Important Updates Of Case Laws, Articles And Association News
itatonlinenews
Dear Subscriber,
The following important updates are available at itatonline.org:
Join the itatonline.org Telegram Channel for speedy updates
Association News
Consoslidated Statement Showing the List of Special Bench Cases as on 04-12-2025
Case Laws
Snehdham Trust & Ors v. ACIT (Guwahati High Court)
Guwahati High Court: S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless regime-Notice issued by Jurisdictional Assessing Officer (JAO) after 01.04.2022-Held to be valid-The Court clarified that paragraph 3 of the Scheme requires only automated allocation, not faceless issuance-Writ petitions dismissed-Not followed Hexaware Technologies Limited v. ACIT [2024] 162 taxmann.com 225/ 464 ITR 430 / 338… Read More ...
Mumbai Tribunal : S. 69C : Unexplained expenditure-Bogus Purchases- Accommodation entries Assessing Officer disallowed 100% purchases as bogus purchases-CIT( A) restricted the disallowance to 8% of purchases against 100% of disallowed by the Assessing Officer-on appeal by Revenue the Tribunal affirmed the order of the Assessing Officer and confirmed 100% of bogus purchases. [S. 37, 68, 143(3), 147,… Read More ...
Delhi High Court: The GST Department and even other Departments, including the IT Department ought to be careful while citing judicial precedents, specially if the same has been produced or accessed through Artificial Intelligence software, as there is a clear possibility of the citations themselves being fake Judicial precedents clearly demonstrate the risk of Artificial Intelligence hallucinating, by… Read More ...
Gauhati High Court: Constitution of India Art. 226 : Cyber fraud–Unauthorized electronic banking transactions – Zero liability of customer (RBI Circular) – Bank’s duty of prompt action – Fraudulent siphoning of ₹94,204.80 on downloading app at behest of fraudster impersonating brand customer-care – Customer informed bank within one working day – No proof of customer sharing OTP/MPIN –… Read More ...
Allahabad High Court : Constitution of India. Art. 226 : Cyber-Fraud Claim – Customer Liability under RBI Circular (RBI Circular dated 06-07-2017 – Customer Protection – Limiting Liability of Customers in Unauthorised Electronic Banking Transactions) - RBI Circular protects customers only in cases of third-party breach or where no negligence is attributable to the account holder; it cannot be… Read More ...
ITAT-Mumbai in ITA No. 1574/Mum/2025: ITAT Mumbai vide 2 separate orders passed by both members quashes reassessment proceedings for AY 2018-19 initiated in April,2022 on the ground that the sanction for issuing notices under sections 148A(d) and 148 was wrongly obtained from the PCIT instead of the PCCIT, as required under Section 151(ii) once more than three years had elapsed.… Read More ...
ITAT, D Bench, : The assessee, Moraj Group Hospitalities Inc., appealed against the penalty of ₹24,72,000 levied under section 271(1)(c) for AY 2015-16, which arose from an addition of ₹80 lakhs made in reassessment relating to a loan from Dhanvi Corporation. The assessee argued that the penalty order and notices were invalid because the Assessing Officer failed to specify… Read More ...
ITAT, B bench, Shri Pawan Singh (JM), Smt. Renu Jauhri (AM): The assessee, a registered charitable trust running an educational institution and eligible for exemption under sections 11, 12A/12AB and 80G, filed its return for AY 2018–19 in time along with a duly obtained audit report in Form 10B dated 25.09.2018. However, the digital upload of Form 10B on the income-tax portal occurred on 27.06.2019. AO/… Read More ...
ITAT, F bench, Shri Saktijit Dey (Vice President), Shri N. K. Billaiya (Accountant Member): The assessee, Ultima Realtors Pvt. Ltd., a company whose name was struck off by the Registrar of Companies filed an appeal against the order of the CIT(A) for AY 2014–15. The CIT(A) dismissed the appeal as “not maintainable,” stating that the company’s name had been struck off and therefore could not file an appeal. However,… Read More ...
ITAT, E bench, Shri Pawan Singh (Judicial Member), Smt. Renu Jauhri (Accountant Member): The assessee, Haresh Damji Shah, was a joint tenant along with his wife in a residential premises in Dadar, Mumbai. The property underwent redevelopment, and under a Permanent Alternate Accommodation Agreement (PAAA), the assessee surrendered his tenancy rights in exchange for a new residential flat, car parking, hardship compensation, transit rent, shifting charges, brokerage and… Read More ...
Erangal Comtrade and Consultancy LLP (as successor in interest of Erangal Comtrade and Consultancy Private Limited) vs ACIT (Bombay High Court)
Bombay High Court: Notice u/s 148 issued to a company which ceased to exist after its conversion into a LLP is illegal as it has been taken against a non- existent entity (i) We find that the issue regarding the invalidity of a notice issued to a non-existent entity is no longer res-integra and is covered by the… Read More ...
Articles
Artificial Intelligence – Boom Or Bubble
By Firoze Andhyarujina, Senior Advocate: Artificial intelligence – AI is the future. It will replace or locked of way of thinking and the way things are being done and the entire approach of people towards better technological future. Big Tech companies are investing hundreds of billions of Dollars in data centre. However, an important problem remains as to whether the… Read More ...
Whether Section 115BAA Override LTCG Concessional Rate
By CA Harshil Shah: A recent ruling by the SMC Bench of the ITAT Delhi in the case of Maharishi Education Corporation Pvt. Ltd. has created significant discussion — and confusion — around whether opting for the concessional corporate tax regime under Section 115BAA results in losing concessional tax rates on capital gains under Sections 111A, 112 and 112A.… Read More ...
Regards,
Editorial Board