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Archive: 18 November 2025

Posts in 18 November 2025

Penalty Quashed as AO Failed to Record Satisfaction Under Section 270A

November 18, 2025 375 Views 0 comment Print

The Tribunal held that penalty cannot be levied without specifying whether the case involved under-reporting or misreporting of income. The AO issued a 200% penalty without identifying the statutory limb or giving reasons. Since the order lacked satisfaction and reasoning, the penalty was quashed.

Revision u/s 263 Quashed: No Specific Error Identified by PCIT

November 18, 2025 303 Views 0 comment Print

ITAT held that section 263 cannot be invoked unless the PCIT pinpoints an actual error in the AO’s order; since no specific mistake was shown, the revision was invalid.

Addition Partly Deleted as Section 69A Cannot Apply to Mere Documents Found in Search

November 18, 2025 333 Views 0 comment Print

The Tribunal held that section 69A requires unexplained money or valuables to be found; since only documents showing commission were seized, invoking section 69A was invalid. Only 20% of gross commission was allowed as taxable income.

IBBI Tightens Section 29A Due Diligence Requirements in CIRP

November 18, 2025 462 Views 0 comment Print

The circular mandates stronger verification of applicant eligibility under Section 29A and requires RPs to present detailed compliance notes to the CoC. The key takeaway is enhanced scrutiny to ensure transparent and challenge-free resolution processes.

NFAC deletion of ₹52.68 Cr addition u/s 50CA on start-up share transfer upheld by Tribunal

November 18, 2025 507 Views 0 comment Print

The Tribunal upheld that the assessee could adopt NAV for one sale and DCF for another, as both are recognized under Rule 11UA. Since the AO failed to show any defect in the valuation reports, the substituted FMV was held invalid. The deletion of the section 50CA addition was confirmed.

Contractual Late Delivery Charges Not Penalty, Reopening Without New Material invalid

November 18, 2025 195 Views 0 comment Print

The Tribunal held that reassessment was invalid since the original scrutiny had already examined the issue and no fresh information indicating suppression or omission was found. Reopening based solely on a change of opinion was rejected. The ruling reinforces that section 147 requires tangible new material.

SEBI (Alternative Investment Funds) (Third Amendment) Regulations, 2025

November 18, 2025 1815 Views 0 comment Print

SEBI introduces a dedicated Accredited Investors only fund category and relaxes multiple obligations for such funds. The amendments simplify compliance and offer conversion options for existing AIFs.

SEBI (Listing Obligations and Disclosure Requirements) (Fifth Amendment) Regulations, 2025

November 18, 2025 6918 Views 0 comment Print

The amendment introduces Schedule XII, replacing earlier monetary limits with turnover-linked thresholds for material related party transactions. It strengthens audit committee oversight and standardises approval requirements across listed entities.

Revision Upheld for Failure to Examine Capital Gains on Urban Land Sale

November 18, 2025 153 Views 0 comment Print

The Tribunal held that the AO’s omission to verify whether the land sold fell within municipal limits made the assessment erroneous and prejudicial to the revenue, justifying Section 263 revision.

Cash Deposits During Demonetisation Accepted as Genuine; Addition Deleted

November 18, 2025 258 Views 0 comment Print

The Tribunal held that cash deposits could not be treated as unexplained when the AO had already accepted the related cash sales as part of audited turnover. Since stocks, sales, VAT records, and cash books were undisputed, the addition amounted to double taxation. The entire addition was deleted.

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