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Archive: 03 December 2025

Posts in 03 December 2025

Banks Can Compute 36(1)(viia) on Total Income Including Capital Gains: ITAT Ahmedabad

December 3, 2025 222 Views 0 comment Print

ITAT Ahmedabad held that banks can claim deductions for provisions for bad debts on total income, including capital gains, rejecting the CIT’s restriction to business income.

Central Excise Exemption Denied: Integrated Manufacturing Process Cannot Be Split Due to Separate Units

December 3, 2025 357 Views 0 comment Print

The Supreme Court held that the without aid of power exemption cannot apply when any essential step, like stentering, uses electricity. Continuous multi-unit processing is treated as a single power-aided manufacture.

Directors’ Cash Deposits Not Taxable in Company Hands: ITAT Deletes ₹10.5 Lakh Addition

December 3, 2025 264 Views 0 comment Print

ITAT held that cash deposits made by directors before investing in share capital cannot be treated as unexplained income of the company. The ruling emphasizes that proper identity, creditworthiness, and genuineness documentation must be evaluated before invoking Section 68.

Delayed Form 10B Filing Not Fatal: ITAT Remands Exemption Case

December 3, 2025 420 Views 0 comment Print

ITAT held that late filing of Form 10B cannot automatically deny exemption when the delay is bona fide and curable. The matter was remanded for fresh examination after recognising that Form 10B is a procedural requirement.

Section 271(1)(c) Penalty Invalid Due to Ambiguous Satisfaction Recorded by AO

December 3, 2025 402 Views 0 comment Print

ITAT held that a penalty under Section 271(1)(c) is invalid when concealment and inaccurate particulars are invoked together without specifying the exact charge. The ruling reinforces that penalty notices must be unambiguous and legally precise.

No Inquiry, No Jurisdiction: PCIT Revision Under Section 263 Invalid

December 3, 2025 246 Views 0 comment Print

ITAT held that Section 263 requires the PCIT to conduct independent inquiry before declaring an order erroneous. Since the PCIT relied only on assumptions of inadequate inquiry, the revision was invalid.

Bogus Purchases: Only 2% Profit Taxable Due to Accepted Sale

December 3, 2025 399 Views 0 comment Print

The Tribunal held that although transportation proof was lacking and the supplier was unverifiable, accepted sales established that trading had occurred. It ruled that only the profit element of 2% could be added, and the addition could not be taxed under section 115BBE.

Addition Set Aside Because Crypto Trades Cannot Be Assumed Without Bank Evidence

December 3, 2025 342 Views 0 comment Print

The Tribunal ruled that unexplained investment cannot be added without confronting the assessee with the Koinex transaction data relied upon by the AO. Matter remanded for fresh verification.

Revision Barred After VSV Settlement: ITAT Rules Section 263 Cannot Reopen Concluded Disputes

December 3, 2025 327 Views 0 comment Print

Holds that once a tax dispute is settled under the Vivad Se Vishwas Act, Section 263 revision cannot be invoked. Confirms that VSV grants finality and bars reopening of settled issues.

Land Acquisition Act Section 28 Interest is Not ‘Interest’: Tribunal Deletes Entire Addition as Capital Receipt

December 3, 2025 702 Views 0 comment Print

Tribunal holds that Section 28 interest forms part of compensation for compulsory acquisition and cannot be taxed as income from other sources. Confirms exemption under Section 10(37).

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