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Archive: December, 2025

Posts in December, 2025

CIT(E) Can’t Sit in Judgment Like AO: ITAT Delhi Restores 12AB & 80G Registration to Charitable Trust

December 18, 2025 540 Views 0 comment Print

ITAT Delhi ruled that CIT(E) cannot evaluate the merit of charitable activities when granting 12AB/80G registration, restoring the trust’s exemptions. Procedural overreach by tax authorities cannot deny valid registration.

Brokerage Is Turnover, Not Client Trades: ITAT Delhi Deletes 271B Penalty on Sub-Broker

December 18, 2025 390 Views 0 comment Print

ITAT Delhi ruled that a sub-broker’s turnover includes only brokerage income, not total client transactions, and deleted ₹1.5 lakh penalty under Section 271B.

Purchases cannot be fully disallowed merely on suspicion & supplier deficiencies: ITAT Pune

December 18, 2025 1011 Views 0 comment Print

The Tribunal held that purchases cannot be fully disallowed merely on suspicion and supplier deficiencies. The issue was remanded for fresh verification in light of GST findings.

Portal Silence Can’t Kill Appeal: ITAT Delhi Orders Condonation of 321-Day Delay in Faceless Regime

December 18, 2025 402 Views 0 comment Print

ITAT allowed condonation of a 321-day delay in appeal filing, emphasizing procedural fairness when assessment orders are delivered electronically.

Filing GSTR-9 and GSTR-9C vs Financial Statements – Key points to consider

December 18, 2025 2316 Views 1 comment Print

The guidance highlights that mismatches in turnover, ITC, or tax liability between books and returns can trigger audits and demands.

Consolidated FAQs-GSTR-9 & GSTR-9C: Require due respect and attention

December 18, 2025 1578 Views 0 comment Print

The FAQs hold that annual GST returns are final, non-revisable statements that often become the basis for audits and investigations.

Higher Depreciation Restored as 143(1) Can’t Decide Debatable Claims

December 18, 2025 261 Views 0 comment Print

The issue was whether higher depreciation on goods carriage vehicles could be disallowed during return processing. The Tribunal held that such debatable claims need scrutiny and cannot be adjusted under section 143(1).

Depreciation Can’t Be Denied on Suspicion After MAP Resolution

December 18, 2025 267 Views 0 comment Print

The ITAT held that depreciation cannot be disallowed when ownership, usage, and actual cost of assets are undisputed. Mere suspicion about the source of funds is insufficient to deny statutory depreciation.

TP Adjustment Deleted as INR-Denominated CCD Interest Must Follow PLR

December 18, 2025 477 Views 0 comment Print

The issue was whether interest on INR-denominated CCDs should be benchmarked using LIBOR or domestic rates. The Tribunal held that PLR applies, rendering the transfer pricing adjustment unsustainable.

ITAT Chennai Condones 45-Day Delay; NFAC Cannot Reject Appeal In-Limine When Cause Is Reasonable

December 18, 2025 180 Views 0 comment Print

The issue was whether a short delay in filing an appeal justified outright dismissal. The Tribunal held that illness supported by medical evidence constituted reasonable cause and restored the appeal for merits adjudication.

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