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Archive: 11 November 2025

Posts in 11 November 2025

Insolvency Must Be Project-Specific: NCLAT Delhi Sets Aside NCLT Order in Real Estate CIRP

November 11, 2025 684 Views 0 comment Print

NCLT Delhi held that insolvency of real-estate project is to be held project-specific. Accordingly, order set aside and matter revived before Adjudicating Authority to consider section 7 petition afresh.

Penalty Not Justified for Delayed TDS Deposit When Reasonable Cause Proven: ITAT Delhi

November 11, 2025 765 Views 0 comment Print

ITAT Delhi held that penalty under Section 272A(2)(g) cannot be imposed when TDS delay is due to technical reasons and the assessee has already paid compounding charges and interest.

ITAT Upholds 5% Income Estimation on Accommodation Entry Transactions

November 11, 2025 675 Views 0 comment Print

The tribunal dismissed both assessee and Revenue appeals, confirming that income from accommodation entries can be estimated at 5% of credit entries in the bank. The ruling clarifies that when commissions are claimed on transactions without actual goods delivery, a reasonable percentage can be applied to determine taxable income.

Urban Development Authority Not Government: TDS on EDC Upheld by ITAT

November 11, 2025 1068 Views 0 comment Print

ITAT Delhi upheld that non-deduction of TDS on External Development Charges (EDC) paid to HUDA constitutes default under sections 201(1)/201(1A). Following High Court precedent in Puri Construction, the ruling clarifies that such payments attract TDS under section 194C even without a formal contract.

Is Dubai Still a Tax-Free Haven? What You Need to Know in 2025

November 11, 2025 4698 Views 0 comment Print

Dubai remains income-tax-free, but new corporate, VAT, and excise taxes make it no longer fully tax-free. Learn what expats and businesses need to know in 2025.

Unsecured loan addition deleted since identity, creditworthiness and genuineness proved

November 11, 2025 609 Views 0 comment Print

ITAT Jaipur held that addition towards unsecured loan cannot be sustained since identity of lenders, creditworthiness of parties and genuineness of loan transaction duly proved. Accordingly, CIT(A) order upheld and appeal of revenue dismissed.

No Circular Trading in Diamond & Gold Exports: CESTAT Dismisses Revenue Appeal

November 11, 2025 489 Views 0 comment Print

CESTAT Ahmedabad held that there is no circular trading of cut and polished diamonds and gold jewellery exported. Further, also held that revenue has failed to prove misdeclaration. Accordingly, appeals of revenue dismissed.

PCIT can Review Bogus LTCG Assessment pending before CIT(A) ITAT Delhi

November 11, 2025 759 Views 0 comment Print

ITAT Delhi dismissed the appeal challenging PCIT’s exercise of jurisdiction under Section 263, holding that the Commissioner can revise orders even when the matter is pending before CIT(A). Key takeaway: jurisdiction under Sec. 263 extends to unresolved appeals.

Bogus Purchases Allegation Unexamined- ITAT Orders De Novo Adjudication

November 11, 2025 360 Views 0 comment Print

Tribunal held that the CIT(A) erred by annulling assessment without addressing issue of alleged bogus purchases and directed a denovo adjudication on merits in compliance with Section 250(4) and (6).

AO Must First Establish Legal Representative- Assessment on Deceased Invalid

November 11, 2025 261 Views 0 comment Print

ITAT Delhi set aside the income tax assessment for AY 2020-21 after the proprietor’s death, directing the Assessing Officer to decide afresh on the legal representative’s liability. The ruling emphasizes proper recognition of legal heirs in tax proceedings.

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