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Archive: 23 December 2025

Posts in 23 December 2025

ITAT Bangalore Allows 80P Deduction on Interest From Co-operative Banks; 307-Day Delay Condoned

December 23, 2025 945 Views 0 comment Print

ITAT Bangalore ruled that interest earned by a cooperative society from bank deposits is attributable to its core business and eligible for deduction under Section 80P(2)(a)(i), reversing the denial by lower authorities.

153C Time-Barred: ITAT Quashes Assessments Outside Block Period Based on Satisfaction Note Date

December 23, 2025 561 Views 0 comment Print

Delhi ITAT ruled that assessments for AYs 2010-11 to 2012-13 under section 153C were invalid as the statutory block period starts from the satisfaction note date, not the original search.

No TDS Required on Foreign Agent Commission Since Income Not Taxable in India: ITAT Ahmedabad

December 23, 2025 783 Views 0 comment Print

The tribunal held that commission paid to overseas agents was a normal business expense and not taxable in India. Since no TDS was required, disallowance under section 37(1) was unsustainable.

ITAT Delhi Upholds Estimated Disallowance for Inadequate Evidence, Arbitrary Addition reduced to 50%

December 23, 2025 426 Views 0 comment Print

The Tribunal held that while arbitrary disallowances are not sustainable, inadequate substantiation justifies estimation. Disallowances were restricted to 50% to balance fairness and compliance.

Cash Deposits Alone Cannot Justify Reopening of Assessment: ITAT Delhi

December 23, 2025 972 Views 0 comment Print

The Tribunal struck down reopening where reasons conflicted and rested solely on AIR cash-deposit data. The key takeaway is that reassessment needs a clear, reasoned nexus.

FEMA Compliance: A Two-Decade Odyssey of Missing APRs — A Company Secretary’s Real-Life Case Study

December 23, 2025 1380 Views 2 comments Print

A long-standing lapse in APR filings blocked remittances and triggered litigation. The case shows how systematic reconstruction and regulatory diligence can restore compliance.

CESTAT Kolkata Quashed Gold Seizure for Lack of Proof of Foreign Origin

December 23, 2025 711 Views 0 comment Print

The tribunal held that city seizure of gold without foreign markings or import evidence cannot be treated as smuggling. In the absence of proof of foreign origin, confiscation and penalties were set aside.

Duty Demand Quashed as Extended Limitation Inapplicable to Bona Fide DFIA Transferee

December 23, 2025 516 Views 0 comment Print

The issue was whether customs duty could be demanded from a transferee using DFIA licences allegedly obtained by exporter misrepresentation. The Tribunal held that extended limitation cannot apply where no fraud or suppression is alleged against the importer.

SC Dismisses Reopening Challenge as Mere Change of Opinion Without Fresh Material

December 23, 2025 585 Views 0 comment Print

Supreme Court upheld the quashing of reassessment where scrutiny queries on deductions were earlier examined. It held that reopening based only on reappraisal of the same material amounts to an impermissible change of opinion.

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