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Judiciary

JAO cannot issue Section 148 notices when faceless mechanism applies: AP HC

December 1, 2025 981 Views 0 comment Print

Andhra Pradesh High Court held that notices issued under Sections 148-A and 148 outside the faceless assessment scheme are illegal, emphasizing strict compliance with Section 151(A) and E-Assessment Scheme, 2022.

DRT Orders Document Verification Before Final Order

December 1, 2025 582 Views 0 comment Print

The Tribunal held that failure to conduct the mandatory admission and denial of documents required rectification before issuing the final order. The ruling allows only the procedural step to be completed while rejecting all other requests.

Revision Fails: PCIT Cannot Invoke 263 Without Making the Very Enquiry He Says AO Missed

December 1, 2025 321 Views 0 comment Print

The Tribunal held that Section 263 cannot be invoked when the PCIT himself does not conduct the verification he insists was missing. It reaffirms that revision requires demonstrated lack of inquiry, not assumptions.

Delhi HC Raps Appellate Authority for Long-Pending GST Refund Appeals

December 1, 2025 666 Views 0 comment Print

The Court held that refund appeals pending for years must be decided within the statutory one-year period under the CGST Act. It directed the Appellate Authority to issue orders by January 2026.

GST Penalty Quashed: Delivery Mismatch & E-Way Bill Glitch Not Tax Evasion

December 1, 2025 1323 Views 0 comment Print

The Court held that the penalty could not stand because the goods were accompanied by genuine documents and the e-way bill failure was due to a technical glitch. It ruled that no intention to evade tax existed and quashed the proceedings.

Tender Process Stalled Over ITR and VAT Confusion; Orissa HC Intervenes

December 1, 2025 264 Views 0 comment Print

The case concerns a tender for sand quarries stalled despite receiving required clarifications on ITR and VAT issues. The Court held that authorities must act promptly once clarifications are issued and directed transmission of records for immediate decision-making.

Appeal Rejected Due to 300-Day Delay: Tribunal Refuses to Entertain 80P Deduction Claim

December 1, 2025 450 Views 0 comment Print

The ITAT held that without a condonation petition, a 300-day delay cannot be excused. The ruling underscores that delay must be justified before merits—including Section 80P—can be considered.

Appeal Dismissed Because Assessee Opted for Fresh De-Novo Assessment Before AO

December 1, 2025 366 Views 0 comment Print

The Tribunal allowed withdrawal after noting that the case was already remanded under section 251(1)(a). The once a matter is reopened before the AO, the assessee may abandon the pending appeal.

Under-Reporting Penalty- AO Didn’t Decide Form 68 in Time: ITAT Deletes 270A Penalty

December 1, 2025 1458 Views 0 comment Print

The Tribunal held that the assessee cannot suffer due to the AO’s inaction under section 270AA(4), directing grant of immunity and cancelling the 270A penalty.

Reassessment Quashed: Penny-Stock Gains Fully Disclosed, No Evidence of Bogus Deals

December 1, 2025 879 Views 0 comment Print

The Tribunal ruled that additions based on third-party search without giving the assessee a chance to examine evidence violated natural justice, deleting ₹2.04 Cr and ₹64.11 Lakh for AY 2018-19 & 2019-20.

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