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Judiciary

Sale of undertaking as going concern constitutes slump sale hence section 41(2) doesn’t apply

November 26, 2025 684 Views 0 comment Print

Telangana High Court held that sale of undertaking as a going concern falls within the definition of a slump sale as set out in Section 2(42C) of the Income Tax Act hence section 41(2) dealing with taxation of gains on sale of certain depreciable assets doesn’t apply.

Scrutiny assessment of ‘receipts of trust’ does include appropriation of the same

November 26, 2025 276 Views 0 comment Print

The Kerala High Court held that scrutiny of exempted trust returns was correctly conducted as complete scrutiny, allowing assessment of appropriation of receipts under Section 12A.

ITAT Delhi Quashes Reassessment for Non-Compliance with Section 148/148A

November 26, 2025 975 Views 0 comment Print

The reassessment notice under Section 148 issued after 01.04.2021 did not comply with the amended provisions requiring enquiry and hearing. The NFAC held the reassessment order void ab initio. This ruling emphasizes strict adherence to procedural safeguards under amended law.

ITAT Delhi Remands DDA’s 2(15) Exemption Dispute for Fresh Examination

November 26, 2025 360 Views 0 comment Print

The NFAC remitted a statutory authority’s taxability under Section 2(15) to the AO for fresh consideration. The assessee’s exemption claims under Sections 11 and 12 were disputed. The ruling ensures reassessment aligns with Supreme Court guidelines and provides a fair hearing.

Revenue Cannot Question Assessee’s Cash Decisions; ₹38 Lakh Additions Deleted

November 26, 2025 9480 Views 0 comment Print

ITAT Delhi deletes ₹38 lakh additions under Sections 68 and 69A, accepting that agricultural income was misreported due to a clerical error and demonetization cash was properly explained.

Karnataka HC Quashed GST Order Due to Officer’s Lack of Jurisdiction

November 26, 2025 1695 Views 0 comment Print

A GST demand and recovery order was invalidated as the issuing officer acted beyond jurisdiction. The matter is remitted to a new officer for reconsideration. This ensures fair process and proper application of the law.

Penalty imposed upon Meta on sharing WhatsApp user data upheld

November 25, 2025 765 Views 0 comment Print

NCLAT Delhi held that penalty imposed by Competition Commission of India [CCI] of Rs. 213.14 crore upon Meta upheld on sharing WhatsApp user data with other Meta companies. Accordingly, appeal partly allowed.

ITAT Restores Ex-Parte CIT(A) Order, Allows Assessee to Present Case After Delay

November 25, 2025 480 Views 0 comment Print

ITAT allowed the appeal for statistical purposes, citing genuine non-receipt of the order by the assessee and restored the matter for reconsideration.

ITAT Allows Additional Evidence, Remands Trust Registration Case to CIT(E) for Final Hearing

November 25, 2025 399 Views 0 comment Print

The ITAT restored a charitable trust’s registration issue to CIT(E) after allowing additional evidence, emphasizing proper verification of documents before rejecting applications.

ITAT Sets Aside Post-April 2021 Reassessment Notice as Invalid Under TOLA

November 25, 2025 669 Views 0 comment Print

Tribunal holds that reassessment proceedings under Sections 147/148 are invalid as the notice was issued beyond the extended due date, following Supreme Court guidance in Rajeev Bansal.

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