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Archive: December, 2025

Posts in December, 2025

Section 12AB Registration Can’t Be Cancelled for Procedural Lapses Alone

December 19, 2025 654 Views 0 comment Print

The ITAT held that cancellation of provisional registration merely for non-compliance with notices is unsustainable when lapses are not deliberate. The case was remanded to allow the applicant a fair opportunity to establish genuineness of activities.

153C Assessment Remanded for Failure to Examine Jurisdictional Satisfaction

December 19, 2025 234 Views 0 comment Print

The case examined whether assessments under Section 153C were valid without proper recording of statutory satisfaction. The Court remanded the matter, holding that jurisdiction must be decided before examining additions on merits.

NFAC Can’t Dismiss Appeal for Non-Appearance Without Merits Adjudication: ITAT Pune

December 19, 2025 363 Views 0 comment Print

The ITAT held that the appellate authority mechanically affirmed reassessment additions without independent examination of merits. The matter was remanded to grant the assessee a fair and effective opportunity to explain cash deposits and other additions.

Interest on delayed remittance of TDS not deductible as business expense u/s. 37(1)

December 19, 2025 399 Views 0 comment Print

ITAT Hyderabad held that interest paid on account of delayed remittance of TDS cannot be treated as business expenditure under section 37(1) of the Income Tax Act. Accordingly, order disallowing the same is upheld.

No Criminal Case, No LOC: Banks Can’t Seek Travel Bans for Defaults

December 19, 2025 351 Views 0 comment Print

The High Court ruled that wilful default and pending recovery proceedings do not, by themselves, justify Look Out Circulars. Without criminal cases or proof of higher economic harm, restricting travel violates Article 21.

Ex-Parte Assessment Appeal Can’t Stand: Matter Sent Back for De Novo Adjudication

December 19, 2025 198 Views 0 comment Print

The case examined whether ex-parte assessment and appellate orders could stand without merit-based adjudication. The Tribunal held that failure to decide all grounds violates natural justice and ordered a fresh assessment.

Regulation function by Electricity Regulatory commission doesn’t qualify as taxable supply: GST demand quashed

December 19, 2025 303 Views 0 comment Print

Karnataka High Court quashes demand of GST against Karnataka Electricity Regulatory Commission by concluding that regulatory function discharged by commission doesn’t qualify as taxable supply. Accordingly, order and notice quashed.

Section 80JJAA Deduction Remanded Due to Portal Glitch in Form 10DA

December 19, 2025 309 Views 0 comment Print

The ITAT held that a deduction under section 80JJAA cannot be denied merely because Form 10DA was partially invisible on the tax portal. The issue was remanded for limited verification now that the complete form is available.

Reopening not justified as reasons recorded remained speculative

December 19, 2025 408 Views 0 comment Print

ITAT Delhi held that without a clear and direct connection between the facts and the alleged escapement of income, the reasons recorded remains speculative, therefore, the reopening cannot be justified. Accordingly, appeal allowed to that extent.

Section 44AD Case Can’t Become Blanket Cash Addition; ITAT Surat Sets Aside ₹5.09 Cr Assessment

December 19, 2025 696 Views 0 comment Print

The ITAT held that additions based on incorrect and unreconciled bank data cannot be sustained. The assessment was remanded for fresh verification of actual cash deposits and credits.

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