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Judiciary

Gujarat HC Allows Belated Form F After 20-Year CST Litigation

December 7, 2025 477 Views 0 comment Print

The Court accepted a previously rejected Form F worth ₹6.29 crore after verifying its authenticity. It held that genuine branch transfer claims cannot be denied solely for delayed production.

Indexation From Previous Owner Upheld in Family Settlement & Demerger: ITAT Delhi

December 7, 2025 876 Views 0 comment Print

Tribunal held that no capital gains arise on amalgamation or demerger carried out as part of a genuine family settlement. It ruled that such restructuring is not a “transfer” under tax law, affirming the assessee’s indexed cost and tax-neutral treatment.

Notional Turnover ≠ Real Income: ITAT Sends F&O Estimate Back for Fresh Look

December 7, 2025 507 Views 0 comment Print

ITAT Chennai ruled that notional contract values in F&O trading cannot be treated as real income. The case was sent back to the AO for reassessment based on actual profits and losses.

ITAT Allows Section 54 Deduction despite Registration Delay as Payments Made in Time

December 7, 2025 1284 Views 0 comment Print

ITAT Chennai ruled that a delay in property registration due to the builder cannot deny a Section 54 deduction if the capital gains were reinvested on time. Timely payments, not registration, are the key requirement.

Penalty u/s. 271(1)(c) quashed as additional income was voluntarily disclosed and not based on seized material

December 6, 2025 1323 Views 0 comment Print

ITAT Chennai held that penalty under section 271(1)(c) of the Income Tax Act not sustainable since the additional income offered by the assessee was voluntary and addition is not based upon incriminating material seized during the course of search. Accordingly, order of CIT(A) upheld and appeal of revenue dismissed.

Development agreement which stood terminated prior to CIRP do not constitute asset of corporate debtor

December 6, 2025 918 Views 0 comment Print

Supreme Court held that development right of a defaulting developer do not constitute ‘asset’ or ‘property’ of corporate debtor. Further, since the said development agreement stood terminated prior to initiation of CIRP no subsisting or enforceable right survived in favour of corporate debtor.

FIR Reinstated Due to Unresolved Questions Around Gold Revaluation After Loan Repayment

December 6, 2025 471 Views 0 comment Print

The Supreme Court held that the High Court improperly quashed the FIR by evaluating defence evidence and deciding intention prematurely. It ruled that the complaint disclosed a prima facie offence, requiring trial.

Notice Under Section 148 Quashed for Reassessment Without Tangible Evidence

December 6, 2025 639 Views 0 comment Print

ITAT held that reopening of assessment under Section 148 is invalid if no fresh material emerges. Key takeaway: AO cannot reopen concluded assessments on pre-existing facts.

ITAT Deletes ₹6.67 Cr Gold Stock Additions After Complete Reconciliation

December 6, 2025 330 Views 0 comment Print

Tribunal held that additions for excess gold stock under Section 69A could not stand when purchases, job-work gold, and export stock were fully supported by invoices, confirmations, and bank records. The ruling emphasizes that reconciled and verified records override survey-time assumptions.

No Fresh Material, No Reassessment: ITAT Quashes Section 148 Notice

December 6, 2025 657 Views 0 comment Print

ITAT Chennai quashed a reassessment notice under Section 148, holding that an Assessing Officer cannot reopen an assessment based solely on a change of opinion without fresh tangible material. This safeguards taxpayers from arbitrary reassessments.

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