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Archive: December, 2025

Posts in December, 2025

Section 263 Revision Unwarranted After Due Inquiry; Revenue Appeal Dismissed

December 18, 2025 603 Views 0 comment Print

The ITAT dismissed the Revenue’s appeal after the High Court upheld that revision under Section 263 was unwarranted where the Assessing Officer had conducted due inquiry.

Parallel GST & Customs Proceedings Valid After Appeal Failure: P&H HC

December 18, 2025 300 Views 0 comment Print

The Court refused to quash GST recovery notices after noting that the adjudication order had been upheld in appeal and never challenged further. The ruling confirms that recovery can proceed once appellate remedies are exhausted.

Loss on Loan-to-Equity Conversion Allowed as Business Loss to Bank: ITAT Mumbai

December 18, 2025 648 Views 0 comment Print

Tribunal held that loss arising from compulsory conversion of stressed loans into equity under a restructuring scheme is a deductible business loss or bad debt for a bank.

Milk Procurement Incidental to Charitable Object; Section 11 Exemption Allowed

December 18, 2025 369 Views 0 comment Print

The tribunal held that milk procurement and sale by a charitable society were incidental to its primary object of helping small and marginal farmers, and exemption under Section 11 could not be denied.

Gujarat HC Grants Regular Bail in GST offence as Investigation Completed

December 18, 2025 597 Views 0 comment Print

The High Court granted regular bail noting completion of investigation, seizure of documents, and the documentary nature of allegations, holding that continued custody was unwarranted with conditions to secure presence.

GST Appeal Rejection Invalid Where Prior Payments Met Pre-Deposit Requirement

December 18, 2025 993 Views 0 comment Print

The Court held that rejection of a GST appeal was invalid where prior payments under protest already satisfied the mandatory 10% pre-deposit requirement.

Arbitration Referred Despite Objections Because Court’s Role Is Limited at Section 11 Stage

December 18, 2025 342 Views 0 comment Print

The Supreme Court held that at the Section 11 stage, courts only check prima facie existence of an arbitration agreement and must leave all deeper objections to the arbitral tribunal.

Amended Section 115BBE Rate Not Applicable Retrospectively on Section 69A Addition

December 18, 2025 1593 Views 0 comment Print

The assessee claimed the firm had dissolved and deposits belonged to a partner. The Tribunal held that absence of documentary proof justified treating bank deposits as unexplained income.

Difference of Opinion Not Enough to Invoke Revisionary Jurisdiction: ITAT Mumbai

December 18, 2025 420 Views 0 comment Print

The issue was whether a completed assessment could be revised without identifying concrete errors. The Tribunal held that vague observations and absence of specific defects do not justify invoking section 263.

Assessment Order Quashed as Proceedings Continued After Death Without Notice to Legal Heirs

December 18, 2025 657 Views 0 comment Print

The High Court held that an assessment order issued in the name of a dead person is a nullity. It ruled that proceedings must be continued only after issuing notice to legal representatives under Section 159.

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