Daily Archives: November 14, 2025

A 1370-day (over 3.5 years) delay in filing an appeal cannot be condoned when the only reason given is that the tax consultant “did not advise any remedial action.”

By | November 14, 2025

A 1370-day (over 3.5 years) delay in filing an appeal cannot be condoned when the only reason given is that the tax consultant “did not advise any remedial action.” Issue Whether an extraordinary delay of 1370 days in filing an appeal with the Income Tax Appellate Tribunal (ITAT) can be condoned under Section 5 of… Read More »

Attachment Must Be Lifted After ITAT Deletes Additions and Arrears Are Cleared.

By | November 14, 2025

Attachment Must Be Lifted After ITAT Deletes Additions and Arrears Are Cleared. Issue Can a tax attachment order remain in force even after the underlying tax demand, on which the attachment was based, has been deleted by the Commissioner (Appeals) and that deletion has been confirmed by the Income Tax Appellate Tribunal (ITAT)? Facts Following… Read More »

Reassessment Notice Quashed as JAO, Not Faceless AO, Issued It.

By | November 14, 2025

Reassessment Notice Quashed as JAO, Not Faceless AO, Issued It. Issue Is a reassessment notice issued under Section 148 of the Income-tax Act invalid and without jurisdiction if it is issued by the local Jurisdictional Assessing Officer (JAO) instead of the Faceless Assessing Officer (FAO), as mandated by the faceless reassessment procedure under Section 144B?… Read More »

VSV Eligibility Depends on Appeal’s Factual Pendency, Not Its Legal Maintainability.

By | November 14, 2025

VSV Eligibility Depends on Appeal’s Factual Pendency, Not Its Legal Maintainability. Issue Whether a declaration filed under the Direct Tax Vivad Se Vishwas (VSV) Scheme, 2024, can be rejected by the Designated Authority on the grounds that the assessee’s appeal—which was factually pending on the specified cut-off date—was “not maintainable” or “invalid” because it was… Read More »

Revision Quashed: AO’s Acceptance of 6% Estimated Profit Was a Plausible View.

By | November 14, 2025

Revision Quashed: AO’s Acceptance of 6% Estimated Profit Was a Plausible View. Issue Whether a Principal Commissioner (PCIT) can invoke revisionary jurisdiction under Section 263 to set aside an assessment order as “erroneous,” simply because the Assessing Officer (AO), after a full inquiry, accepted the assessee’s 6% profit estimate (in a non-presumptive taxation case) and… Read More »

PCIT Cannot Invoke Section 263 on Plausible AO View That Liability Had Not Ceased.

By | November 14, 2025

PCIT Cannot Invoke Section 263 on Plausible AO View That Liability Had Not Ceased. Issue Whether a Principal Commissioner (PCIT) can invoke revisionary jurisdiction under Section 263 of the Income-tax Act to set aside an assessment order, on the grounds that the Assessing Officer (AO) took an erroneous view by not treating a long-outstanding liability… Read More »

Reassessment Notice Quashed as JAO, Not Faceless AO, Issued It.

By | November 14, 2025

Reassessment Notice Quashed as JAO, Not Faceless AO, Issued It. Issue Is a reassessment notice issued under Section 148 of the Income-tax Act invalid and without jurisdiction if it is issued by the local Jurisdictional Assessing Officer (JAO) instead of the Faceless Assessing Officer (FAO), as mandated by the faceless assessment procedure under Section 144B?… Read More »