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Judiciary

When Speed Becomes Illegality – Karnataka HC Quashes 81 CIT(A) Orders Passed After DGIT’s Restraint

October 26, 2025 840 Views 0 comment Print

Karnataka High Court affirmed the ITATs decision, ruling that 81 appellate orders passed by the CIT(A)-11 after the DGIT (Investigation) had explicitly directed him not to pass further orders were without jurisdiction. The key takeaway is that such orders, passed in defiance of supervisory administrative restraint, are illegal and must be reheard de novo by a competent authority.

ITAT Delhi Quashes Reassessment – Borrowed Satisfaction from Investigation Wing Held Invalid

October 26, 2025 606 Views 0 comment Print

The Delhi ITAT invalidated a reassessment, ruling the AO failed to establish independent ‘reason to believe’ and merely borrowed satisfaction from an Investigation Wing report without tangible material or a live link to the assessee’s income. This judgment establishes that reassessment cannot be based solely on second-hand, non-incriminating information from a third-party search.

“Egg-or-Chicken” Analogy Applied – ITAT Says Trading & Service Functions Can’t Be Split

October 26, 2025 585 Views 0 comment Print

in a colourful observation, the Tribunal compared Juniper’s interlinked trading and service activities to the egg-or-chicken story, holding entity-level TNMM appropriate and deleting the TP addition.

ITAT Sends ₹34.82 Lakh Bogus Purchase Case Back to CIT(A) for Fresh Hearing

October 26, 2025 474 Views 0 comment Print

ITAT Delhi set aside a non-speaking order by CIT(A) in a ₹34.82 lakh bogus purchase case, directing de novo adjudication and allowing cross-examination on alleged accommodation entries.

Tribunal Confirms Benami Nature of Tribal Land Purchases Made Through Driver

October 26, 2025 819 Views 0 comment Print

Gurushree Minerals Pvt. Ltd Vs DCIT (Appellate Tribunal Under Safema At New Delhi) Loan or Land Grab?- Benami Land Purchase through Driver – Tribunal Calls Gurushree Minerals’ Deal a Benami Ruse- Tribunal Confirms Attachment of 30.6 Hectares of Tribal Land Bought by Company The Appellate Tribunal under SAFEMA, New Delhi, vide Final Order dt. 14.10.2025 in […]

SC Declines to Quash ED Case Against JSW Steel – Says Tribunal Must First Decide on “Proceeds of Crime”

October 26, 2025 627 Views 0 comment Print

Supreme Court refused to quash PMLA proceedings against JSW Steel, holding that questions on proceeds of crime must be decided by Appellate Tribunal first.

Reassessment Quashed: Beyond 4 Years Void Without New Material on AE Payments

October 26, 2025 456 Views 0 comment Print

Karnataka High Court quashed reassessment notices issued beyond four years, finding AO had full knowledge of AE payments during original Section 143(3) scrutiny. Key takeaway is that re-examining previously disclosed facts or material known through TPO proceedings constitutes a mere change of opinion, which is invalid under Section 147.

Reassessment Upheld but Additions Fail: ITAT Deletes All Disallowances for Lack of Evidence

October 26, 2025 447 Views 0 comment Print

ITAT Delhi sustained reopening under Section 147 but upheld CIT(A)’s deletion of every addition—covering commission income, travel expenses, rent, and salaries—after finding all claims duly supported by records. Revenue’s appeal was dismissed in full.

Telecom Tax Victory: ITAT Deletes Rs. 120 Cr Royalty TP Adjustment, Allows 3G Spectrum Depreciation

October 26, 2025 462 Views 0 comment Print

The Tribunal held that the expenditure on acquiring 3G spectrum created an intangible asset, allowing the assessee to claim depreciation u/s 32 of the Act. This crucial finding confirms the asset’s depreciable nature for AY 2012-13, preventing its amortization under later or inapplicable tax code sections.

Own Funds vs Borrowed Funds: ITAT Remands 14A Case for De Novo Review

October 26, 2025 438 Views 0 comment Print

The Kolkata Income Tax Appellate Tribunal (ITAT) remanded the Section 14A disallowance made on Srivaru Agro Pvt. Ltd. The Tribunal directed the Commissioner of Income Tax (Appeals {CIT (A))to verify the availability of the company’s own interest-free funds vis-à-vis investments and the reasonableness of administrative expenses, relying on the Supreme Court’s ruling in South Indian Bank Ltd.

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