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Judiciary

Undisclosed source of income addition not sustained since transaction duly recorded in books of accounts

October 6, 2025 897 Views 0 comment Print

ITAT Delhi held that addition towards undisclosed source of income cannot be sustained merely because this amount is not reported in Tax Audit Report since transaction is duly recorded in books of accounts.

Retention of seized property without adhering to section 20 of PMLA is unlawful

October 6, 2025 1440 Views 0 comment Print

Delhi High Court held that retention of seized property without adhering to section 20 of Prevention of Money Laundering Act, 2002 [PMLA] is contrary to statutory framework and accordingly unsustainable in law. Hence, present appeal is allowed and order set aside.

Appeal lies to Supreme Court when issues of determining taxability or valuation are involved

October 6, 2025 867 Views 0 comment Print

Delhi High Court held that in terms of section 35L of the Central Excise Act, 1944 when issues of determining taxability or valuation are involved, the appeal would lie to the Supreme Court. Accordingly, appeals are disposed of.

Both Jurisdictional and Faceless Officers Can Issue Reassessment Notices: Delhi HC

October 6, 2025 1068 Views 0 comment Print

Delhi High Court held that under Section 148A of the Income Tax Act, both the Jurisdictional Assessing Officer and Faceless Assessing Officer possess concurrent jurisdiction to issue reassessment notices, reaffirming its earlier ruling in TKS Builders Pvt. Ltd.

Delhi HC Confirms Concurrent Jurisdiction of JAO and FAO for Section 148 Proceedings

October 6, 2025 891 Views 0 comment Print

Reiterating its view from K.S. Builders Pvt. Ltd., the Delhi HC held that both Jurisdictional and Faceless Assessing Officers have concurrent powers to issue reassessment notices under Section 148 of the Income Tax Act.

No Exclusive Right for Faceless AO: Delhi HC Reiterates Dual Jurisdiction Under Section 148

October 6, 2025 579 Views 0 comment Print

Delhi High Court’s ruling in Neena Wadhwa v. PCIT upholds the concurrent power of both the Jurisdictional Assessing Officer (JAO) and the Faceless Assessing Officer (FAO) to issue reassessment notices under Section 148, citing the binding precedent of T.K.S. Builders Pvt. Ltd..

Freight charges form part of sale price hence taxable under Sales Tax Act

October 6, 2025 1401 Views 0 comment Print

Madras High Court held that freight charges are directly related to the delivery of goods and therefore form an inseparable part of the sale consideration. Thus, freight charges form part of the sale price and are taxable under the Sales Tax Act.

Unaccounted sales addition without adverse material cannot be sustained

October 6, 2025 561 Views 0 comment Print

Chhattisgarh High Court held that addition on account of unaccounted sales based on estimated production yield in complete absence of any adverse material is rightly deleted. Accordingly, substantial question is answered in favour of assessee.

Revision u/s. 263 quashed as order neither erroneous nor prejudicial to interest of revenue

October 6, 2025 798 Views 0 comment Print

ITAT Chennai held that revisionary powers exceeded by PCIT since rectification order passed by AO is neither erroneous nor prejudicial to the interest of revenue. Accordingly, order of PCIT u/s. 263 quashed.

Resolution plan rightly not approved since deed claimed by Corporate Debtor is unenforceable

October 6, 2025 693 Views 0 comment Print

NCLAT Delhi held that order of Adjudicating Authority refusing approval of resolution plan justified since deed claimed by Corporate Debtor is doubtful and questionable and accordingly, asset cannot be treated as asset of Corporate Debtor.

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