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    May 27, 2026   Case LawsIncome Tax
    Net profit estimation on unaccounted sales limits tax addition, permits telescoping of cash, and avoids double addition for expenditure.
    May 27, 2026   Case LawsIncome Tax
    Borrowed satisfaction and vague reasons invalidated reassessment where no live nexus linked material to alleged escapement.
    May 27, 2026   Case LawsIncome Tax
    Penalty under section 271D fails without surviving reassessment basis or independent proof of cash loan acceptance.
    May 27, 2026   Case LawsIncome Tax
    Transfer pricing comparables and income computation errors were remitted for fresh adjudication after functional dissimilarity was found.
    May 27, 2026   Case LawsIncome Tax
    Unaccounted sales and bogus purchase additions: tribunal limits taxation to profit element, rejects blanket add-ons, and allows telescoping.
    May 27, 2026   Case LawsIncome Tax
    Bogus purchase additions fail where documentary evidence is unrebutted and suspicion is not backed by independent enquiry.
    May 27, 2026   Case LawsIncome Tax
    Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
    May 27, 2026   Case LawsIncome Tax
    Defective notice format, rejection of books, and unexplained cash deposits were addressed through technical and remand-based tax rulings.
    May 27, 2026   Case LawsIncome Tax
    Employee benefit, share premium, ESOP and subsidiary loss claims turn on evidence, valuation and commercial expediency
    May 27, 2026   Case LawsIncome Tax
    Charitable trust taxed at normal slab rates where trustees had no income share and public-benefit activities were involved.
    May 27, 2026   Case LawsIncome Tax
    Revision under section 263 requires error and prejudice; claimed deductions and losses were upheld on lawful assessment and supporting records.
    May 27, 2026   Case LawsIncome Tax
    Jurisdiction transfer under section 127 rendered reassessment void ab initio when the original officer acted without authority.
    May 27, 2026   Case LawsCustoms
    Specific tariff classification for n-Hexane prevailed over motor spirit treatment, with Chapter 29 classification upheld.
    May 27, 2026   Case LawsCustoms
    Customs investigation communication cannot replace adjudication; liability must be by show cause notice and final proceedings
    May 27, 2026   Case LawsCustoms
    Customs valuation based only on NIDB data was held unsustainable, and enhanced duty payment did not bar appeal.
    May 27, 2026   Case LawsCustoms
    Steamer agent penalty and retained onboard cargo confiscation rejected for lack of mens rea and import character
    May 27, 2026   Case LawsCustoms
    Zircon sand classified as concentrate, exemption denied, duty upheld, cross-examination challenge rejected, and penalty set aside.
    May 27, 2026   Case LawsIBC
    Pre-CIRP security deposit adjustment and finality of an approved resolution plan barred reopening settled claims.
    May 27, 2026   Case LawsIBC
    Limited interference with resolution plans where claims remain disputed and contingent; recall of an implemented plan was refused.
    May 27, 2026   Case LawsIBC
    Limitation under the Insolvency Code runs from pronouncement, and delay beyond the outer condonable period cannot be excused.
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    May 27, 2026   Case Laws Income Tax
    Net profit estimation on unaccounted sales limits tax addition, permits telescoping of cash, and avoids double addition for expenditure.
    May 27, 2026   Case Laws Income Tax
    Borrowed satisfaction and vague reasons invalidated reassessment where no live nexus linked material to alleged escapement.
    May 27, 2026   Case Laws Income Tax
    Penalty under section 271D fails without surviving reassessment basis or independent proof of cash loan acceptance.
    May 27, 2026   Case Laws Income Tax
    Transfer pricing comparables and income computation errors were remitted for fresh adjudication after functional dissimilarity was found.
    May 27, 2026   Case Laws Income Tax
    Unaccounted sales and bogus purchase additions: tribunal limits taxation to profit element, rejects blanket add-ons, and allows telescoping.
    May 27, 2026   Case Laws Income Tax
    Bogus purchase additions fail where documentary evidence is unrebutted and suspicion is not backed by independent enquiry.
    May 27, 2026   Case Laws Income Tax
    Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified.
    May 27, 2026   Case Laws Income Tax
    Defective notice format, rejection of books, and unexplained cash deposits were addressed through technical and remand-based tax rulings.
    May 27, 2026   Case Laws Income Tax
    Employee benefit, share premium, ESOP and subsidiary loss claims turn on evidence, valuation and commercial expediency
    May 27, 2026   Case Laws Income Tax
    Charitable trust taxed at normal slab rates where trustees had no income share and public-benefit activities were involved.
    May 27, 2026   Case Laws Income Tax
    Revision under section 263 requires error and prejudice; claimed deductions and losses were upheld on lawful assessment and supporting records.
    May 27, 2026   Case Laws Income Tax
    Jurisdiction transfer under section 127 rendered reassessment void ab initio when the original officer acted without authority.
    May 27, 2026   Case Laws Customs
    Specific tariff classification for n-Hexane prevailed over motor spirit treatment, with Chapter 29 classification upheld.
    May 27, 2026   Case Laws Customs
    Customs investigation communication cannot replace adjudication; liability must be by show cause notice and final proceedings
    May 27, 2026   Case Laws Customs
    Customs valuation based only on NIDB data was held unsustainable, and enhanced duty payment did not bar appeal.
    May 27, 2026   Case Laws Customs
    Steamer agent penalty and retained onboard cargo confiscation rejected for lack of mens rea and import character
    May 27, 2026   Case Laws Customs
    Zircon sand classified as concentrate, exemption denied, duty upheld, cross-examination challenge rejected, and penalty set aside.
    May 27, 2026   Case Laws IBC
    Pre-CIRP security deposit adjustment and finality of an approved resolution plan barred reopening settled claims.
    May 27, 2026   Case Laws IBC
    Limited interference with resolution plans where claims remain disputed and contingent; recall of an implemented plan was refused.
    May 27, 2026   Case Laws IBC
    Limitation under the Insolvency Code runs from pronouncement, and delay beyond the outer condonable period cannot be excused.

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      Home› Highlights › Income Tax › 2023 › December, 2023 › This
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      Income Tax

      Adjustment of refund against demand - requirement of prior...

      Tax Refund Adjustment Needs Prior Notice Under IT Act Sec 245; Without It, Adjustment Is Illegal.

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      Income TaxDecember 4, 2023Case LawsHC
      Adjustment of refund against demand - requirement of prior intimation under section 245 of the Act was a mandatory requirement and failure to comply with this mandatory requirement of prior intimation would make the entire adjustment as wholly illegal and, therefore, the respondents could not have made the adjustment as they wanted to. - HC
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