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Archive: 05 November 2025

Posts in 05 November 2025

Advance Tax under Income Tax Act, 1961

November 5, 2025 67653 Views 0 comment Print

Understand key provisions of advance tax under the Income Tax Act — who is liable, due dates, revision of estimates, payment procedure, capital gains treatment, TDS credit, Form 28A requirements, and computation rules.

Exemption to Provident Fund cannot be denied Merely for filing wrong ITR: ITAT Mumbai

November 5, 2025 570 Views 0 comment Print

ITAT found authorities erred by upholding CPC’s denial of exemption solely because assessee filed ITR-7 instead of ITR-5. Ruling emphasizes that denying a just claim over procedural non-compliance causes undue hardship to taxpayer.

Delay of 3621 days in filing of impleadment application condoned as reasonable explanation provided

November 5, 2025 438 Views 0 comment Print

Delhi High Court held that 3621 days of delay in filing of an application for impleadment as legal heir allowed since matter came to the knowledge of legal heir only after the same was listed after nearly thirteen years. Accordingly, since reasonable and bonafide explanation provided, the delay in filing of impleadment application condoned.

FAQs on Statement of Financial Transactions & Reportable Accounts

November 5, 2025 118208 Views 16 comments Print

Know about Statement of Financial Transaction (SFT) or Reportable Account under Section 285BA — entities liable to file, reportable transactions, due dates, penalties, and compliance procedures.

Section 50C Not Applicable to Cash Compensation for Non-Delivery of Flats: ITAT Mumbai

November 5, 2025 1026 Views 0 comment Print

ITAT allowed taxpayer’s appeal, holding AO erred by applying Section 50C to cash compensation received for extinguishment of a right to receive flats instead of an actual transfer of immovable property. The order directs deletion of confirmed LTCG addition of Rs. 80.32 lakhs.

No TDS deductible by co-operative society on interest paid to members before 1st June 2015

November 5, 2025 624 Views 0 comment Print

ITAT Mumbai held that, in terms of section 194A(3)(v) of the Income Tax Act, co-operative society is not liable to deduction TDS on interest paid or credited on deposits to members before 1st June 2015. Accordingly, order set aside and appeal allowed to that extent.

Madras HC Quashes GST Order on Corporate Guarantee for Ignoring CBIC Circulars

November 5, 2025 2862 Views 0 comment Print

The Madras High Court quashed an order levying 1% GST on a corporate guarantee furnished to a related party, ruling that the assessing officer failed to consider two relevant CBIC Circulars. The court remanded the matter back to the State Tax Officer for a fresh determination after considering the petitioner’s defense, which relied on the recipient being eligible for full Input Tax Credit.

Wheel loaders are classifiable as front-end shovel loaders hence covered under CTH 8429 5100

November 5, 2025 285 Views 0 comment Print

CESTAT Chennai held that ‘wheel loaders’ are classifiable as ‘front-end shovel loaders’ and hence are covered under Customs Tariff Heading 8429 5100. However, demand for only normal period is sustained and demand for extended period is set aside.

Section 43B Disallowance for unpaid GST/Service Tax Invalid if not claimed in P&L

November 5, 2025 1218 Views 0 comment Print

ITAT Delhi deleted a ₹45.69 lakh disallowance made by CPC under Section 43B for unpaid GST/Service Tax. Tribunal held disallowance was invalid because assessee had not claimed taxes as an expenditure in Profit and Loss Account.

No Substantial Question of Law in Customs Gold Seizure Case: Orissa HC Dismisses Revenue Appeal

November 5, 2025 411 Views 0 comment Print

Orissa High Court dismissed Commissioner of Customs’ appeal under Section 130 of Customs Act, holding that no substantial question of law arose as Tribunal had rightly found respondent had discharged burden under Section 123 by proving legal ownership of seized gold biscuits.

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