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Archive: 08 December 2025

Posts in 08 December 2025

Domestic Royalty Split Not Permissible: Entire TP Adjustment Deleted

December 8, 2025 351 Views 0 comment Print

The ITAT Pune held that splitting royalties for domestic vs export sales was impermissible, deleting the entire transfer pricing adjustment. The ruling reinforces that TNMM aggregation for manufacturing includes royalties as a single element.

EU Business Advocacy Qualifies as Charity: ITAT Delhi Upholds 12A

December 8, 2025 180 Views 0 comment Print

ITAT Delhi ruled that policy advocacy for EU businesses in India is charitable, as it has no profit motive and benefits the public. CIT(E)’s denial was set aside, and 12A registration restored.

Assessment Remanded Because Section 12A Registration & Condonation Issues Were Still Pending

December 8, 2025 189 Views 0 comment Print

ITAT restored the matter to the Assessing Officer since the assessee’s application for delayed 12A registration and condonation under Section 119(2)(b) was still undecided. The ruling underscores that exemption eligibility must be re-examined only after the competent authority disposes of the registration request.

When JDA Agreement Is Executed, Registered Later, & Eventually Cancelled — AO Must Re-examine

December 8, 2025 390 Views 0 comment Print

ITAT clarifies that capital gains arise on the date of JDA execution, not registration, and allows reassessment if the agreement is cancelled before possession transfer.

Kolkata ITAT Quashes ₹20.11 Cr Additions: Loans, Purchases, Share Sales & 40A(3) All Collapse

December 8, 2025 342 Views 0 comment Print

ITAT Kolkata upheld deletion of ₹8.70 crore addition under Section 68, ruling that proper evidence and confirmations by loan creditors absolved the assessee. Arbitrary AO findings cannot justify tax.

Critical Updates for GSTR 9/9C (FY 2024-25): What You Need to Know

December 8, 2025 1920 Views 0 comment Print

GSTN clarifies that supplies added or amended via GSTR-1A will auto-populate Tables 4 and 5 in GSTR 9, ensuring annual returns reflect the most updated liability data.

GST Demand Set Aside as Authorities Cannot Bypass IBC Mechanism After Liquidation Sale

December 8, 2025 381 Views 0 comment Print

The Court held that a GST demand for a pre-liquidation period could not be enforced after the corporate debtor was sold as a going concern with NCLT confirmation. It ruled that all past dues stood extinguished and the tax proceeding was invalid.

SC Rejected Appeal as Findings on Section 10(38) exemption Were Purely Factual

December 8, 2025 408 Views 0 comment Print

The Court confirmed that statements recorded during a survey cannot form the basis for tax additions if the assessee is not allowed to challenge them.

Appeal Dismissed as Assessment Ignored Evidence of Genuine Share Transactions

December 8, 2025 207 Views 0 comment Print

Court noted that documented share purchases, demat holdings, and stock-exchange sales were not properly evaluated by the AO. The ITAT’s factual findings were upheld.

Section 138 Penalty Imposed for Non-Appointment of Internal Auditor

December 8, 2025 918 Views 0 comment Print

A company and its officer were penalized under Section 138 for failing to appoint an internal auditor for FY 2022-23 and 2023-24, with corrective measures and penalties mandated.

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