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Archive: 13 December 2025

Posts in 13 December 2025

Cess Refund Cannot Be Denied Merely Because Exports Were Made on Payment of IGST: SC

December 13, 2025 411 Views 0 comment Print

The court held that refund of Compensation Cess ITC is permissible on exports made with IGST payment because statutory provisions prevail over conflicting circulars. The ruling clarifies that unutilized Cess credit on inputs used for exports must be refunded.

Gross Profit Addition Deleted Because Tag Price Is Not Actual Sale Price

December 13, 2025 147 Views 0 comment Print

The ITAT held that jewellery tag prices in internal software cannot be equated with realised sales, deleting GP additions made without evidence of suppression.

Ex-Parte Section 69A Addition Set Aside for Lack of Verification of Agency Role

December 13, 2025 294 Views 0 comment Print

ITAT held that entire cash deposits of a business correspondent cannot be treated as unexplained income without verification. The AO must examine whether deposits were bank collections or the assessee’s own money.

Addition Based on Form 26AS Set Aside Due to Need for Verification of Actual Receipts

December 13, 2025 249 Views 0 comment Print

Tribunal held that income cannot be added merely because it appears in Form 26AS and remanded matter to verify whether assessee actually received amounts corresponding to TDS credits.

Assessment Quashed Due to Violation of Section 144C Draft Order Requirement

December 13, 2025 156 Views 0 comment Print

The ITAT invalidated an assessment for AY 2008-09 after the AO failed to issue a mandatory draft order under section 144C during remand proceedings, highlighting procedural compliance in transfer pricing cases.

Settlement applications upheld as SC declines interference despite eligibility dispute

December 13, 2025 234 Views 0 comment Print

Supreme Court refused to interfere with the High Court ruling that treated settlement applications filed before 31.03.2021 as valid, while keeping the legal question open

Section 68 Addition Fails When Based Only on Retracted Third-Party Statements

December 13, 2025 168 Views 0 comment Print

The ITAT ruled that an addition under section 68 cannot be sustained solely on a retracted statement of a third party, deleting ₹81 lakh share capital added to income.

Secured Asset Attached Because PMLA Overrides SARFAESI Protections

December 13, 2025 252 Views 0 comment Print

The Tribunal ruled that a car financed partly through unexplained cash could be attached under PMLA, even though a bank held a secured interest, reinforcing that tainted funds justify attachment.

No Upward Promotion After Compassionate Appointment: SC Overturns High Court

December 13, 2025 498 Views 0 comment Print

Supreme Court ruled that compassionate appointments are concessions, not rights. Once a dependent accepts a post, claims for higher posts are barred to prevent endless compassion.

Debt arising from advance to corporate debtor for supply of goods qualifies as operational debt

December 13, 2025 270 Views 0 comment Print

NCLAT Delhi held that debt arising from advance payment to corporate debtor for the supply of goods qualifies as operational debt under section 5(21) of the Insolvency and Bankruptcy Code, [IBC]. Accordingly, operational debt and default established hence section 9 application rightly admitted.

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