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No Question of Law in GP Estimation: Bombay HC

October 29, 2025 1092 Views 0 comment Print

Bombay High Court dismisses Revenue’s appeal in PCIT vs N.N. Trading Corporation, holding no substantial question of law arises in dispute over gross profit estimation on bogus purchases.

Black Money Act Penalty Discretionary, Not Mandatory: ITAT Mumbai 

October 29, 2025 1932 Views 0 comment Print

ITAT Special Bench rules that may in Black Money Act Sec 43 means penalty is discretionary, not mandatory, requiring AO to consider assessee’s explanation before levy. 

Subsequent SC Ruling Not Grounds for ITAT Rectification: Bombay HC

October 29, 2025 1077 Views 1 comment Print

Bombay High Court quashes ITAT order that rectified its decision based on a subsequent Supreme Court ruling (Checkmate Services), affirming Sec 254(2) limits to mistakes apparent from record.

Gauhati HC Grants Bail to Accused in Rs. 3 Crore GST Fraud Case; Arrest Procedure Questioned

October 29, 2025 657 Views 0 comment Print

Ujjawal Agarwal, accused of ineligible Input Tax Credit use under the Assam GST Act, secures regular bail from Gauhati High Court, which cited the duration of custody and procedural deficiencies in the arrest authorization.

Gifts from Sisters Held Genuine – Section 68 Can’t Tax Natural Love and Affection

October 28, 2025 804 Views 0 comment Print

ITAT Agra deleted additions on gifts received from real sisters, holding that when identity, genuineness, and creditworthiness are proven, Section 68 cannot apply to family gifts made out of natural affection.

Suspicion Cannot Replace Proof: ITAT Mumbai Quashes ₹5.10 Cr Demonetisation Addition

October 27, 2025 468 Views 0 comment Print

ITAT Mumbai deleted a ₹5.10 crore addition made under Section 69A for cash deposits during demonetisation, holding that once sales are recorded, audited, and taxed, further additions based on suspicion or third-party denials are unjustified.

Reopening Based on IDS Disclosure Invalid: Bombay HC Slams Revenue for “Abuse of Power”

October 27, 2025 630 Views 0 comment Print

Bombay High Court quashed reassessment proceedings initiated using data from a valid IDS declaration, holding that once accepted under the Income Disclosure Scheme, the Revenue cannot revisit or reassess the same income.

Common 153D Approval for 14 Years Held Void – ITAT Quashes Entire Block of Assessments

October 26, 2025 657 Views 0 comment Print

Delhi ITAT ruled that a single, non-speaking approval u/s 153D issued for 14 assessment years and two assessees was invalid, holding that approval must be year-specific and assessee-specific. All assessments were quashed as void ab initio.

Third-Party Documents Deemed Dumb: ITAT Quashes ₹1.5 Crore Addition on Unsigned Jottings

October 26, 2025 5295 Views 0 comment Print

In a search assessment dispute, the ITAT Delhi struck down an addition of cash payments, concluding that the diary entries used as evidence were rough, unsigned jottings with no established link to the taxpayer’s finances beyond speculation. The entire addition was deleted as the diary lacked legal evidentiary value.

Stock Exchange Margin Penalties Fully Deductible, ITAT Allows ₹1.22 Cr Claim

October 26, 2025 492 Views 0 comment Print

The Delhi ITAT deleted a disallowance of Rs.1.22 crore, ruling that charges paid to the Stock Exchange for margin shortfall are regulatory fees, not penalties for offenses prohibited by law. Following Delhi High Court precedent, the Tribunal held these payments are allowable commercial business expenditure under Section 37(1)

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