#Jurisdictional Challenge

The ITAT Delhi quashed a reassessment under Section 147, holding that monies received as trading receipts, already declared and taxed in the original return, cannot be treated as undisclosed income. This reinforces that reopening is not a tool for fishing expeditions where the taxpayer has fully disclosed the nature and source of receipts, safeguarding businesses from arbitrary reassessments.

The High Court of J&K and Ladakh ruled that executing courts cannot bypass objections under Section 47 CPC, which challenge the decree's jurisdiction, before issuing levy warrants. The judgment reinforces that natural justice demands a merits-based decision on such objections to prevent unlawful coercive execution.

ITAT Pune rules that late fees under Section 234E of the Income Tax Act cannot be imposed for periods prior to 01.06.2015, even if TDS returns were filed late. The Tribunal also held that delays in filing appeals must be condoned when the assessee challenges the jurisdiction of the authority, ensuring substantive justice over procedural rigidity.

Madhya Pradesh High Court rules that an arbitration award remains valid if the arbitrator was appointed before a subsequent jurisdictional ruling (L.G. Chaudhary). The decision protects finality of awards where procedural fairness was observed at the time of appointment, preventing retroactive invalidation.

The Supreme Court reaffirms that under Section 11(4), if parties fail to jointly appoint a presiding arbitrator within 30 days, the two party-appointed arbitrators retain the authority to make the appointment - reinforcing party autonomy and closing the door to procedural delays disguised as jurisdictional challenges. This clarifies a critical pathway for tribunal constitution in domestic arbitrations, benefiting commercial parties and arbitrators alike.

ITAT Nagpur holds that where a loan is received and repaid through banking channels in the same financial year, Section 68 additions are unsustainable even if lender is a paper entity.