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Judiciary

AO Cannot Replace Evidence with Online Estimates: Tribunal Deletes Agricultural Income Addition

November 19, 2025 864 Views 0 comment Print

Tribunal held that AO erred by rejecting agricultural income based on estimated rates and online data while ignoring affidavits from buyers. It ruled that uncontroverted evidence cannot be replaced by assumptions, leading to deletion of ₹1.20 crore addition.

No Section 194-IA TDS Needed as Payment to Each Co-Owner Below ₹50 Lakh, So 234E Levy Set Aside

November 19, 2025 978 Views 0 comment Print

The ruling found no liability to deduct TDS because individual payments to transferors were below the statutory threshold. Consequently, the fee and interest imposed under Section 234E were set aside.

Notices Quashed for Non-Faceless Procedure Under Sections 148A and 148

November 19, 2025 3969 Views 0 comment Print

The High Court set aside reassessment notices for not following mandatory faceless procedures introduced by recent Finance Act amendments. The ruling underscores that non-faceless issuance violates statutory requirements.

Real Estate Income Issue Remanded as Section 44AD Claim Unaddressed: ITAT Nagpur

November 19, 2025 660 Views 0 comment Print

The Tribunal held that additions made by treating real estate receipts as capital gains required fresh verification. The case was remanded as the earlier order failed to examine the assessee’s claim of business income under section 44AD.

Cost Guidelines in Cheque Dishonour Settlements Not Binding in All Cases: SC

November 19, 2025 828 Views 0 comment Print

The Court held that cost directions based on earlier guidelines cannot be enforced as binding precedent. It set aside the imposed costs since the complainant sought no further payment and the appellant could not comply.

Disallowance Upheld Due to AO’s Satisfaction: ITAT Confirms Rule 8D Application

November 19, 2025 384 Views 0 comment Print

Tribunal held that the AO had validly recorded dissatisfaction with the assessee’s 14A working and rightly invoked Rule 8D, confirming interest disallowance while remanding only the investment-averaging computation for Vireet-based recalculation.

Customs Reassessment Quashed as CESTAT Finds Reclassification Ultra Vires Notification & Beyond Jurisdiction

November 19, 2025 507 Views 0 comment Print

The CESTAT Mumbai allowed an appeal against customs duty reassessment, holding that reclassification of copper busbars for EOU imports exceeded authorities’ jurisdiction and violated notification provisions.

Intent to evade Service Tax on Property Renting cannot be attributed to a government authority

November 19, 2025 534 Views 0 comment Print

The Tribunal held that the extended period could not be invoked because the Department was already aware of the appellant’s activities. Service tax was upheld only for the normal period, and the matter was remanded for recalculation.

J&K HC Orders GST Registration Restoration Subject to Filing Returns & Paying Dues

November 19, 2025 642 Views 0 comment Print

HC held that delayed appeals need not prevent GST Registration restoration when taxpayer undertakes to file returns and pay outstanding dues. Restoration was directed subject to completing statutory formalities.

1,370-Day Delay Not Condoned; Reliance on Consultant Not Sufficient Cause: ITAT Mumbai

November 19, 2025 696 Views 0 comment Print

ITAT Mumbai dismissed a tax appeal due to a 1,370-day delay, ruling that reliance on a tax consultant’s advice does not constitute sufficient cause for condonation. Case underscores strict adherence to limitation rules in tax proceedings.

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