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Archive: 29 October 2025

Posts in 29 October 2025

Film Rights Sale: ITAT Rules Capital Gains, Rejects Business Income Claim

October 29, 2025 819 Views 0 comment Print

ITAT Mumbai dismissed Revenue’s appeal, confirming that Rs.14.11 crore surplus from perpetual sale of film rights, copyrights, and intellectual property to a third party should be taxed as Long Term Capital Gain (LTCG), not Business Income.

No Black Money Liability When Assets Belong to Foreign Partner: ITAT Delhi

October 29, 2025 1317 Views 0 comment Print

In the case of Deepak Jain v. Income Tax Department, the ITAT Delhi held that the BMA cannot be applied to foreign companies and bank accounts that ceased to exist before 1 July 2015, and that once proceedings were pursued under the IT Act rather than the BMA, the revenue may not shift to BMA under doctrine of election.

ITAT Mumbai Reduces 100% Bogus Purchase Addition to Nominal GP Difference

October 29, 2025 1275 Views 0 comment Print

Tribunal held that when sales are accepted and supported by evidence, entire purchases cannot be disallowed. Only the profit element can be added, restricting disallowance to ₹8,075 as per Bombay High Court’s ruling in Mohammad Haji Adam & Co.

No Question of Law in GP Estimation: Bombay HC

October 29, 2025 1128 Views 0 comment Print

Bombay High Court dismisses Revenue’s appeal in PCIT vs N.N. Trading Corporation, holding no substantial question of law arises in dispute over gross profit estimation on bogus purchases.

Black Money Act Penalty Discretionary, Not Mandatory: ITAT Mumbai 

October 29, 2025 2166 Views 0 comment Print

ITAT Special Bench rules that may in Black Money Act Sec 43 means penalty is discretionary, not mandatory, requiring AO to consider assessee’s explanation before levy. 

Subsequent SC Ruling Not Grounds for ITAT Rectification: Bombay HC

October 29, 2025 1131 Views 1 comment Print

Bombay High Court quashes ITAT order that rectified its decision based on a subsequent Supreme Court ruling (Checkmate Services), affirming Sec 254(2) limits to mistakes apparent from record.

Delay in 80G Registration Due to Portal Glitches Condoned by ITAT Mumbai

October 29, 2025 756 Views 0 comment Print

ITAT Mumbai sets aside CIT(E) order, holding Mohanji Bharat Welfare Foundation’s 80G registration application was timely, interpreting the six-month deadline from provisional approval expiry. 

Assessment Based on Nonexistent Case Law Quashed: Bombay HC Warns Against Blind AI Reliance

October 29, 2025 5043 Views 0 comment Print

Bombay High Court sets aside NFAC’s ₹27.91 crore assessment on KMG Wires Pvt. Ltd., citing non-consideration of key evidence and AI-based reliance on non-existent case law.

Gauhati HC Grants Bail to Accused in Rs. 3 Crore GST Fraud Case; Arrest Procedure Questioned

October 29, 2025 747 Views 0 comment Print

Ujjawal Agarwal, accused of ineligible Input Tax Credit use under the Assam GST Act, secures regular bail from Gauhati High Court, which cited the duration of custody and procedural deficiencies in the arrest authorization.

GSTN Advisory to file pending GST returns before expiry of three years

October 29, 2025 6765 Views 0 comment Print

The GST portal will bar return filing (GSTR-1, 3B, 9/9C, etc.) after three years from the due date, effective from the November 2025 tax period. File all outstanding returns now.

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