Follow Us:

Archive: 04 November 2025

Posts in 04 November 2025

Late Claim Withdrawal or Fresh Claims via Time-Barred Revised Return not allowed: SC

November 4, 2025 1485 Views 0 comment Print

Supreme Court rulings in Wipro and Shriram Investments mandate strict adherence to return filing deadlines: fresh claims/withdrawals of exemptions (like Sec 10B) via revised returns filed after the original due date are invalid. Appellate authorities retain power to admit new claims.

Rights Entitlements Exempt Under India-Ireland DTAA: ITAT Mumbai

November 4, 2025 711 Views 0 comment Print

ITAT Mumbai ruled that gains from rights entitlement transfers are exempt under Article 13(6) of the India-Ireland DTAA because they are distinct from shares, not covered by Article 13(5). The Tribunal also affirmed that short-term capital losses from STT-paid shares can be set off against short-term capital gains from non-STT-paid shares.

DDIT(Inv.) Lacked Jurisdiction Beyond ₹5 Lakh Limit – Only Regular AO Can Levy Higher Penalty under BMA

November 4, 2025 1734 Views 0 comment Print

ITAT Mumbai quashed a Rs.10 lakh penalty under Black Money Act, ruling that DDIT(Inv.) lacked necessary pecuniary jurisdiction to impose penalties exceeding ₹5 lakh. Decision strictly enforces CBDT guidelines, which reserve penalty proceedings requiring JCIT approval for regular Assessing Officer, deeming DDIT(Inv.) order as being without jurisdiction.

Search Assessments Must Rely on Seized Material, Not Fishing Expeditions – Additions Quashed

November 4, 2025 474 Views 0 comment Print

ITAT Chennai deleted additions made in search assessments (u/s 153A), ruling that Income Tax Department cannot make additions without specific, incriminating material seized during search. Following Supreme Courts ruling in Abhisar Buildwell, Tribunal held that search assessments are not fishing expeditions and must be strictly limited to evidence found post-search.

ITAT Delhi Quashes ₹20.33 Cr Penalty for Invalid Omnibus 271(1)(c) Notice

November 4, 2025 567 Views 0 comment Print

ITAT Delhi deleted a Rs.20.33 crore penalty under Section 271(1)(c), ruling that penalty notice was invalid because it failed to specify exact charge: concealment of income or furnishing inaccurate particulars. Ruling reinforces that an ambiguous, omnibus notice is a jurisdictional defect that vitiates penalty, even if assessment order records satisfaction.

ITAT Allows Withdrawal of Appeals as CIT(A) Relief Goes Unchallenged in BMA Cases

November 4, 2025 807 Views 0 comment Print

The ITAT Mumbai dismissed appeals under the Black Money Act as withdrawn after the assessee received full relief from the CIT(A), who deleted the additions on the merits of beneficial ownership. Since the Department did not challenge the relief, the assessee chose not to pursue the technical and jurisdictional grounds before the Tribunal.

SEBI Clarifies Insider Trading Rules on ESOP Pledge Release

November 4, 2025 1431 Views 0 comment Print

SEBI clarified that pledging/revoking a pledge is a ‘trade’ under PIT Regulations. Revocation and subsequent sale of ESOS shares to repay a loan are not contra trades if bonafide.

IBBI Mandates IP Undertaking for PMLA Asset Restitution

November 4, 2025 861 Views 0 comment Print

IBBI advises IPs to seek restitution of ED-attached assets under PMLA, requiring a standard undertaking for Special Courts, ensuring asset usage controls and ED cooperation.

7 Important Points to be keet in mind before filing October 2025 GST Return!

November 4, 2025 8718 Views 0 comment Print

October 2025’s GST return is the final window for crucial adjustments for FY 2024-25, including claiming pending ITC, reconciling GSTR-2B, issuing credit notes, and making classification amendments.

CBIC Amends ECTS Rules for Nepal Cargo Transhipment

November 4, 2025 1737 Views 0 comment Print

CBIC Notification 73/2025 amends ECTS Regulations, formalizing specific rail and multi-modal routes from Kolkata, Haldia, and Vizag ports for Nepal-bound cargo.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031