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Archive: 17 December 2025

Posts in 17 December 2025

Rs. 113.46 Crore Section 68 Addition Fails Due to Jurisdictional Defect

December 17, 2025 510 Views 0 comment Print

The issue was whether an Assessing Officer can travel beyond limited scrutiny without mandatory approval. The Tribunal held that such action violates binding CBDT Instructions and renders the assessment void from inception

Ancillary Software Services Protected Under DTAA as FTS Conditions Not Met

December 17, 2025 216 Views 0 comment Print

ITAT Mumbai ruled that ancillary software support services did not constitute FTS under the India–Singapore DTAA, deleting a ₹482.77 crore addition due to failure of the make available test.

Search Assessment Limited as Bank Valuation Found Insufficient Evidence

December 17, 2025 198 Views 0 comment Print

Delhi ITAT held that a bank’s valuation report obtained post-search is not incriminating material, restricting unexplained investment addition to a reasonable estimate.

Gold TRQ Allocation Opened Through E-Auction to Broaden MSME Access

December 17, 2025 597 Views 0 comment Print

DGFT mandated competitive bidding for gold TRQ under India–UAE CEPA, restricting eligibility to MSMEs to ensure wider and fairer allocation.

DTAA rate not applicable to Dividend Distribution Tax under section 115O: ITAT Mumbai

December 17, 2025 489 Views 0 comment Print

The Special Bench ruled that DDT under section 115-O is a distinct tax on the company, not on shareholders. Treaty dividend rates therefore cannot cap the DDT payable by an Indian company.

Section 14A disallowance cannot be added back while computing book profits: ITAT Mumbai`

December 17, 2025 312 Views 0 comment Print

The Tribunal held that while section 14A applies to partnership investments, disallowance cannot exceed the amount excluded from total income. Excess Rule 8D disallowance was therefore restricted to the partnership loss.

Import Authorisation Mandated as Restricted IT Hardware Remains Under IMS for 2026

December 17, 2025 504 Views 0 comment Print

DGFT reaffirmed the restricted status of IT hardware imports and mandated online authorisation under the Import Management System. The ruling sets clear timelines and validity rules for 2026.

Form 15CA: Guide on Applicability, Parts, Procedure & Common Issues

December 17, 2025 900 Views 0 comment Print

Explains when Form 15CA must be filed for payments to non-residents and how it enables tax authorities to track cross-border remittances. The key takeaway is that timely and accurate filing is essential to avoid remittance delays and tax exposure.

ACB FIR Quashed Due to Lack of Sanction and Recycled Allegations

December 17, 2025 390 Views 0 comment Print

The Supreme Court held that an FIR based on previously closed complaints and filed without mandatory sanction is an abuse of process and must be quashed.

Stock Broker Rules Overhauled to Simplify Compliance & Cut Regulatory Bulk

December 17, 2025 621 Views 0 comment Print

SEBI approved new Stock Brokers Regulations, 2025 to replace the 1992 framework, reducing pages and removing redundancies. The ruling prioritises clarity, ease of compliance, and stronger supervisory focus.

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