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Judiciary

Defective Affidavit Leads to Dismissal of 317-Day Late Appeal

November 21, 2025 216 Views 0 comment Print

ITAT Jaipur dismissed the appeal as time-barred since it was filed 317 days late. The affidavit filed lacked sufficient cause, proper verification, and supporting evidence, leading to rejection of the condonation application.

Orissa HC Rejects Faceless SOP Breach Claim, Directs Taxpayer to Use Statutory Appeal Route

November 21, 2025 801 Views 0 comment Print

High Court dismisses writ petition alleging SOP breach in faceless assessment, advising the taxpayer to seek remedy through the statutory appellate process under the Income Tax Act.

Section 263 Order Quashed for Wrongly Alleging Lack of Enquiry – What ITAT Clarified

November 21, 2025 681 Views 0 comment Print

ITAT held that Section 263 cannot be invoked when the AO has already examined the issues and applied his mind. Key takeaway: Mere preference for deeper enquiry does not make an assessment erroneous.

Section 74 Cannot be used to Reassess Finalised Service Tax Liabilities: Bombay HC

November 21, 2025 768 Views 0 comment Print

The Court confirmed that the Joint Commissioner could not rectify another authority’s order under Section 74, and the petitioner must use statutory appeal mechanisms.

Allahabad HC Quashes GST Registration Cancellation, Orders Fresh SCN & Personal Hearing

November 21, 2025 435 Views 0 comment Print

Allahabad HC quashed GST cancellation order and appellate rejection, directing department to issue a fresh show cause notice and grant a personal hearing.

Section 271D Penalty Cannot Be Levied Without Recorded Satisfaction: Gujarat HC

November 21, 2025 834 Views 0 comment Print

Gujarat High Court upheld the deletion of a Section 271D penalty, ruling that the assessment order did not record satisfaction for initiating proceedings. No substantial question of law was found, and the appeal was dismissed.

ITAT Deletes Section 69A Addition for Bank Deposits from Liquor Receivables

November 21, 2025 546 Views 0 comment Print

The Tribunal held that deposits in the assessee’s bank account represented genuine receivables from a previously acknowledged liquor business. Since the source was documented and undisputed, the Sec.69A addition of Rs.12.21 lakhs was deleted.

Post-2002 Sec.17(3) Amendment Covers All Termination Payments

November 21, 2025 615 Views 0 comment Print

The Tribunal held that severance pay received on cessation of employment is taxable as “profits in lieu of salary” under Sec.17(3)(iii). Voluntariness or nomenclature of the payment is irrelevant post-2002 statutory amendment.

CIT(A)’s Deletion of Rs. 25.24 Cr u/s 68 Upheld as AO Accepts Cash Sales in Remand Report

November 21, 2025 291 Views 0 comment Print

The Tribunal upheld deletion of a large cash-credit addition after the AO confirmed in remand that branch sales and cash transfers were genuine. The key takeaway is that once sales are accepted, related cash deposits cannot be taxed under Section 68.

Tribunal Upholds CIT(A) Deletion of Bogus Loan & Share Capital Additions

November 21, 2025 606 Views 0 comment Print

The Tribunal confirmed that unsecured loans of ₹1.77 crore were genuine, supported by account-payee cheques, NBFC registration, bank statements, and confirmations. AO’s additions were based on presumption and ignored documentary evidence, so the deletions were rightly upheld.

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