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ITAT Hyderabad Deletes ₹17.55 Lakh Penalty: No Under-Reporting in Accepted 148 Return

December 1, 2025 720 Views 0 comment Print

The Tribunal held that the assessee’s delayed filing was bona fide due to disputes and legal ambiguities, and the declared income was fully accepted. No penalty under Section 270A was warranted.

Delhi ITAT Upholds TDS Demand on EDC Payments to HUDA: Section 194C Applicable

December 1, 2025 606 Views 0 comment Print

ITAT confirmed that External Development Charges paid to HUDA constitute payment for work, making TDS deduction mandatory and sustaining the demand under sections 201(1) and 201(1A).

Addition Deleted as Books Cannot Be Rejected Without Specific Defects: ITAT Hyderabad

December 1, 2025 1044 Views 0 comment Print

The Tribunal ruled that audited books cannot be discarded based on generic doubts or missing vouchers. Without identifying concrete defects, the AO’s rejection of books and 12.5% profit estimation were found legally unsustainable.

Reassessment Quashed for Being Time-Barred: ITAT Holds 148 Notice Beyond Six-Year Limit

December 1, 2025 1455 Views 0 comment Print

Tribunal ruled that a 148 notice issued on 03.04.2022 for AY 2015-16 violated Section 149(1)(b)’s six-year limitation, rendering entire reassessment void. The is that notices issued after 31.03.2022 for AY 2015-16 are invalid.

Delhi ITAT Quashes Reopening Based on Mere Audit Objection: No New Material to Invoke Section 147

December 1, 2025 486 Views 0 comment Print

The Delhi ITAT held that reopening an assessment based solely on audit objections, without fresh material, is invalid. The tribunal emphasized that reassessment cannot be used for a mere change of opinion

Cross-LoC Barter Trade With PoK is Intra-State Supply: J&K HC

December 1, 2025 765 Views 0 comment Print

Court held that barter transactions between Jammu & Kashmir and PoK qualify as intra-state supplies, making GST applicable. The ruling upholds Section 74 notices as valid and directs traders to pursue statutory remedies.

Limitation Starts From Service, Not From Convenience – CIT(A) Directed to Reconsider 42-Day Delay

December 1, 2025 186 Views 0 comment Print

ITAT held that delay must be assessed from the date of service, condoned a 474-day delay, and directed the CIT(A) to reconsider the 42-day delay on merits.

Non-Application of Mind Invalidates Section 148A & 148 Notices: SC Upholds HC Decision

December 1, 2025 1524 Views 0 comment Print

Court held that reopening was invalid because officer ignored that depreciation on goodwill had already been accepted in earlier scrutiny assessments. It ruled that reassessment cannot be based solely on audit objections without independent evaluation.

Addition Remanded as New Evidence Admitted Under Rule 29

December 1, 2025 411 Views 0 comment Print

The ITAT held that crucial documents unavailable earlier must be considered, admitting them under Rule 29 and sending the ₹2.38 crore addition back for fresh examination.

Income Tax Reassessment Notice Invalid as AO Relied Only on Faulty Audit Objection

December 1, 2025 516 Views 0 comment Print

The Court ruled that reassessment could not be initiated based on audit objections containing factual errors and overlooking prior accepted depreciation. The decision underscores that reopening must be based on proper evaluation of facts, not mere audit remarks.

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