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Archive: 17 December 2025

Posts in 17 December 2025

Additions Quashed for Being Based Solely on Section 133A Survey Statement: Chhattisgarh HC

December 17, 2025 450 Views 0 comment Print

The High Court held that additions for excess cash and stock cannot rest only on a survey statement. It ruled that statements under Section 133A lack conclusive evidentiary value without corroborative material.

Delayed PAS-3 Filing Triggers Penalty for Private Placement Default

December 17, 2025 321 Views 0 comment Print

It was ruled that failure to file PAS-3 within 15 days attracts per-day penalties, reinforcing strict adherence to private placement disclosure timelines.

Section 80P(2)(d) Deduction Allowed on Interest from Co-operative Bank Deposits: ITAT Surat

December 17, 2025 369 Views 0 comment Print

The Tribunal upheld deduction under Section 80P(2)(d) where interest income was earned from deposits with a co-operative bank. It held that a co-operative bank remains a co-operative society for this purpose.

No Section 153A Addition if no Incriminating Material Found in Search: Bombay HC

December 17, 2025 387 Views 0 comment Print

The Bombay High Court held that additions under Section 153A cannot be made for completed assessments when no incriminating material is found during search. Post-search documents like base notes are insufficient to justify additions.

GST exemption available as Society controlled by State Government covered within Government Entity

December 17, 2025 333 Views 0 comment Print

Karnataka High Court held that Society controlled by the State Government and funded by State Government covered within definition of clause (zfa) i.e. within ‘Government Entity’ as covered vide notification 32/2017 dated 13.10.2017 and hence exempted from GST tax liability.

LIBOR Rate more suitable for benchmarking loans/advances to associated enterprises in foreign currency

December 17, 2025 165 Views 0 comment Print

ITAT Cochin held that since loans and advances are denominated in foreign currency, LIBOR Rates would be more suitable for benchmarking. Accordingly, AO directed to benchmark the international transaction of loan/advances to Associated Enterprise using applicable LIBOR Rate.

GST Demand Set Aside for No Fresh Hearing; Natural Justice Mandatory Under Section 73

December 17, 2025 594 Views 0 comment Print

The High Court set aside a GST demand after finding that the assessment order was passed without giving a fresh hearing. The ruling reiterates that orders under Section 73 must comply with principles of natural justice.

Delay of filing of appeal before CIT(A) not condoned as sufficient cause not shown

December 17, 2025 381 Views 0 comment Print

ITAT Indore held that delay of 560 days in filing of an appeal before CIT(A) rightly not condoned as assessee has failed to give satisfactory and bonafide explanation. Accordingly, delay not condoned as no sufficient cause shown.

Customs Penalty Set Aside for Lack of Evidence and Denial of Cross-Examination

December 17, 2025 375 Views 0 comment Print

The Tribunal held that a penalty under the Customs Act cannot be sustained when it is based on assumptions, unsupported statements, and denial of cross-examination.

Appeal Maintainable on Municipal Tax Payment Alone, Penal Charges Not Mandatory: Kerala HC

December 17, 2025 264 Views 0 comment Print

Kerala High Court held that only tax component shown in demand notice is required to be paid to file an appeal under Municipal Act. Penal interest and other charges cannot be insisted upon at appeal stage.

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