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Archive: 16 December 2025

Posts in 16 December 2025

No Further Section 14A Disallowance After Reasoned Suo-Motu Adjustment

December 16, 2025 420 Views 0 comment Print

The ITAT held that where investments are fully backed by substantial own funds and a rational suo-motu disallowance is made, Rule 8D cannot be mechanically invoked. The Revenue’s attempt to make an additional disallowance was rejected.

ITAT Hyderabad quashes final TP assessment as time-barred despite DRP directions

December 16, 2025 489 Views 0 comment Print

The Tribunal held that limitation under Section 153 overrides the DRP timeline under Section 144C. As the assessment was completed beyond the statutory outer limit, it was quashed as invalid.

Delay in Filing Appeals Condoned Despite Massive Additions and Penalty

December 16, 2025 687 Views 0 comment Print

While restoring the appeals, the ITAT directed expeditious disposal and warned against avoidable adjournments. The key takeaway is that condonation is granted to enable justice, not to prolong litigation.

Capital Gains Addition Set Aside for Denial of Fair Opportunity

December 16, 2025 351 Views 0 comment Print

The Tribunal held that an ex-parte capital gains addition could not be sustained where the assessee was denied a meaningful opportunity. Considering comparable treatment in a related case, the matter was remanded for fresh adjudication on merits.

Staggered GST Appeal Filing Withdrawn After Portal Review

December 16, 2025 1413 Views 0 comment Print

GSTAT revoked the staggered filing requirement after reassessing portal capacity. Appeals can now be filed freely without phase-wise restrictions from 18 December 2025.

Rule 10A Not Applicable Due to Absence of Job Work Relationship: CESTAT Mumbai

December 16, 2025 381 Views 0 comment Print

CESTAT held that valuation under Rule 10A fails where the department cannot prove that goods were manufactured as job work, reaffirming that free supply of some inputs alone is insufficient.

Estimated Gross Profit Addition Collapses When Excess Stock Is Not Proved

December 16, 2025 204 Views 0 comment Print

The Tribunal held that a surrender during survey cannot justify additions without supporting material. Statements under Section 133A lack evidentiary value unless backed by records. Additions based solely on surrender were deleted.

Special vs General: Time Limit Conflict between Section 144C(13) and Section 153 of Income Tax Act, 1961

December 16, 2025 1443 Views 0 comment Print

Courts are divided on whether the DRP-specific deadline under Section 144C(13) overrides the general assessment time bar in Section 153.

Compliances For Preferential Allotment of Securities Under Companies Act, 2013 & Rules

December 16, 2025 1047 Views 0 comment Print

This explains the statutory conditions, approvals, and filings required for issuing securities through preferential allotment under the Companies Act, 2013.

Crucial Rule 46A evidence can’t be ignored: ITAT Agra remands section 68 addition

December 16, 2025 273 Views 0 comment Print

The ITAT held that additional evidence filed under Rule 46A cannot be brushed aside without examination. Since the documents were vital to Section 68 requirements, the matter was remanded for fresh adjudication.

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