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Judiciary

Furniture & Fixtures Count as Cost of Improvement for LTCG

November 29, 2025 528 Views 0 comment Print

ITAT Delhi held that essential house fixtures like cupboards, modular kitchen, and beds are integral to habitability and can be included in the cost of improvement. AO was directed to allow Rs. 3.50 lakh claimed in long-term capital gains computation.

Section 148 Reassessment Cannot Be Initiated Against Deceased ITAT Delhi

November 29, 2025 732 Views 0 comment Print

The ITAT held that reassessment notices under section 148 issued to a deceased person are invalid, emphasizing that such notices cannot confer jurisdiction and proceedings are void ab initio.

Delivery Order Income Held “Directly Connected” to Air Transport, Exempt Under Article 8 UK DTAA

November 29, 2025 393 Views 0 comment Print

The Tribunal held that delivery order charges are directly connected to air-cargo transportation and fall within Article 8 of the India–UK DTAA. The ruling confirms such receipts form part of international traffic income and are not taxable in India.

Additional Evidence Leads to Remand of Section 54F Farmhouse Dispute

November 29, 2025 549 Views 0 comment Print

Tribunal allowed assessee’s application to file additional evidence proving residential nature of the property. AO is directed to re-evaluate the claim afresh, granting opportunity for hearing and considering all relevant materials and case laws.

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.

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