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Archive: 19 December 2025

Posts in 19 December 2025

No Search Evidence, No 153A Jurisdiction: ₹6.11 Lakh Addition Deleted

December 19, 2025 198 Views 0 comment Print

ITAT Delhi clarified that Section 153A is not meant to reassess completed years in absence of seized evidence. The ₹6.11 lakh addition was therefore held to be without jurisdiction.

Karta of a HUF: The Pivot of Authority under Hindu and Tax Law

December 19, 2025 3414 Views 0 comment Print

The law recognises a Hindu Undivided Family as a creature of birth, not agreement, with the Karta deriving authority solely from coparcenary status. Management rights arise by operation of Hindu law and cannot be created or transferred by consent.

Income from Accommodation Entries Restricted to 8% on Estimation Basis

December 19, 2025 384 Views 0 comment Print

While sustaining additions on merits, ITAT Delhi restricted taxable income to a lump-sum 8% of Section 68-type amounts. The estimation was granted as a one-time relief and expressly not treated as a precedent.

Blending With Huf: Tax Without Relief

December 19, 2025 1008 Views 0 comment Print

Income from property blended into an HUF remains taxable in the individual’s hands under section 64(2). The ruling highlights that blending cannot be used as a tool for income shifting.

Hasty Cash-Deposit Additions Set Aside: ITAT Restores Matter to AO for Fresh Hearing

December 19, 2025 294 Views 0 comment Print

Gourav Chand Mittal Vs ITO (ITAT Delhi) Delhi ITAT  set aside the order of CIT(A), NFAC sustaining addition of ₹50.45 lakh towards cash deposits and restored the entire matter to the file of the AO. The Tribunal noted that though the AO had issued notices u/s 142(1), the assessment was completed in undue haste within […]

Surplus from Educational Activities Doesn’t Convert Trust into Business

December 19, 2025 399 Views 0 comment Print

The Tribunal clarified that the institution existed solely for education and had no unrelated profit-oriented objects. Hence, the stricter test laid down in New Noble Educational Society did not apply.

Gift Deed for ₹26.36 Lakh Cash Gift Admitted at ITAT Stage in Interest of Justice

December 19, 2025 393 Views 0 comment Print

The Tribunal admitted a gift deed filed for the first time before it, noting that the donor was no longer alive. The ₹26.36 lakh addition was remanded for verification of the deed and surrounding circumstances.

Treating outstanding sub-contract expense as unexplained u/s. 68 without specific reason is not tenable

December 19, 2025 309 Views 0 comment Print

ITAT Bangalore held that disallowing outstanding sub-contract expenses payable under section 68 of the Income Tax Act as unexplained cash credit without specific reasoning and without pointing out defects in books of accounts is not justifiable. Accordingly, appeal is allowed and disallowance is deleted.

Estimation of Net Profit Mandatory Once Books Are Rejected

December 19, 2025 468 Views 0 comment Print

The Tribunal quashed the Assessing Officer’s action of taxing the entire purchase value after invoking Section 145(3). Only estimated profit embedded in such purchases, if higher than declared profit, can be brought to tax.

CCI can investigate anti-competitive practices in telecommunication sector inspite of Telecom Regulation

December 19, 2025 450 Views 0 comment Print

Kerala High Court held that Competition Commission of India [CCI] possess jurisdiction for investigating anti-competitive practices in telecommunication sector inspite of Telecom Regulatory Authority of India Act, 1997 regulations.

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