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Judiciary

Disallowances Sustained Due to Lack of Evidence Against CIT(A)’s Verification

November 19, 2025 441 Views 0 comment Print

The Tribunal upheld the CIT(A)’s findings after noting the assessee produced no evidence to counter verified disallowances. Key takeaway: appellate relief requires substantiated rebuttal of factual verification.

ITAT Deletes 36(1)(iii) Interest; Remands Rent/Salary for Verification

November 19, 2025 468 Views 0 comment Print

The Tribunal removed the interest disallowance after holding that the assessee’s earlier favourable ruling covered the issue. Key takeaway: once a factual issue is already adjudicated in the assessee’s own case, consistency must be maintained.

ITAT Dismisses Revenue’s 14A, TDS & LTCG Grounds Against PNB

November 19, 2025 339 Views 0 comment Print

The ITAT sent back the issue of carry-forward business losses for re-examination because assessment records did not clarify earlier allowances. Key takeaway: loss set-off must be verified year-by-year before denial.

ITAT Quashes Reassessment After 3 Years for Invalid Sanction

November 19, 2025 1275 Views 0 comment Print

The case examines whether a Section 148 notice issued after the extended limitation period was invalid. Key takeaway: approval beyond three years required the higher authority under Section 151(ii), making the notice vulnerable.

ITAT Restores Appeal Against NFAC’s “No Appeal Lies” View on 143(3)

November 19, 2025 570 Views 0 comment Print

The capital-gains addition of ₹4.02 crore arose from 143(1) but was included in the 143(3) scrutiny assessment. ITAT directed CIT(A) to decide the appeal on merits, ensuring the assessee’s rights during scrutiny are protected.

Section 271(1)(c) Penalty Appeal Requires Fresh Hearing After NFAC Order

November 19, 2025 879 Views 0 comment Print

The Tribunal held that the CIT(A) erred by dismissing the penalty appeal solely due to VSVS settlement of interest, without adjudicating the depreciation-related penalty. Key takeaway: all grounds must be decided on merits even when only part of the quantum is settled.

Orissa HC Quashes GST Order for Mismatch Between SCN & Adjudication Periods

November 19, 2025 1374 Views 0 comment Print

The Orissa High Court set aside a GST order of Rs.17.89 lakh after the tax periods in the adjudication did not match the show-cause notice, remitting the matter for fresh computation.

ITAT Faults CIT(A) for Ignoring Proof Against 69A ‘Unaccounted Sales’ Charge

November 19, 2025 648 Views 0 comment Print

The AO changed the charge from bogus payments to 69A ‘Unaccounted Sales’ without issuing a fresh notice, denying the assessee a proper hearing. ITAT remanded the matter for verification of documentary evidence including invoices, GST returns, and e-way bills.

GST Assessment Set Aside After Missed Online Notice; 25% Deposit Imposed

November 19, 2025 564 Views 0 comment Print

Madras HC quashed a GST assessment after petitioner missed a notice posted online and directed a fresh order, with 25% of disputed tax to be deposited in cash.

Tribunal Deletes ₹10.84 Cr Addition: Proper Sale Proceeds Ignored, Verified Loans Misread

November 19, 2025 447 Views 0 comment Print

The ITAT Mumbai deleted Rs. 10.84 crore addition made under Section 68, ruling that the assessee had properly documented loans and repayments. Key takeaway: Genuineness of transactions with third-party entities can neutralize claims of unexplained credits.

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