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Archive: 04 December 2025

Posts in 04 December 2025

PUFE Transactions under IBC: Triggers and Judicial Trends

December 4, 2025 528 Views 0 comment Print

Breaks down preferential, undervalued, fraudulent, and extortionate transactions and the remedies available. Key takeaway: PUFE is essential for restoring value and protecting creditors.

9 Years of IBC: What Worked, What Failed & What Needs Overhaul in 2025

December 4, 2025 387 Views 0 comment Print

Summarizes the major successes and persistent bottlenecks in India’s insolvency regime. Key takeaway: significant gains require targeted reforms in adjudication speed and digital infrastructure.

Hidden Traps in Claiming Business Expenses: A Practical Guide to Section 37(1)

December 4, 2025 897 Views 0 comment Print

Explains how Section 37(1) restricts deductions to expenses exclusively for business and highlights gray-area items like home office use, meals, vehicles, and cash payments. Key takeaway: only well-documented, business-purpose expenses survive scrutiny.

Section 11 Exemption Cannot Be Denied for Late Form 10B – Delay Held Procedural

December 4, 2025 240 Views 0 comment Print

ITAT Kolkata ruled that belated filing of Form 10B is only a technical defect and cannot justify denial of charitable exemption. The Tribunal restored Section 11 benefits after confirming compliance in substance.

HC Upholds GST Registration Cancellation for Fake Rent Documents & Non-Existent Business

December 4, 2025 381 Views 0 comment Print

The Court upheld cancellation after officials found forged rental agreements and no business activity at the declared premises. The ruling confirms that GST registration obtained through fraudulent documents cannot be sustained.

GST Appeal Cannot Be Dismissed Without Addressing Grounds of Appeal

December 4, 2025 594 Views 0 comment Print

The Court ruled that an unreasoned appellate order violates Section 107(12). It held that authorities must provide clear findings and reasoning when deciding GST appeals.

No Hearing, No Justice: ITAT Remands 143(3) Appeal for Fresh Disposal

December 4, 2025 579 Views 0 comment Print

ITAT held that the appellate order passed without hearing the assessee violated natural justice. The case was remanded with directions to provide proper opportunities.

Deposit Condition Removed Because Additions Already Decided in Assessee’s Favour

December 4, 2025 228 Views 0 comment Print

Court held that directing a ₹5-crore deposit was unwarranted since the disputed issues had been consistently decided in favour of the assessee. The order was set aside.

Customs Demand Set Aside Because Electronic Evidence Lacked Mandatory Certificate

December 4, 2025 282 Views 0 comment Print

The Tribunal ruled that electronic records used to allege undervaluation were inadmissible due to non-compliance with Section 138C. As the main evidence failed, duty demand and penalties were quashed.

Confiscation Set Aside Because Import Became Permissible Under Later DGFT Notification

December 4, 2025 225 Views 0 comment Print

The Tribunal held that Notification 32/2006 allowed the goods to be imported despite earlier restrictions. Confiscation and penalties were quashed as the imports were not restricted goods.

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