why certain GST demands were dropped despite the officer stating disagreement, highlighting procedural inconsistencies in tax assessment.

Quantum-Pending – Bona Fide Belief Saves Assessee from Section 271B Penalty

December 8, 2025 363 Views 0 comment Print

The Tribunal held that the assessees misunderstanding about the relevance of quantum proceedings justified remanding the 271B penalty order. The AO is directed to consider the assessees factual explanations without unnecessary adjournments.

Reopening Based Only on Change of Opinion Is Not Permissible: ITAT Chennai

December 8, 2025 525 Views 0 comment Print

ITAT Chennai quashed reassessment under Section 147, ruling that reopening based on a change of opinion without new material is invalid.

Section 153 Overrides Section 144C – Time-Barred Order Quashed

December 8, 2025 984 Views 0 comment Print

The Hyderabad tribunal clarified that section 144C provisions are procedural and cannot extend the statutory limitation under section 153. The AO passed the final assessment order after the permissible period, leading to quashing. The ruling strengthens the principle that statutory deadlines are paramount in tax proceedings.

Provisional GST Attachment Sustained After Misrepresentation of Notice Receipt Date

December 8, 2025 381 Views 0 comment Print

The Court held that the Petitioner misrepresented the date of receiving the provisional attachment notice. Bank accounts cannot be freely operated, subject to a minimum balance of ₹1 crore.

Reassessment Notice for AY 2017-18 Invalid Due to Time-Bar Under Section 149

December 8, 2025 2157 Views 0 comment Print

The Telangana High Court held that a Section 148 notice issued for AY 2017-18 was invalid and barred by the six-year limitation under the first proviso to Section 149. Reopening assessments beyond the prescribed period is impermissible.

Addition Upheld for Books Rejection but Arbitrary Net profit Estimation Deleted

December 8, 2025 603 Views 0 comment Print

The Tribunal upheld the rejection of unreliable books but ruled that the AO could not estimate net profit at 12% without justification, vacating ₹65.08 lakh addition.

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