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Archive: 25 December 2025

Posts in 25 December 2025

Comparable Excluded Due to Functional Dissimilarity in Software Development Transfer Pricing

December 25, 2025 402 Views 0 comment Print

Tribunal held that a company engaged in diversified IT consultancy and transformation services cannot be compared with a routine software development service provider

Deemed Dividend Not Attracted Because Advances Arose from Genuine Commercial Transactions

December 25, 2025 273 Views 0 comment Print

The Tribunal held that advances linked to regular business dealings such as sale of timeshare weeks cannot be taxed as deemed dividend, reaffirming that commercial transactions fall outside section 2(22)(e)

Loan Without Written Agreement Qualifies as Financial Debt Due to Time Value of Money: NCLAT Delhi

December 25, 2025 462 Views 0 comment Print

NCLAT ruled that commercial borrowing with agreed interest constitutes financial debt even without a formal loan agreement

Section 263 Revision Quashed as AO Examined Depreciation on Goodwill: Gujarat HC

December 25, 2025 525 Views 0 comment Print

The issue was whether depreciation on goodwill arising from demerger was wrongly allowed. The Court held that since the Assessing Officer had made due enquiries and taken a plausible view, revision under Section 263 was invalid.

Revised Form 10 Filed During Assessment Held Valid for Accumulation Claim of Trust

December 25, 2025 426 Views 0 comment Print

The Tribunal ruled that revising Form 10 during assessment does not invalidate a trust’s accumulation claim when the original form was filed on time. The key takeaway is that revised filings before assessment completion are permissible.

Provisional Release of Used Specialised Equipment Cannot Be Withheld Without Centralised Monitoring: CESTAT Kolkata

December 25, 2025 249 Views 0 comment Print

CESTAT held that withholding goods due to a 100-unit model-wise limit was unsustainable where no centralized monitoring existed, and directed provisional release against bond and bank guarantee.

SC Upholds Bar on Clubbing Syndicate Income With Individual Assessee

December 25, 2025 360 Views 0 comment Print

Affirming the High Court, the Supreme Court held that syndicate income assessable in the hands of the AOP cannot be reassessed in members’ hands.

Penalty on Customs Broker Set Aside as Classification Dispute Was Settled in Importer’s Favour

December 25, 2025 333 Views 0 comment Print

The Tribunal ruled that once the classification was upheld for the importer, penalty on the customs broker could not be sustained. The decision underscores that a resolved classification dispute cannot justify penal action on the agent.

Negative Blocking of ECL Held Beyond Scope of Rule 86A: P&H HC

December 25, 2025 414 Views 0 comment Print

The High Court ruled that Rule 86A does not permit blocking of input tax credit beyond what is available in the electronic credit ledger. Creating a negative balance was held to be without jurisdiction.

Bogus Purchase Addition Fails Without Incriminating Material Under Section 153A

December 25, 2025 393 Views 0 comment Print

The issue was whether additions could survive when no incriminating material was found during search proceedings. The court upheld the Tribunal’s view that Section 153A jurisdiction was invalid, leading to dismissal of the appeal.

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