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Judiciary

ITAT Mumbai remands ₹3 crore addition case – directs AO to verify FDs, cash & flat investment afresh

October 7, 2025 336 Views 0 comment Print

ITAT Mumbai set aside a cryptic CIT(A) order and remanded the entire case to the AO, directing a de novo inquiry into unexplained fixed deposits, cash, and flat investment after admitting new bank certificates and considering natural justice principles.

Penny stock theory fails again – Revenue can’t rely on generic Investigation Wing reports: ITAT Mumbai

October 7, 2025 918 Views 0 comment Print

The ITAT Mumbai deleted an addition of ₹46 lakh in the Rekha Rajesh Jogani case, ruling that the Income Tax Department cannot rely solely on general ‘penny stock’ investigation reports to deny Long Term Capital Gains (LTCG).

SC upholds maximum of three adjournments may be granted but does not mandate granting all three

October 7, 2025 1494 Views 0 comment Print

Supreme Court held that only up to three adjournments may be granted under GST law and denial beyond this does not violate natural justice principles.

Income Tax reassessment order was quashed for delay in issuing sec.143(2) notice

October 7, 2025 1065 Views 0 comment Print

Issuance of a valid notice under section 143(2) was mandatory and non-issuance or belated issuance vitiated the assessment. Accordingly, Tribunal quashed the reassessment order passed under section 147 r.w.s. 144B as being void ab initio.

Reassessment order was quashed in absence of a valid section 143(2) notice

October 7, 2025 888 Views 0 comment Print

Reassessment order passed under Section 147/143(3) was quashed on the ground that no notice under Section 143(2) was issued after the assessee filed the return in response to notice under Section 148, rendering the assessment void ab initio.

Oven-Roasted Nuts: Areca Nuts Held as “Raw”, Others as “Roasted” by CAAR Mumbai

October 7, 2025 651 Views 0 comment Print

CAAR Mumbai ruled that oven-roasted areca nuts with 10–15% moisture content are to be classified as raw under Chapter 8, while roasted cashew, walnut, and pista nuts fall under Chapter 20 as roasted nuts per specific tariff entries.

ITAT Allows Delayed JDA Tax Appeal Due to Bereavement, Illness & COVID-19 Disruptions

October 7, 2025 1014 Views 1 comment Print

The Income Tax Appellate Tribunal (ITAT), Mumbai, has allowed Shree Sai Constructions’ appeal, setting aside a Rs.6.04 Cr capital gains addition.

Penalty on Notional House Property Income Quashed by ITAT – Section 271AAB overrides 271(1)(c)

October 7, 2025 654 Views 0 comment Print

The ITAT Mumbai, in Mohan Thakurdas Gurnani Vs ITO, deleted penalties levied under Section 271(1)(c) of the Income-tax Act, 1961, for notional income from house property, holding that penalty requires actual concealment, not notional additions.

Support Services to Foreign Affiliates Qualify as Export of Services Under GST Law

October 7, 2025 1671 Views 0 comment Print

The Karnataka High Court is hearing a petition from Amazon Development Centre India Private Limited challenging an order rejecting its GST refund claim.

Non-Viewing GST SCN on Portal Not a Valid Defence – But Fair Hearing Still a Must: Delhi HC

October 7, 2025 1026 Views 0 comment Print

Dismissing the plea of unawareness of portal notices, the Delhi High Court upheld that assessees must regularly check the GST portal. Yet, to uphold natural justice, it remanded the matter for reconsideration since no reply or personal hearing was granted.

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