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Archive: 08 December 2025

Posts in 08 December 2025

Bail Granted in Fake ITC Case as HC Sees No Need for Further Custody

December 8, 2025 837 Views 0 comment Print

The Court held that extended pre-trial detention would infringe the petitioner’s constitutional right to speedy trial. It relied on Supreme Court rulings emphasizing the need to avoid prolonged incarceration in documentary-based cases. Bail was therefore granted on strict terms.

Seized Papers Trump Denial: ITAT Upholds Rs. 60 Lakh Additions in Rs. 110 Cr Search Case

December 8, 2025 315 Views 0 comment Print

The Tribunal ruled that the seized notes clearly connected the assessee to both the loan and property investment, validating jurisdiction under Section 153C. The assessee’s failure to submit any proof led to confirmation of the additions. The case highlights the importance of evidence-based rebuttal in search-related assessments.

Telangana HC Quashed GST Refund Rejection Order for Lack of Reasoned Findings

December 8, 2025 723 Views 0 comment Print

The Court held that the appellate authority set aside a refund without proper scrutiny or reasoning. The matter was remanded for fresh consideration on whether the services constituted export or intermediary services.

Section 69 Addition Fails – RTGS Proof Defeats Excel-Based Cash Allegation

December 8, 2025 762 Views 0 comment Print

The Tribunal held that an addition based solely on a third-party excel sheet, without any direct evidence of cash payment, was unsustainable. With a complete RTGS trail, registered deed, and vendor confirmation proving bank-only payment, the ITAT ordered deletion of the Section 69 addition.

Delhi HC Questions GST Officer’s Contradictory Order on Dropped Demands

December 8, 2025 1014 Views 0 comment Print

The Delhi High Court seeks an explanation for why certain GST demands were dropped despite the officer stating disagreement, highlighting procedural inconsistencies in tax assessment.

Quantum-Pending – Bona Fide Belief Saves Assessee from Section 271B Penalty

December 8, 2025 348 Views 0 comment Print

The Tribunal held that the assessees misunderstanding about the relevance of quantum proceedings justified remanding the 271B penalty order. The AO is directed to consider the assessees factual explanations without unnecessary adjournments.

Reopening Based Only on Change of Opinion Is Not Permissible: ITAT Chennai

December 8, 2025 513 Views 0 comment Print

ITAT Chennai quashed reassessment under Section 147, ruling that reopening based on a change of opinion without new material is invalid.

Section 153 Overrides Section 144C – Time-Barred Order Quashed

December 8, 2025 930 Views 0 comment Print

The Hyderabad tribunal clarified that section 144C provisions are procedural and cannot extend the statutory limitation under section 153. The AO passed the final assessment order after the permissible period, leading to quashing. The ruling strengthens the principle that statutory deadlines are paramount in tax proceedings.

Filing Guide: MGT-7 vs MGT-7A Under Revised Small Company Definition

December 8, 2025 5616 Views 0 comment Print

Filing requirements are based on company status as on 31 March 2025, not the revised definition taking effect later. Companies crossing ₹4 crore capital or ₹40 crore turnover must file MGT-7.

PAS-6 Filing Not Required for Newly Classified Small Companies

December 8, 2025 2322 Views 0 comment Print

Companies falling under revised small company thresholds can choose whether to maintain dematerialization compliance. Non-filing of PAS-6 is legally acceptable.

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