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Judiciary

DRT Rejects Challenge to Auction Sale Due to Proper Service of SARFAESI Notices

December 8, 2025 1245 Views 0 comment Print

The Tribunal found that statutory procedures for issuing demand, possession, and sale notices were properly followed by the bank. It observed that the borrowers provided no valuation report or evidence supporting their claim of undervaluation. The auction was therefore sustained as legally valid.

Banks Cannot Rely on Assumed Negligence in Cyber Fraud Cases: HC Directs Refund to Customer

December 8, 2025 1044 Views 0 comment Print

The court held that Ombudsman’s finding of customer negligence was unsustainable and directed bank to refund disputed amount. The ruling clarifies that refund may be ordered when adjudication fails to consider material records.

Rajasthan HC Quashes Reassessment Notice Issued by JAO Due to Faceless Regime Requirements

December 8, 2025 3078 Views 0 comment Print

The Court held that a Section 148 notice issued by the Jurisdictional Assessing Officer is invalid where the faceless system applies. It quashed the reassessment proceedings and confirmed that such notices must be issued only by the Faceless Assessing Officer.

Karnataka HC Grants Fresh Opportunity in GST Proceedings for Health Reasons

December 8, 2025 570 Views 0 comment Print

The Court remanded an ex-parte GST demand order after the petitioner could not respond due to a parent’s serious illness. This case underlines that unavoidable circumstances can merit reconsideration of tax proceedings.

Section 271(1)(c) Penalty Invalid as Notice Lacked Specific Charge: ITAT Mumbai

December 8, 2025 747 Views 0 comment Print

The Tribunal held that the penalty was invalid because the notice failed to specify whether the charge was concealment or furnishing inaccurate particulars. The ruling confirms that ambiguity in penalty notices under section 271(1)(c) is fatal.

Reassessment Quashed for Wrong Sanction: Notice Issued Without Mandatory PCCIT Approval

December 8, 2025 1230 Views 0 comment Print

The Tribunal held that a reassessment notice issued beyond three years was invalid because approval was taken from the PCIT instead of the PCCIT. The ruling reiterates that the 2023 amendment to Section 151 cannot be applied retrospectively.

No Relief Under RBI Cyber-Fraud Circular When Customer Negligence Is Established: Allahabad HC

December 8, 2025 843 Views 0 comment Print

Court ruled that protections under the RBI Circular apply only to third-party breaches and cannot be invoked to recast personal transactions as fraud. Since bank records showed the petitioners’ own involvement, the writ was dismissed.

Receipts on surrender of tenancy rights not taxable U/s 56(2)(x): ITAT Mumbai

December 8, 2025 6441 Views 0 comment Print

The Tribunal held that receipts on surrender of tenancy rights were capital in nature and not taxable under section 56(2)(x). It ruled that such receipts qualify for capital gains treatment and related exemptions.

ITAT Allows Full Addition After Purchases Held Bogus: 8% Estimation Rejected

December 8, 2025 2514 Views 0 comment Print

The Tribunal held that once purchases are proven bogus, the entire amount must be added back, rejecting the CIT(A)’s 8% profit estimation. The ruling confirms that unexplained expenditure cannot be allowed under section 69C.

Faceless Assessment Scheme Not Applicable to Issuance of Section 148 Notices: Gujarat HC

December 8, 2025 10515 Views 0 comment Print

The Court ruled that Section 148 notices issued by the local Assessing Officer, following orders under Section 148A(d), are legally valid. It rejected arguments that such notices must be issued facelessly under the 2022 Scheme. This establishes that notice issuance and faceless assessment are distinct processes.

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