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Judiciary

Cash Deposit Addition Sent Back for Fresh Review Due to New Evidence

December 8, 2025 669 Views 0 comment Print

The Tribunal remanded the sustained cash deposit addition after accepting additional evidence. It directed the CIT(A) to reconsider the ₹7.02 lakh addition through de novo adjudication.

Provisional Attachment Order ceases by virtue of legislative scheme u/s. 32A of IBC

December 8, 2025 678 Views 0 comment Print

NCLAT Delhi held that that Provisional Attachment Order has to be treated to cease by virtue of legislative scheme under Section 32A of the Insolvency and Bankruptcy Code and there is no necessity to obtain any order by the SRA from the adjudicating authority under the PMLA.

Bail not granted as twin conditions laid down u/s. 37 of NDPS Act not satisfied

December 8, 2025 585 Views 0 comment Print

Himachal Pradesh High Court held that bail application is liable to be dismissed since twin conditions laid down in section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) not satisfied. Accordingly, petition dismissed.

Books Cannot Be Rejected Without Specific Defects: ITAT Chandigarh

December 8, 2025 846 Views 0 comment Print

The Tribunal held that the AO’s rejection of books under Section 145(3) was unsustainable as no specific defects were identified. The ruling confirms that estimation of income cannot be based on assumptions when records are supported by documentation.

Section 263 Checkmated – ITAT Says PCIT Cannot Reopen Issues Already Before CIT(A)

December 8, 2025 768 Views 0 comment Print

The Tribunal ruled that Section 263 jurisdiction is barred under Explanation 1(c) if the matter is under appeal before CIT(A). AO’s assessment, including enquiry into statements and ledgers, was found proper. PCIT’s revision attempting to tax full Rs.1.59 Cr as bogus purchase was quashed.

Reassessment Quashed for Issuing Section 148 Notice Through Wrong Authority

December 8, 2025 1155 Views 0 comment Print

The Tribunal held that the Section 148 notice issued by the jurisdictional officer instead of the faceless authority violated Section 151A. With the notice invalid, the reassessment and jewellery addition were quashed.

15% ‘Misdirected’ Discount on NAV Shares, Rs. 8.70 Cr Addition Deleted

December 8, 2025 297 Views 0 comment Print

The Tribunal ruled that the AO erred in applying a 15% illiquidity discount on shares valued by the NAV method. SEBI MF guidelines and DCF-based precedents were deemed irrelevant. The assessee’s valuation was confirmed, and the Rs. 8.70 crore addition was nullified.

Reassessment Quashed for Being Passed on a Struck-Off Company

December 8, 2025 630 Views 0 comment Print

The Tribunal annulled the reassessment after finding that both the notice and order were issued to a company that had been struck off. It held the proceedings invalid and allowed the appeal.

Section 144C(13) Delay Fatal: Tribunal Cancels Assessments

December 8, 2025 588 Views 0 comment Print

The Tribunal held that passing assessment orders after the statutory one-month period prescribed under Section 144C(13) is invalid. The assessee’s appeals were allowed, and both orders were set aside.

Section 148 notice issued by a JAO instead of FAO is without jurisdiction: ITAT Chandigarh

December 8, 2025 1437 Views 0 comment Print

The ITAT concluded that non-compliance with faceless procedure under Section 151A renders Section 148 notices invalid, nullifying both substantive and protective additions.

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