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Archive: 10 November 2025

Posts in 10 November 2025

Order not providing reasons on functionality of comparable for transfer pricing adjustment cannot sustain

November 10, 2025 549 Views 0 comment Print

Delhi High Court held that order is liable to be set aside and matter remanded to ITAT since ITAT failed to provide appropriate reasoning with regard to functionality of comparable while undertaking transfer pricing adjustment.

Disallowance u/s. 14A while computing book profit u/s. 115JB is not tenable

November 10, 2025 519 Views 0 comment Print

ITAT Ahmedabad held that addition on account of section 14A of the Income Tax Act while computing books profit under section 115JB of the Income Tax Act is not justifiable. Accordingly, addition u/s. 14A deleted and appeal of assessee allowed.

Amount already disclosed before Settlement Commission cannot be added against u/s. 68

November 10, 2025 621 Views 0 comment Print

Delhi High Court held that addition of unsecured loans under section 68 of the Income Tax Act rightly deleted since the said amount is already disclosed before Income Tax Settlement Commission. Accordingly, appeal of revenue dismissed.

Tax audit not required as turnover didn’t exceed prescribed limit: business loss allowed

November 10, 2025 786 Views 0 comment Print

ITAT Jaipur held that denial to allow the business loss stating the requirement of books of accounts to be audited is not justifiable since turnover during relevant period didn’t exceed the prescribed limit for getting books of accounts audited.

CPC Exceeded Jurisdiction in Disallowing 80P Deduction for AY 2019–20: ITAT Hyderabad

November 10, 2025 756 Views 0 comment Print

ITAT Hyderabad condoned a 290-day delay in filing an appeal, accepting that the order was sent to an old email address and the officer’s illness caused genuine hardship.

ITAT Delhi Partly Deletes Demonetisation Cash Deposit Addition for Lack of Proper Inquiry

November 10, 2025 4497 Views 0 comment Print

The Tribunal reduced unexplained cash deposit addition from Rs.11.59 lakh to Rs.2.59 lakh, noting both the taxpayer and the department failed to fully substantiate their claims during the demonetization scrutiny.

Ultra Vires And Indoor Management In The Era of The Companies Act, 2013: Doctrines In Decline?

November 10, 2025 3045 Views 0 comment Print

Explore how ultra vires and indoor management doctrines evolved under the Companies Act 2013, balancing corporate flexibility with accountability.

Settlement of Foreign Civil Litigation & Section 37(1) Disallowance: A Doctrinal Analysis

November 10, 2025 948 Views 0 comment Print

ITAT Ahmedabad held settlement payments in foreign civil cases are deductible under Section 37(1) as compensatory, not penal, and Explanation 3 is not retrospective.

No Legal Restriction on Inter-State Transfer of CGST/ IGST ITC on Merger of companies 

November 10, 2025 2814 Views 0 comment Print

Kerala AAR rules no legal bar on inter-state CGST/IGST credit transfer during company mergers, terming GST portal restrictions as technical.

TR-6 Challan used for Payment of IGST on Imports, disputed for availing ITC

November 10, 2025 2004 Views 0 comment Print

Tamil Nadu AAAR rules TR-6 challan not a valid document for availing ITC on import IGST; only Bill of Entry qualifies under GST provisions.

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