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Judiciary

Survey-Based 68 Addition: ITAT Restores Appeal After Ex-Parte NFAC Order

December 4, 2025 312 Views 0 comment Print

The Court allowed the assessee one more opportunity to contest an ex-parte addition under Section 68, emphasizing the need for fair hearing and natural justice.

Scope of 12AA Is Limited: Tribunal Quashes Rejection Based on Vehicle Use and Capitation Fee Claims

December 4, 2025 537 Views 0 comment Print

The Tribunal held that issues like capitation fee or misuse of funds are assessment matters, not grounds for denying registration under Section 12AA. The ruling confirms that the Commissioner must limit inquiry to objects and genuineness of activities.

Event Income Within 20% Limit, Section 11 Exemption Allowed by ITAT

December 4, 2025 465 Views 0 comment Print

The Tribunal clarified that income from events, totaling less than 20% of gross receipts, does not disqualify a GPU institution from claiming Section 11 exemption. The Assessing Officer’s and CIT(A)’s denial was set aside, as membership fees were not commercial income. Exemption was granted, confirming the society’s charitable status.

Blocking GST Electronic Credit Ledger impermissible as pre-decisional hearing and reasons to believe not granted

December 4, 2025 471 Views 0 comment Print

Karnataka High Court held that blocking of Electronic Credit Ledger invoking rule 86A of Central Goods and Services Tax Rules [CGST Rules] without granting pre-decisional hearing and without providing reasons to believe is impermissible. Accordingly, order is quashed.

Only First 142(1) Default Penalizable: ITAT Slashes Penalty and Sends Other Issues Back

December 4, 2025 900 Views 0 comment Print

The Tribunal held that only the first non-compliance under Section 142(1) could attract penalty, deleting the remaining ₹50,000 imposed for repeated defaults. It also restored penalties under Sections 271A and 271(1)(c) for fresh adjudication since they depend on the pending quantum appeal.

Criminal prosecution quashed as ITAT rejected allegation of concealment during penalty proceeding

December 4, 2025 615 Views 0 comment Print

Rajasthan High Court held that criminal prosecution wholly on allegation of concealment is liable to be quashed since the Tribunal has adjudicated that there was neither concealment during penalty proceedings hence there remains no factual or legal basis for the prosecution to survive.

Bogus Purchase Disallowance Limited to 6% Due to Genuine Sales

December 4, 2025 591 Views 0 comment Print

The Tribunal held that once sales are accepted and basic supporting documents exist, only the profit element in alleged bogus purchases can be taxed. It upheld a 6% GP addition and rejected the Revenue’s demand for 100% disallowance.

ITAT Orders Fresh Hearing After Non-Speaking CIT(A) Order in Reopening Case

December 4, 2025 303 Views 0 comment Print

The order was remanded after ITAT found the CIT(A) overlooked core issues including validity of belated 148 return, applicability of 153C, and cross-examination rights.

No Further Tax Recovery from Deductor if Deductee Has Paid Tax: SC

December 4, 2025 1854 Views 0 comment Print

In a landmark ruling, the SC clarified that an assessee in default cannot be made to pay tax already discharged by the recipient, reaffirming Circular No. 275/201/95-IT(B).

Tribunal Deletes ₹2.14 Crore Addition Due to Invalid Pre-Notification NFAC Action

December 4, 2025 1152 Views 0 comment Print

ITAT Kolkata quashed a reassessment order, holding that NFAC had no jurisdiction before the formal notification of Section 151A. The ₹2.14 crore addition was deleted, highlighting that faceless assessments cannot be retroactively enforced.

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