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Judiciary

Addition by AO u/s. 143(3) r.w.s. 263 doesn’t survive as order passed u/s. 263 quashed

October 14, 2025 906 Views 0 comment Print

ITAT Raipur held that since order passed by Pr. CIT u/s. 263 is quashed the addition made by AO u/s. 143(3) r.w.s 263 does no more survive. Therefore, appeal of the assessee allowed and addition made by AO liable to be quashed.

Remote ERP access not to be denied to director without evidence of misuse

October 14, 2025 429 Views 0 comment Print

NCLAT Delhi held that remote access to ERP to directors being engaged in competing business cannot be denied unless there is tangible evidence of misuse of company information by such directors. Accordingly, appeal stand disposed.

CIRP application u/s. 7 of IBC admitted as existence of debt and default proved

October 14, 2025 867 Views 0 comment Print

NCLT Mumbai held that application under section 7 of the Insolvency and Bankruptcy Process for initiation of Corporate Insolvency Resolution Process [CIRP] against Wind World (India) Infrastructure Private Limited [Corporate Debtor] admitted since Financial Creditors have proved existence of debt and default.

Matter remanded as evidence proving financial capability of partners for capital contribution produced

October 14, 2025 264 Views 0 comment Print

Madras High Court held that petitioner has placed on record sufficient evidence proving financial capability of partners for capital contribution. Accordingly, order set aside and matter remanded back for reconsideration.

Customs Broker not responsible for overvaluation committed by exporter

October 14, 2025 504 Views 0 comment Print

CESTAT Kolkata held that Customs Broker cannot be held responsible for violations of overvaluation committed by exporters. Accordingly, order revoking license of Customs Broker cannot be sustained. In the result, appeal is allowed.

Documentary evidences to prove cash deposit due to family settlement to be submitted: Matter restored

October 14, 2025 324 Views 0 comment Print

ITAT Hyderabad held that cash deposit on account of family settlement needs to be proved with documentary evidences like family settlement deed or relinquishment of property right etc. Matter restored with direction to assessee to submit relevant proof.

Deduction u/s. 35(1)(ii) denied as donation given to trust whose approval got expired

October 14, 2025 603 Views 0 comment Print

ITAT Ahmedabad held that deduction u/s. 35(1)(ii) of the Income Tax Act rightly disallowed since donation was given to Arvindo Institute of Applied Scientific Research Trust whose approval expired on 31.03.2006. Accordingly, appeal of assessee dismissed.

No penalty u/s. 271D in absence of violation of section 269SS

October 14, 2025 696 Views 0 comment Print

ITAT Pune held that sum has been received for work relating to interior and other finishing work and total consideration is received through banking channel. Hence, there is no violation of section 269SS of the Income Tax Act. Hence, penalty u/s. 271D not leviable. Accordingly, appeal of revenue dismissed.

Unexplained credits addition on adhoc basis at 5% cannot be sustained: Matter restored

October 14, 2025 468 Views 0 comment Print

ITAT Raipur held that addition towards unexplained credits on estimated basis should be the average GP rate from the preceding 3 years. In the present case the same is taken as 5% without any basis. Accordingly, matter restored back to file of AO.

Condition of investment of corpus donation in prescribed mode u/s. 11(5) effective only from 01.04.2022

October 14, 2025 720 Views 0 comment Print

ITAT Hyderabad held that condition of investment to the corpus donation in mode prescribed under section 11(5) of the Income Tax Act is effective only from 01/04/2022. Hence the said condition is not applicable in the relevant year. In the result, appeal of assessee is allowed.

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