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Archive: 17 December 2025

Posts in 17 December 2025

Control the Oars, Not the Wind: The case for Tactical Asset Allocation

December 17, 2025 1968 Views 0 comment Print

The article explains how fear-driven cash hoarding and overconfidence in equities can undermine long-term investment goals, advocating balanced, adaptive strategies.

Cash Deposit Addition Deleted as Bank Withdrawals Explained Deposit Source: ITAT Kolkata

December 17, 2025 471 Views 0 comment Print

The Tribunal deleted an addition under Section 69A after holding that cash deposits were explained through prior bank withdrawals. The ruling affirms that redeposit of own withdrawn cash cannot be treated as unexplained.

Section 10A Deduction Allowed as New STP Unit Not Formed by Splitting Up: Bombay HC

December 17, 2025 243 Views 0 comment Print

HC upheld Section 10A deduction after finding that STP unit was a new undertaking with fresh investment and infrastructure. It ruled that unit was not formed by splitting up or reconstruction of an existing business.

Allahabad HC Quashed GST Demand for Ignoring Reply & DRC-03 Payment

December 17, 2025 546 Views 0 comment Print

The High Court set aside a GST demand after finding that the adjudicating authority failed to consider the taxpayer’s reply and the payment already made through DRC-03. The ruling reiterates that material submissions must be examined before confirming tax and penalty.

Calcutta HC Quashed GST Adjudication as Notices Uploaded in Wrong Portal Tab

December 17, 2025 378 Views 0 comment Print

The High Court quashed a GST adjudication order after finding that notices were uploaded only under the “Additional Notices” tab, denying proper service and hearing. The case reinforces procedural safeguards under GST law.

Face Recognition System are clearly Automatic Data Processing machine falls under CTH 8471

December 17, 2025 342 Views 0 comment Print

CESTAT Kolkata held that the device i.e. Face Recognition System is clearly Automatic Data Processing machinery falling under Customs Tariff Heading [CTH] 8471 only and not under CTH 8543. Accordingly, appeals are allowed.

Customs Broker Not Liable for Exporter’s Misdeclaration: CESTAT Delhi

December 17, 2025 270 Views 0 comment Print

CESTAT held that a Customs Broker cannot be penalised merely because the exporter mis-declared goods or value. Liability under CBLR requires independent proof of broker’s breach of obligations.

Reopening notice u/s. 148 issued after surviving period is time-barred and hence set aside

December 17, 2025 654 Views 0 comment Print

Bombay High Court held that reopening of assessment by issuance of notice under section 148 of the Income Tax Act issued much after the surviving period is barred by limitation. Accordingly, notices are set aside and petition is allowed.

ITAT doesn’t have jurisdiction to review its earlier order rectification petition u/s. 254(2)

December 17, 2025 426 Views 0 comment Print

Madras High Court held that Income Tax Appellate Tribunal cannot review its earlier order under Section 254(2) of the Income Tax Act. Notably jurisdiction of Tribunal is restricted only to rectify error and not review.

Private Placement: Failure to Open Separate Bank Account & Premature Use of Funds – MCA imposes Penalty

December 17, 2025 462 Views 0 comment Print

The order clarifies that procedural violations in private placement cannot be excused merely because the company was a start-up. Strict compliance with Section 42 remains mandatory.

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