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Archive: 15 November 2025

Posts in 15 November 2025

Addition Deleted for Lack of Benchmarking: ITAT Rejects Arbitrary TP Adjustments

November 15, 2025 774 Views 0 comment Print

 The Tribunal held that TP additions for guarantee fee and interest were unsustainable because the TPO applied no prescribed method. Key takeaway: ALP must be determined using recognized methodologies, not ad-hoc markups.

Chandigarh ITAT Quashes Reopening as Notice u/s 148 Issued by JAO Instead of FAO

November 15, 2025 537 Views 0 comment Print

ITAT Chandigarh held that a Section 148 notice issued by the Jurisdictional AO instead of Faceless AO violated statutory provisions, quashing the assessment for AY 2018-19.

Appeal Dismissed Without Merits: ITAT Remands Case for Fresh Assessment

November 15, 2025 876 Views 0 comment Print

The Tribunal held that the CIT(A) cannot dismiss an appeal for non-prosecution and must decide on merits. Key takeaway: cases dismissed mechanically must be re-examined by the Assessing Officer.

Tax Penalty Cancelled After Tribunal Accepts Declared Income

November 15, 2025 402 Views 0 comment Print

ITAT Chandigarh quashed a Rs.16.24 lakh penalty under Section 271(1)(c) as the fresh assessment accepted the returned income, confirming penalties require concealment or inaccurate particulars.

CBIC to form uniform policy permitting or prohibiting import of products declared as body massagers

November 15, 2025 1569 Views 0 comment Print

Delhi High Court held that CBIC should conduct inter-ministerial consultation in re respect of the uniform policy permitting or prohibiting import of products declared as ‘body massagers’ or sex toys.

Entire TDS credit on maturity of bond allowed as interest income offered to tax on accrual basis

November 15, 2025 876 Views 0 comment Print

ITAT Agra held that entire TDS deducted on maturity of bond is allowable since assessee has already offered interest income on accrual basis. Accordingly, appeal of the assessee is allowed and TDS credit granted.

Twaron Para Aramid Pulp is classifiable under Customs Tariff Item 5601 30 00

November 15, 2025 369 Views 0 comment Print

CESTAT Delhi held that ‘Twaron Para Aramid Pulp’ is classifiable under Customs Tariff Item 5601 30 00 and not under Customs Tariff Item 5601 22 00. Accordingly, differential duty along with interest confirmed.

Cancellation of registration u/s. 12AA without satisfying conditions u/s. 12AB(4)(ii) not justifiable

November 15, 2025 1038 Views 0 comment Print

ITAT Hyderabad held that cancellation of registration granted to appellant-society u/s. 12AA of the Income Tax Act not justifiable since conditions precedent for cancellation of registration u/s. 12AB(4)(ii) of the Income Tax Act not satisfied.

Development charges paid to SIPCOT allowed as revenue expense by deduction 5% every year

November 15, 2025 705 Views 0 comment Print

Madras High Court held that development charges paid to SIPCOT not being capital asset doesn’t qualify for the claim of depreciation. However, the same qualifies as revenue expense and assessee entitled to claim deduction @5% as SIPCOT would deduct 5% every year.

Direction to CBI, ED and SFIO to investigate in Westland franchisee scam dismissed

November 15, 2025 510 Views 0 comment Print

Delhi High Court held that writ seeking direction to Central Bureau of Investigation [CBI]; Enforcement Directorate [ED] and Serious Fraud Investigation Office [SFIO] to investigate in gigantic Westland Trade Pvt. Ltd. franchisee scam is dismissed.

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