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Archive: 25 November 2025

Posts in 25 November 2025

Income Tax Refund Cannot Be Withheld Without Valid Tax Demand: Calcutta HC

November 25, 2025 921 Views 0 comment Print

Calcutta High Court rules that the Income Tax Department cannot retain a refund under Section 245 without an outstanding tax liability, ordering release of Rs.22,73,833/- with interest.

Locker Cash Treated as Unexplained Income Despite Business Claims

November 25, 2025 381 Views 0 comment Print

ITAT partly upheld addition of Rs.27.5 lakh as unexplained cash under sections 69A and 115BBE, granting limited relief of Rs.7.5 lakh for partial savings.

Minor religious expenditures do not negate predominant charitable activities

November 25, 2025 234 Views 0 comment Print

ITAT Pune reverses CIT(E) order, granting 80G approval to a trust, ruling that minor religious expenditures do not negate predominant charitable activities.

Mere Absence of Directors at AO Summons Does Not Invalidate Share Premium: Calcutta HC

November 25, 2025 330 Views 0 comment Print

The Calcutta High Court dismissed the revenue’s appeal against the ITAT, holding that the assessee properly identified shareholders and explained the share premium, making Section 68 inapplicable. The ruling confirms that proper documentation can prevent share capital additions.

Delhi HC Denies Waiver for CHAs accused of facilitating Undervaluation of Imports

November 25, 2025 531 Views 0 comment Print

Delhi High Court refused waiver of pre-deposit for CHAs implicated in misuse of licenses for illegal imports, allowing appeals to be filed before CESTAT.

Addition based on documents found from third party without granting cross-examination is not sustainable

November 25, 2025 1101 Views 0 comment Print

ITAT Jaipur held that addition made on the basis of documents found from the third party without providing any opportunity of cross-examination is liable to be deleted on the ground of violation of principles of natural justice.

Common IP usage and use of fake and fabricated documents duly proved bid rigging

November 25, 2025 339 Views 0 comment Print

NCLAT Delhi held that collusive bidding and bid rigging duly proved on the basis of evidence such as common IP usage; use of fake and fabricated documents. Thus, order of commission holding appellant guilty u/s. 3(3)(c) and 3(3)(d) upheld.

Look-Out Circular quashed as default of loan payable outside India cannot restrict foreign travel

November 25, 2025 414 Views 0 comment Print

Delhi High Court held that simple default of loan payable outside India cannot restrict Indian Citizen to travel abroad since there is no civil or criminal proceedings against petitioner in India. Thus, impugned Look-Out Circular quashed.

Leasehold rights are assets of Corporate Debtor hence includible in liquidation estate

November 25, 2025 567 Views 0 comment Print

NCLAT Delhi held that the leasehold rights with regard to the leased property are the assets of the Corporate Debtor. Accordingly, liquidator has not committed any illegality in including the demised leased land in the Liquidation Estate of the Corporate Debtor. Thus, appeal dismissed.

Concessional Custom Duty Denied on Fire-Damaged Materials, Penalties Cancelled

November 25, 2025 303 Views 0 comment Print

Tribunal ruled that concessional customs duty was unavailable where imported goods were not actually used in manufacturing due to a fire, upholding duty demand while setting aside penalties.

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