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SEMINAR UPDATE:-
Karol Bagh CPE Study
Circle of NIRC of ICAI Seminar will be held at 5:00 PM on Monday, 15th December
2025, as per following program:
Venue: Hotel Orange Tree, Gurudwara Road
Karol Bagh New Delhi
Speaker & Topics: CA Nitin Kanwar
Topic:
Decoding Of Income Tax 2025
Time: 5:00 PM to 7:00 PM
CPE Hours: 2
For Registration & further details, please
contact: CA Rajesh K Agrawal -9868156062 (ONLY WHATSAPP)
Thanks & Regards,
Karol Bagh CPE Study
Circle of NIRC of ICAI
WORD OF WISDOM: -
True wisdom comes to
each of us when we realize how little we understand about life, ourselves, and
the world around us.
SEBI UPDATES: -
SEBI has issued a new
circular regarding Deferment of timeline for implementation of Phase III of
Nomination Circular dated January 10, 2025 read with Circular dated February
28, 2025 and July 30, 2025(Click here to view)
CASE LAW: - Income Tax Act,1961
Source: itatonline.org
Abdul Mannan v. ITO
(CALCUTTA HIGH COURT)
ITAT/170/2025 IA NO:
GA/1/2025
S. 254(1): Appellate Tribunal-Powers-Tribunal remanding matter
with cost-Cost of ₹50,000 imposed on small trader held to be harsh and
unjustified – Order of Tribunal set aside. [S. 250(6), 254(2B), 260A]
The assessee, a small trader of glass articles, filed
appeal against the order of the ITAT, Kolkata `SMC’ Bench, for AY 2017–18. The
ITAT had remanded the matter to the AO for fresh assessment but imposed a cost
of ₹50,000 payable to Legal Aid Services, citing repeated non-compliance of
notices. On appeal the assessee explained that due to ill health, poor knowledge
of online compliances, and complete reliance on a consultant who failed to
appear, he could not attend proceedings before the AO and CIT (A). The High
Court observed that the CIT (A)’s order suffered from violation of S. 250(6) as
it did not deal with grounds raised by the assessee. The ITAT itself had
accepted that the matter required a fresh assessment. In such circumstances,
imposing heavy cost on an individual small trader would be harsh and
unjustified. The Court accordingly set aside the cost, while remanding the
matter to the AO with direction to issue fresh notice and complete assessment
after giving full opportunity to the assessee, who undertook to cooperate in
the proceedings. Substantial questions of law were left open. Court held that
when Tribunal itself finds that matter needs to be remanded, imposing hefty
cost on small assessee for restoration is unjustified.( AY. 2017 -18 )
(ITAT/170/2025, GA/1/2025, dt. 09/09/2025 )
Editorial: Order of Tribunal in Abdul Mannan v. ITO, ITA
No. 738/Kol/2025 dt. 15-7-2025 (SMC) (AY. 2017-18), levying cost of Rs .50,000/
was set aside.
[Coaram : Chief Justice T. S. Sivagnanam and Hon’ble
Justice Chaitali Chatterjee (Das)](Click here to view)
GST FAQs: -
Question: If a trader purchases directly from manufacturer & has documents
showing excise, will he get full excise credit or 40% of CGST?
Answer: - Full transition credit of such duty will be available on stock in hand in
respect of which you have duty paying excise document subject to conditions
under Section 140(3) of the CGST Act.
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