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Archive: 05 December 2025

Posts in 05 December 2025

Prospective Resolution Applicant doesn’t have vested right to challenge approved resolution plan

December 5, 2025 654 Views 0 comment Print

NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challenge a resolution process or an approved resolution plan. Accordingly, appeal is dismissed.

Finance Broker Taxed Only on Brokerage as No Evidence of Income Found

December 5, 2025 375 Views 0 comment Print

CIT(A)’s order upheld; assessee acted as a middleman, and no evidence supported AO’s mechanical addition. Only Rs.15.42 lakh as brokerage recognized.

Extension of 60 days granted for execution of Scheme of Arrangement

December 5, 2025 240 Views 0 comment Print

NCLAT Chennai grants extended period of 60 days to make full and final payment for execution of Scheme of Arrangement. Accordingly, order is quashed and extension of 60 days is allowed.

Discretionary remedy in fraudulent claim of GST Input Tax Credit not granted

December 5, 2025 306 Views 0 comment Print

Rajasthan High Court held that discretionary remedy claimed by the petitioner not granted as it is a case which involves fraudulent availment of GST Input Tax Credit exceeding Rs. 100 Crore. Accordingly, writ petition dismissed.

Section 68 Addition Quashed for Violating Principles of Natural Justice

December 5, 2025 249 Views 0 comment Print

The Tribunal held that the loan could not be treated as unexplained when the assessee had furnished complete documentary evidence. The authorities failed to conduct further inquiry or rebut the lender’s confirmation. The ruling emphasizes that additions under Section 68 cannot be made solely on suspicion.

SEBI Orders ₹546 Crore Disgorgement From Avadhut Sathe Trading Academy

December 5, 2025 2097 Views 0 comment Print

SEBI has issued an ex-parte interim order against Avadhut Sathe Trading Academy Pvt Ltd, directing disgorgement of ₹546.16 crore for alleged unregistered advisory activities. The order names Avadhut Sathe, Gouri Sathe, and ASTAPL, citing ₹601 crore collected from 3.37 lakh clients. Here is a complete analysis of SEBI’s findings, timelines, and implications.

Unexplained Cash Credit Addition Deleted Due to Complete Loan Evidence

December 5, 2025 210 Views 0 comment Print

The ITAT ruled that unexplained cash credit cannot be added under Section 68 when the assessee furnishes full documentation, setting aside the addition of ₹15 lakh and related interest disallowance.

Format Matters: ITAT Says Invalid 143(2) Notice Vitiates Whole Proceedings

December 5, 2025 393 Views 0 comment Print

The Tribunal found that the notice did not indicate whether scrutiny was limited or complete, contrary to CBDT directives. This omission made the notice invalid and rendered the assessment unsustainable. The decision reinforces the necessity of clarity and compliance in scrutiny notices.

ITAT Rules No TDS Default, No Disallowance on Expenses- Presumption Isn’t Proof

December 5, 2025 225 Views 0 comment Print

ITAT Kolkata ruled that expenses cannot be disallowed under Section 40(a)(ia) based on assumptions if TDS is duly deducted and documented, setting aside additions exceeding ₹5 crore.

Uncorroborated 132(4) Statement Can’t Tax a Genuine Donation

December 5, 2025 231 Views 0 comment Print

ITAT Mumbai held that donations to registered trusts cannot be taxed under Section 69C solely based on third-party statements without supporting evidence.

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