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Archive: 18 December 2025

Posts in 18 December 2025

Arbitration Referred Despite Objections Because Court’s Role Is Limited at Section 11 Stage

December 18, 2025 408 Views 0 comment Print

The Supreme Court held that at the Section 11 stage, courts only check prima facie existence of an arbitration agreement and must leave all deeper objections to the arbitral tribunal.

Amended Section 115BBE Rate Not Applicable Retrospectively on Section 69A Addition

December 18, 2025 1704 Views 0 comment Print

The assessee claimed the firm had dissolved and deposits belonged to a partner. The Tribunal held that absence of documentary proof justified treating bank deposits as unexplained income.

Difference of Opinion Not Enough to Invoke Revisionary Jurisdiction: ITAT Mumbai

December 18, 2025 474 Views 0 comment Print

The issue was whether a completed assessment could be revised without identifying concrete errors. The Tribunal held that vague observations and absence of specific defects do not justify invoking section 263.

Assessment Order Quashed as Proceedings Continued After Death Without Notice to Legal Heirs

December 18, 2025 732 Views 0 comment Print

The High Court held that an assessment order issued in the name of a dead person is a nullity. It ruled that proceedings must be continued only after issuing notice to legal representatives under Section 159.

Section 80P Deduction Allowed as Co-operative Bank Treated as Co-operative Society

December 18, 2025 807 Views 0 comment Print

The Tribunal held that interest earned from investments with a co-operative bank registered as a co-operative society qualifies for deduction under Section 80P(2)(d), following jurisdictional High Court rulings.

SC Upholds Will Excluding One Daughter; Leading Questions in Cross-Examination Can Prove Attestation

December 18, 2025 588 Views 0 comment Print

The Supreme Court ruled that answers to leading questions in cross-examination can validly establish attestation of a will, satisfying statutory proof requirements.

ITC Not Deniable for GSTR-3B Omission if Disclosed in GSTR-9: Calcutta HC

December 18, 2025 2697 Views 0 comment Print

The court held that ITC disclosed in the annual return cannot be rejected solely because it was missed in monthly returns. Appellate authorities must give clear reasons before denying such claims.

100% EOU Can Claim ITC Refund Despite Deemed Export Rules Not Followed: Gujarat HC

December 18, 2025 996 Views 0 comment Print

The court ruled that exporters making zero-rated supplies can claim refund of unutilized ITC even if suppliers ignored deemed export procedures. Refund cannot be denied when deemed export benefits were never availed.

SC Denied Injunction Due to Unproven Property Title & Faulty Identification

December 18, 2025 630 Views 0 comment Print

The Supreme Court restored the trial court’s dismissal of an injunction suit where plaintiffs failed to prove ownership and property boundaries were ambiguous.

Role of Unit Holders in InvITs: Learning from Shareholder Principles

December 18, 2025 513 Views 0 comment Print

Explains the role of unit holders in InvIT governance and how their rights closely resemble shareholder powers in companies.

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