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Archive: 02 November 2025

Posts in 02 November 2025

PCIT Revision Upheld: Accumulated Forex Loss Claimed in One Year Invalid

November 2, 2025 780 Views 1 comment Print

ITAT Ahmedabad upheld PCIT’s revision under Section 263 because AO wrongly allowed a cumulative Rs.28.72 crore foreign exchange loss on ECB repayment in one year. Tribunal ruled that under ICDS-VI and AS-11, forex differences must be recognized annually, making AO’s failure to verify compliance erroneous.

TDS on Commission Does Not Mean Expense Belongs to Assessee: ITAT Indore

November 2, 2025 720 Views 0 comment Print

ITAT Indore deleted a Rs.1.46 crore addition made under Section 69C via rectification, ruling that the AO wrongly invoked the section. The commission payments reported in the audit form were a pass-through on behalf of clients, not the assessee’s claimed business expenditure, meaning the deduction of TDS didn’t imply an unrecorded expense.

ITAT Jaipur Quashes 69A Addition as AO Lacked Proper Jurisdiction

November 2, 2025 528 Views 0 comment Print

ITAT Jaipur quashed an addition of Rs.14.47 lakh made under Section 69A because the assessment was framed by a Jaipur-based AO who lacked territorial jurisdiction over the assessee residing in Sri Ganganagar. The Tribunal ruled that the objection to jurisdiction, raised by the assessee and unrebutted by the Revenue, renders the entire assessment order void ab initio.

Survey Disclosure Taxable as Business Income If Linked to Regular Operations: ITAT Bangalore

November 2, 2025 450 Views 0 comment Print

 ITAT Bangalore ruled that excess stock admitted during a survey is taxed as business income only if a direct nexus to regular business is proven; otherwise, it’s taxed as undisclosed income under Section 115BBE. The verdict split across two assessment years based on whether the disclosure was linked to sales or simply admitted as unexplained.

Reopening Validated: Dual PANs & Huge Cash Deposits Are Tangible Material

November 2, 2025 555 Views 0 comment Print

ITAT Delhi upheld reassessment on an individual for AY 2017-18, finding that existence of dual PANs and huge undisclosed demonetization cash deposits constituted tangible material. Tribunal confirmed that sufficiency of material is irrelevant at reopening stage, only prima facie belief matters when notice is issued within four years.

No Protective Addition When Substantive Addition Sustained: ITAT Surat

November 2, 2025 594 Views 0 comment Print

ITAT Surat dismissed Revenue’s appeal, holding that once substantive additions related to payments made by assessee were upheld by Tribunal and CIT(A) in cases of receiving parties, corresponding protective additions against assessee must be deleted.

Assignment of Tax Dues as Debt to Private Parties during Insolvency – A Paradigm Shift under IBC?

November 2, 2025 804 Views 0 comment Print

NCLAT rules sovereign tax dues, once admitted in CIRP, become assignable debts. Assignees become operational creditors with CoC voting rights, transforming the distressed debt market.

GSTR-9 Annual Return FY 2024-25: Key Change in Table 6 Reporting

November 2, 2025 5943 Views 0 comment Print

GSTN has revamped Table 6 in GSTR-9 for FY 2024-25 to clearly separate current and previous year ITC claims, reducing mismatches, scrutiny, and compliance hassles for taxpayers.

Diwali Gifts to Employees: A Complete Tax Analysis from GST Perspective

November 2, 2025 996 Views 0 comment Print

Employee Diwali gifts may spread festive cheer, but GST law under Section 17(5) blocks Input Tax Credit on such expenses. Learn why these gifts are treated as free supplies and how to stay compliant.

Receipts Taxed in Company’s Books Can’t Be Reassessed in Individual’s Hands

November 2, 2025 177 Views 0 comment Print

ITO Vs Lalit Raghunathrao Shinde (ITAT Pune) Same Income, Two Hands? Not Allowed – ITAT Pune Quashes Double Taxation on 26AS Mismatch- Receipts Taxed in Company’s Books Can’t Be Reassessed in Individual’s Hands In a second round of litigation, ITAT Pune held that the same income cannot be taxed twice merely because of a mismatch in […]

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