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Archive: 08 December 2025

Posts in 08 December 2025

No Evidence, No Relief: 2247-Day Late Appeal Dismissed by ITAT

December 8, 2025 177 Views 0 comment Print

The Tribunal held that even extraordinary circumstances like COVID-19 do not justify appeals filed after limitation expiry. The assessee’s appeal was dismissed due to failure to provide cogent reasons or affidavits supporting the delay.

Temporary Factory Letting Doesn’t End Business: ITAT Holds User Charges as Business Income

December 8, 2025 108 Views 0 comment Print

ITAT Pune ruled that income from temporarily letting sugar factory assets is business income, not Income from Other Sources, allowing set-off of brought-forward losses.

Ex-Parte GST Order Quashed as SCN was uploaded to ‘Additional Notices Tab’

December 8, 2025 540 Views 0 comment Print

An ex-parte GST order was quashed as the SCN and reminders were not effectively communicated to the petitioner. The Delhi High Court remanded the matter for fresh consideration, requiring personal hearing and submission of replies. This decision reinforces procedural safeguards for taxpayers under the GST regime.

Reassessment Proceedings Set Aside for Ignoring CIRP Moratorium and Clean-Slate Principle

December 8, 2025 474 Views 0 comment Print

The Court ruled that reassessment for a pre-CIRP period cannot continue when no claim was filed during CIRP and the approved resolution plan extinguished past dues. It held that post-approval tax demands are invalid.

ITAT Deletes Rs. 63L Deemed ALV Addition: Real Rent Only Counts

December 8, 2025 258 Views 0 comment Print

Delhi ITAT held that adding hypothetical interest on security deposits to compute ALV is impermissible. The decision reverses lower authorities, confirming that only real contractual rent counts as income under section 23(1).

High Court Dismisses Revenue Appeal: No Reassessment Without Incriminating Evidence

December 8, 2025 285 Views 0 comment Print

Delhi High Court held that completed assessments cannot be disturbed without any incriminating material found during search. The Court dismissed Revenue’s appeal, reaffirming that additions under section 153A require evidence of undisclosed income or assets.

GST Order Quashed by as Karnataka HC as Notices Landed in Junk Folder

December 8, 2025 306 Views 0 comment Print

The Karnataka High Court set aside a GST demand order after notices were sent to the petitioner’s email Junk Folder, preventing awareness and response. The matter is remitted for fresh adjudication, ensuring the petitioner can submit replies and be heard.

Section 54 Exemption Allowed Despite Property Purchased in Spouse’s Name

December 8, 2025 14316 Views 0 comment Print

The Tribunal held that section 54 relief cannot be denied merely because the new property was purchased in the spouse’s name. It ruled that actual investment of capital gains is the key requirement.

No PE Without Physical Presence: Court Rejects Virtual Tax Nexus Under DTAA

December 8, 2025 522 Views 0 comment Print

The Court ruled that services rendered remotely cannot create a PE because the treaty requires services furnished within India through employees. virtual presence cannot substitute physical presence without treaty amendment.

Nominee Not Absolute Owner: SC Divides GPF 50% Each Between Wife & Mother

December 8, 2025 1941 Views 0 comment Print

The Supreme Court rejected the High Courts view that nomination alone guarantees absolute entitlement. It emphasized that beneficiaries must follow succession law, splitting the GPF 50% each between eligible family members.

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