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Archive: 23 September 2025

Posts in 23 September 2025

No Reassessment for 2015–16 If Notice Issued on or After 1st April 2021: Karnataka HC

September 23, 2025 618 Views 0 comment Print

Karnataka High Court has ruled that reassessment notices issued after April 1, 2021 for AY 2015-16 are invalid, following a Supreme Court precedent.

Earlier-Year Loan Not Taxable Under Section 68: ITAT Deletes Rs. 2.5 Cr Addition

September 23, 2025 654 Views 0 comment Print

ITAT Mumbai has deleted a Rs. 2.5 crore tax addition, ruling that Section 68 of Income Tax Act cannot be applied to loan balances carried forward from a previous year. ITAT found reopening and subsequent tax demand to be unjustified, as transaction’s genuineness was already established in a past assessment.

Marwari Preference Clause Not a Breach of Section 13(1)(b): ITAT Mumbai

September 23, 2025 720 Views 0 comment Print

The ITAT Mumbai has ruled in favor of Aditya Birla Education Trust, holding that payments to foreign institutions for educational activities in India, a community preference clause, and a broad range of related educational activities do not violate Sections 11 or 13 of the Income-tax Act.

ITAT Mumbai Allows Section 11 Exemption Despite Late Form 10B Filing

September 23, 2025 492 Views 0 comment Print

The ITAT Mumbai ruled in favor of a church trust, holding that a 29-day procedural delay in filing Form 10B should not result in the denial of a tax exemption under Section 11. The tribunal emphasized that substantive law should prevail over procedural lapses, especially when the jurisdictional High Court has already condoned the delay.

Sale of property to trustee at market value not violates Section 13(1)

September 23, 2025 387 Views 0 comment Print

The ITAT Visakhapatnam allowed a trust’s appeal, restoring its Section 11 exemption. The sale of property to a trustee at market value was not a violation of Section 13, as no undue benefit was conferred.

Consultant doctors with no PF/ESIC or fixed schedule cannot be treated as employees

September 23, 2025 1416 Views 0 comment Print

The Bombay High Court ruled on a hospital’s TDS obligations for consultant doctors and equipment maintenance contracts, upholding the professional status of doctors while remanding the AMC issue.

ITAT Mumbai Quashes Time-Barred 148 Notices, Deletes ₹13 Cr Additions; Third-Party Search Cannot Trigger Section 147

September 23, 2025 1020 Views 0 comment Print

The ITAT quashed a reassessment and deleted ₹13 crore in additions, ruling that the initial notice under Section 148 was invalid as it was time-barred.

New GST Invoice Management System Changes

September 23, 2025 12744 Views 0 comment Print

GSTN’s new advisory introduces changes to the Invoice Management System, including an option to keep credit notes pending and a facility to declare ITC reversal amounts.

DGFT Revises SCOMET List in Line with Global Export Control Regimes

September 23, 2025 2673 Views 0 comment Print

DGFT updates SCOMET List in ITC(HS) 2022 under Export Policy. The revised list will take effect 30 days from 23 Sept 2025, aligning with global regimes.

Government Certificate Prevails Over AO’s Assumptions in Nursery Income Estimation Case

September 23, 2025 294 Views 0 comment Print

The ITAT Vizag partly allowed a nursery operator’s appeal, accepting a government-certified income of ₹1 lakh per acre over the AO’s arbitrary estimate. The ruling confirms that nursery income differs from regular agricultural income.

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