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Archive: 25 September 2025

Posts in 25 September 2025

Section 43B(h) of Income Tax Act: Law, Intention, Practical Application & Loopholes

September 25, 2025 2286 Views 0 comment Print

2023 Income Tax change (Sec 43B(h)) mandates that deductions for payments to Micro and Small Enterprises are allowed only when paid, if delayed beyond 45 days, complementing the MSMED Act.

No Capital Gains on Mere Joint Development Agreement Without Possession: ITAT Hyderabad

September 25, 2025 2715 Views 0 comment Print

ITAT Hyderabad ruled that a Joint Development Agreement (JDA) doesn’t trigger Capital Gains Tax u/s 2(47)(v) when possession isn’t legally delivered, relying on SC/HC precedent.

ITAT Rejects Arbitrary Transfer Pricing Adjustments on Management Services

September 25, 2025 507 Views 0 comment Print

ITAT Hyderabad deletes a ₹10.10 Cr TP adjustment on AE consultancy fees to Virinchi Ltd, holding TPO cannot question commercial expediency of services when ALP is proven.

Retail Algorithmic Trading: Balancing Innovation and Investor Protection

September 25, 2025 879 Views 0 comment Print

NSE’s new standards (Aug 2025) tighten retail algo trading rules with speed limits and API controls. India urgently needs a tiered, risk-based framework and platform licensing to manage market volatility.

HC Permits Delayed Submission of Tax Stay Petition Due to Technical Issues

September 25, 2025 507 Views 0 comment Print

Kerala High Court held that taxpayers unable to file stay petitions online due to lack of facility must be given an opportunity to do so, with the petition considered within three months and proceedings paused in the meantime.

ITAT Visakhapatnam Allows 30% Tax Rate on Demonetization Deposits as per pre-amended Section 115BBE

September 25, 2025 726 Views 0 comment Print

ITAT Visakhapatnam upholds additions for demonetisation deposits but rules tax under section 115BBE for AY 2017-18 should apply at 30% instead of 60%.

Default occurred after section 10A of IBC can be basis for CIRP application u/s. 7

September 25, 2025 669 Views 0 comment Print

NCLT Delhi held that the default occurred after Section 10A of Insolvency and Bankruptcy Code, 2016 [IBC], can very well be made a basis for an application under Section 7 of IBC, 2016. Accordingly, application for CIRP meeting requirement of the provisions of Sec. 7(3) & (5) of IBC is admitted.

Madras HC Sets Aside Ex Parte GST Assessment Order Over Portal Notice Issues

September 25, 2025 1092 Views 0 comment Print

The Madras High Court set aside an ex-parte GST order (Tvl. Sri Balaji Traders v DCIT), ruling that repeatedly uploading notices to an unusual portal tab is insufficient service, violating natural justice. The Court advised using RPAD when online notice fails.

CESTAT Mumbai Remands CENVAT Credit Eligibility Case of Hawkins Cookers

September 25, 2025 345 Views 0 comment Print

CESTAT Mumbai sets aside order against Hawkins Cookers on alleged wrongful CENVAT credit of ₹68 lakh, remanding case to adjudicating authority for fresh review.

GSTAT E-Filing Advisory: Staggered Appeal Schedule and Process

September 25, 2025 2982 Views 0 comment Print

GSTAT E-Filing is staggered until Dec 31, 2025, based on the original APL-01/03/RVN-01 filing date. The advisory mandates ARN/CRN validation and recommends using the offline Excel sheet to prepare documents before logging in.

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