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Archive: 31 October 2025

Posts in 31 October 2025

Section 56(2)(vii)(b) Addition Remanded – ITAT Pune Orders Fresh Assessment on Stock-in-Trade Claim

October 31, 2025 681 Views 0 comment Print

The case was remanded for fresh adjudication because the lower authorities failed to consider the taxpayer’s claim that a significant Nazarana/fees paid to the Municipal Corporation should be included in the property’s cost. The ITAT directed the AO to verify all factual claims related to the cost of acquisition and the date of agreement for correct valuation under Section 56(2)(vii)(b).

Additions on Partner’s Capital & Unsecured Loans Sustained – ITAT Ahmedabad

October 31, 2025 621 Views 0 comment Print

The ITAT Ahmedabad confirmed additions totaling over ₹4.78 crore for unexplained partners’ capital and unsecured loans. The Tribunal ruled that the firm failed to discharge its onus under Section 68 by relying on unaudited and unsubstantiated documents.

Suppressed Receipts Addition Deleted: ITAT Accepts Reversal of Income as Irrecoverable Bad Debt

October 31, 2025 495 Views 0 comment Print

This case addresses the mismatch between Form 26AS receipts and income shown in the P&L account, which led to an addition for suppressed receipts. ITAT Pune allowed the appeal, relying on the SC ruling in TRF Ltd. to confirm that the company’s action of reversing the unrecovered billing as irrecoverable was a legitimate write-off, thus making the addition unjustified.

ITAT Sets Aside Ex-Parte Appeal Dismissal for NRI’s Property Sale Case 

October 31, 2025 786 Views 0 comment Print

The ITAT restored an NRI’s tax appeal, accepting the argument that non-compliance before the lower authorities was not deliberate, as the taxpayer was abroad and faced difficulties accessing records during the pandemic. The Tribunal ruled that the appeal should be decided on its merits, setting aside the ex-parte order and directing the AO to verify the factual claims regarding the assessment year and capital gains.

Form MSME-1: Filing, Due Dates, Applicability, Penalty & Payment Compliance

October 31, 2025 15882 Views 0 comment Print

Form MSME-1 is a mandatory half-yearly return for companies to report payments due to Micro and Small Enterprises (MSEs) exceeding 45 days. Learn about its purpose, applicability, filing procedure, and penalties for non-compliance.

CIRP against Corporate Debtor admitted as debt and default proved by way of ledger confirmation

October 31, 2025 744 Views 0 comment Print

NCLT Ahmedabad held that application under section 7 of the Insolvency and Bankruptcy Code, 2016 [IBC] against Corporate Debtor [M/s. C M Smith and Sons Limited] for initiation of Corporate Insolvency Resolution Process [CIRP] admitted as debt as well as default is established by way of ledger confirmation.

Flow Meter Maintenance Not Part of Composite Supply: AAR Andhra Pradesh

October 31, 2025 507 Views 0 comment Print

AAR Andhra Pradesh held that maintenance of flow meters for recycled water supply is a separate taxable service under SAC 9987, not part of composite supply with nil-rated recycled water.

License Fee for Public Toilets Exempt from GST: AP AAR

October 31, 2025 1758 Views 0 comment Print

The Andhra Pradesh AAR ruled that the monthly license fee paid to the Public Transport Department for operating bus stand toilets is exempt from GST under Notification 12/2017. The ruling cited High Court precedent confirming the exemption for services related to public conveniences.

R&D for Government Bodies Taxable Under GST – No Exemption Allowed

October 31, 2025 1164 Views 0 comment Print

Andhra Pradesh AAR examines if MoA grant-in-aid for public R&D qualifies as consideration and thus a supply under Section 7 of the CGST Act. The applicant argues the grant is an excluded government subsidy.

AAR Confirms GST on Export of Frozen Shrimps in Both Printed and Plain Packs

October 31, 2025 780 Views 0 comment Print

AAR states that pre-packaged and labelled goods for export, including frozen shrimp up to 25 kg, fall under the Legal Metrology Act and are thus subject to GST under Notification 06/2022.

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