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Judiciary

Incentives for Market Expansion Are Capital, Not Income u/s 2(24)(xviii)

November 29, 2025 504 Views 0 comment Print

Tribunal held that MEIS/MLFPS rewards are capital receipts, not income under sections 2(24)(xviii) or 28. The ruling confirms that export-linked duty scrip sales are non-taxable when meant for market expansion.

CIT(A) Cannot Decide on Merits Without Condoning Delay – Delhi ITAT Sets Aside Order

November 29, 2025 267 Views 0 comment Print

Delhi ITAT sets aside CIT(A) order for hearing merits despite refusing to condone an eight-month delay, highlighting the need for proper legal procedure and natural justice.

Bank can proceed against one or all personal guarantors of Corporate Debtor u/s. 95 of IBC

November 29, 2025 243 Views 0 comment Print

NCLAT Delhi held that bank can proceed against one or all personal guarantors of Corporate Debtor u/s. 95. Merely because bank proceeded against only one personal guarantor cannot be any reason to reject any application u/s. 95 of IBC.

Old Lady’s Inability Leads to Ex-Parte Orders – ITAT Restores Cash Deposit Case for Fresh Assessment

November 29, 2025 264 Views 0 comment Print

Tribunal held that additions made solely on ex-parte proceedings cannot stand when the taxpayer was unable to comply due to age-related limitations. The case was remanded for fresh assessment with a direction to provide proper opportunity.

Reassessment Quashed for Issuing Section 148 Notice Beyond “Surviving Period”

November 29, 2025 444 Views 0 comment Print

The ITAT annulled the entire reassessment because the Section 148 notice was issued after the Supreme Court–mandated surviving-period cutoff. The ruling confirms that any notice beyond this timeline is void ab initio.

ITAT Strikes Down 153C Order for Copy-Paste Satisfaction Without Application of Mind

November 29, 2025 633 Views 0 comment Print

The ITAT ruled that a vague, copy-paste satisfaction note cannot confer valid jurisdiction under Section 153C. Since no specific seized documents were identified, the entire assessment was struck down.

Technical ITBA Errors Cannot Extend Limitation for Reassessment

November 29, 2025 414 Views 0 comment Print

Tribunal clarified that mere generation or digital signing on ITBA does not mean a notice is issued. Proper dispatch to the assessee’s email or portal before the statutory deadline is required for validity.

Suo-Motu 14A Disallowance Upheld as Own Funds Exceed Investments

November 29, 2025 357 Views 0 comment Print

The Tribunal found that the assessee’s net worth was substantially higher than the value of its investments, creating a presumption that investments were made from own funds. As no interest expenditure was linked to exempt income, the AO’s disallowance under Section 14A was held unsustainable.

Invalid 147 Reopening: Assessment Scrapped for Incorrect Assumption of Non-Filing

November 29, 2025 597 Views 0 comment Print

ITAT held that a 147 reopening based on the incorrect assumption that no return was filed is invalid. Since the assessee proved the return was filed, the entire reassessment was quashed.

Insight Portal Alert Not Enough: Tribunal Holds Section 147 Invalid Without Independent Inquiry

November 29, 2025 756 Views 0 comment Print

The Tribunal ruled that reopening based solely on an Insight Portal flag without independent verification is invalid. It held that absence of tangible material and incorrect factual assumptions renders the entire 147 proceeding void.

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