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Archive: 08 December 2025

Posts in 08 December 2025

Provisional GST Attachment Sustained After Misrepresentation of Notice Receipt Date

December 8, 2025 279 Views 0 comment Print

The Court held that the Petitioner misrepresented the date of receiving the provisional attachment notice. Bank accounts cannot be freely operated, subject to a minimum balance of ₹1 crore.

Dematerialisation Rules Eased for Newly Classified Small Companies

December 8, 2025 1197 Views 2 comments Print

After the revised Small Company definition takes effect, private companies that fall under the new limits are no longer bound by Rule 9B. Their ISIN becomes optional, and PAS-6 filing is not required.

Reassessment Notice for AY 2017-18 Invalid Due to Time-Bar Under Section 149

December 8, 2025 1032 Views 0 comment Print

The Telangana High Court held that a Section 148 notice issued for AY 2017-18 was invalid and barred by the six-year limitation under the first proviso to Section 149. Reopening assessments beyond the prescribed period is impermissible.

Addition Upheld for Books Rejection but Arbitrary Net profit Estimation Deleted

December 8, 2025 372 Views 0 comment Print

The Tribunal upheld the rejection of unreliable books but ruled that the AO could not estimate net profit at 12% without justification, vacating ₹65.08 lakh addition.

GSTR 9 and 9C – A Superfluous Compliances

December 8, 2025 1527 Views 1 comment Print

Explore why annual GST returns and reconciliation statements may not deliver practical value despite being mandatory, and how taxpayers are impacted.

Hostels and Paying Guest Facility – Whether or Not Liable Under GST

December 8, 2025 4815 Views 0 comment Print

Exemption under Entry 13 applies when rented properties are used as residences, irrespective of sub-leasing. The ruling ensures that GST is not unfairly levied on hostel and student accommodations.

Gujarat HC Quashes Time-Barred Section 148 Notice Post-TOLA

December 8, 2025 333 Views 0 comment Print

The Gujarat High Court held a notice issued under section 148 of the Income Tax Act invalid as it was issued beyond the permissible “surviving time” defined by the Supreme Court.

Rule 46A Violated: Rs. 20 Cr Loan Additions Sent Back for Inquiry

December 8, 2025 192 Views 0 comment Print

ITAT restored Rs. 20 Cr in unsecured loans, interest, and squared-up loans for fresh verification, noting CIT(A) erred by deleting additions at the stroke of a pen. Large new loans and substantial repayments required independent checks on purpose and creditworthiness. The ruling reinforces that appellate deletion without inquiry violates Rule 46A and legal principles under sections 68 and 69.

GST Notice Issued to Deceased Person Quashed by Delhi HC

December 8, 2025 267 Views 0 comment Print

The Delhi High Court ruled that a GST Show Cause Notice issued after the death of the proprietor is void ab initio, quashing both the notice and the resulting order. Recovery may proceed against the deceased’s estate.

ITAT Dismisses Revenue Appeal on 110 Cr Current Liabilities Dispute

December 8, 2025 306 Views 0 comment Print

Rs. 99.86 Cr out of Rs. 110 Cr added as current liabilities was deleted by CIT(A) and upheld by ITAT. Verification of ledgers, statutory dues, and party confirmations showed actual liability reduction during the year. This highlights the role of detailed evidence in defending balance sheet claims.

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