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Archive: 12 December 2025

Posts in 12 December 2025

Ex-Parte Capital Gains Assessment Set Aside for Land Sale Dispute

December 12, 2025 228 Views 0 comment Print

ITAT Delhi restored the matter to AO, allowing the assessee to submit evidence on share and agricultural status of land to correctly determine capital gains.

ESOP Disallowance Deleted; LTCG on Kodaikanal Land Remanded for Re-Examination

December 12, 2025 402 Views 0 comment Print

ITAT Delhi allowed ESOP expenses of Rs. 54 lakh, emphasizing adherence to accounting principles and SEBI guidelines. Prior judicial precedents guided deletion of the AO’s disallowance.

Section 7 Insolvency Admitted as Default Crosses ₹1 Cr & Debtor Fails to Appear

December 12, 2025 393 Views 0 comment Print

The Tribunal admitted a Section 7 insolvency petition after finding default exceeding ₹1 crore and noting the debtor’s non-appearance. Key takeaway: uncontroverted financial debt and default mandate CIRP admission.

Recovery Beyond 20% of Disputed Income Tax Demand Unlawful: Calcutta HC

December 12, 2025 981 Views 0 comment Print

The Calcutta High Court held that recovering more than 20% of a disputed tax demand from other refunds while an appeal is pending is impermissible. The ruling directs the Income Tax authorities to refund the excess amount.

Supplier’s GST Registration Cancellation Post purchases not Affect Valid ITC Claims

December 12, 2025 14958 Views 1 comment Print

The Court ruled that ITC reversal is unsustainable when the supplier was registered and tax was duly paid. The petitioner’s ITC claim was upheld as legitimate.

Invalid Sanction Kills Reopening: ITAT Says PCIT Cannot Replace JCIT Under Old Section 151(2)

December 12, 2025 519 Views 0 comment Print

The Tribunal emphasized that for notices issued before 01.04.2021, the sanctioning power rested solely with the JCIT, making the PCIT’s approval invalid. Consequently, the ₹82.89 crore disallowance and all further proceedings were set aside.

Delhi HC Rejects ‘Old and Used’ Gold Claim, Directs Passenger to Appeal

December 12, 2025 336 Views 0 comment Print

The judgment clarified the distinction between personal and newly purchased gold, allowing the petitioner to contest confiscation under customs regulations.

Section 11 Exemption Cannot Be Denied for Missing Registration Details in ITR

December 12, 2025 516 Views 0 comment Print

ITAT allowed exemption under Section 11, holding that Revenue cannot deny benefits due to clerical omission of registration details. Key takeaway: procedural mistakes should not override substantive law.

GST Appeal Restored as 10% Recovery Meets Statutory Pre-Deposit Requirement

December 12, 2025 723 Views 0 comment Print

Court allows appeal despite earlier dismissal for non-compliance with statutory pre-deposit, noting recovery of over 10% of disputed tax satisfies the condition. Key takeaway: partial pre-deposit enables merits hearing.

Income tax appeal cannot be rejected solely for non-appearance by CIT(A) Kerala HC

December 12, 2025 495 Views 0 comment Print

The Court ruled that an income tax appeal cannot be rejected solely for non-appearance. The matter was remanded because the appellate authority failed to examine the issues raised under Section 250(6).

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