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Judiciary

GST Appeal Limitation Starts From Email, Not Failed Portal Upload: Gujarat HC

November 16, 2025 2154 Views 0 comment Print

HC quashed an appellate order rejecting a GST appeal as time-barred, holding appeal was filed within limitation because order was communicated late due to a portal glitch.

GST Registration Cancellation quashed for Defective SCN, No Hearing & Non Speaking Order

November 16, 2025 1293 Views 0 comment Print

The court quashed a GST cancellation order issued without proper notice or reasons, emphasizing natural justice and the petitioner’s right to business under Article 19(1)(g).

Section 151A Breach: ITAT Quashes Reopening, ₹58.68 Cr Bogus Purchase Addition Deleted

November 16, 2025 1563 Views 0 comment Print

 ITAT Chandigarh held that a Section 148 notice issued by the Jurisdictional AO instead of Faceless AO violated statutory provisions, quashing the assessment for AY 2016-17.

Full 80P Deduction Upheld as Nominal Members Counted as ‘Members’ Under State Law

November 16, 2025 1347 Views 0 comment Print

Explains when co-operative societies providing credit to members can claim full deductions under section 80P(2)(a)(i) despite having nominal members.

ITAT Delhi Allows Section 54 Exemption for Property Purchased in Australia

November 16, 2025 2079 Views 0 comment Print

The tribunal ruled that Section 54 benefits apply to property purchased abroad before AY 2015-16, reversing the prior disallowance. Cash deposits in bank accounts without business entries cannot be treated as unexplained credit.

Net Agricultural Income Accepted After Tribunal Revises Expense Claim

November 16, 2025 735 Views 0 comment Print

Tribunal reviewed onion cultivation expenses claimed at 21% of gross receipts and found CIT(A)’s 35% estimate excessive. Net agricultural income accepted at Rs.67.12 lakh, partly allowing the appeal.

Penalty u/s 271AAC & 270A Remanded as Quantum Appeal Restored for Fresh Hearing

November 16, 2025 1179 Views 0 comment Print

 ITAT restored penalties under Sections 271AAC and 270A after noting CIT(A) dismissed appeal without hearing assessee. Case highlights necessity of providing a fair opportunity before imposing penalties.

Penalty u/s 271AAB Upheld: Admission of ₹3 Crores in Search Held ‘Undisclosed Income’

November 16, 2025 1134 Views 0 comment Print

ITAT Bangalore confirmed that income admitted under Section 132(4) constitutes undisclosed income under Section 271AAB. The assessee’s claim of voluntary disclosure to avoid litigation was rejected, validating the ₹30 lakh penalty.

Form 71 Corrects Buyer’s TDS Error, Capital Gain Taxed in Transfer Year: ITAT Delhi Allows Full Credit

November 16, 2025 1467 Views 0 comment Print

ITAT Delhi held that TDS deposited by a buyer in a later year cannot override correct assessment year of capital gains. Form 71 enables taxpayers to claim such TDS credit in year of transfer.

SC to Decide Trust’s Eligibility for Income Tax Exemption on Community-Based Welfare

November 16, 2025 999 Views 0 comment Print

The Supreme Court scheduled final hearing to determine if a trust working for a particular community can claim income tax exemption under Sections 11 and 12.

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