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Archive: December, 2025

Posts in December, 2025

CSR Donations Eligible for Section 80G Deduction Despite Section 37 Disallowance: ITAT Pune

December 18, 2025 1356 Views 0 comment Print

The Tribunal held that denial of CSR expenditure under Section 37 does not bar deduction under Section 80G. It ruled that eligible donations forming part of CSR must be examined under Chapter VI-A independently. The key takeaway is that CSR-linked donations can still qualify for tax relief if statutory conditions are met.

Market Opinion Alone Insufficient to Prove Betel Nut Smuggling: CESTAT Allahabad

December 18, 2025 513 Views 0 comment Print

CESTAT held that goods cannot be confiscated without concrete evidence of illegal import. Local market opinion alone was found insufficient to establish smuggling of non-notified goods.

HC Grants Bail in Alleged Fake ITC Case of ₹23,27 Cr Due to Prolonged Custody

December 18, 2025 315 Views 0 comment Print

The High Court considered whether continued custody was justified in a GST offence case after filing of the complaint. It granted bail noting prolonged detention and the likelihood of delay in trial.

Reassessment Quashed As AO issuing notice lacked Jurisdiction Over Non-Resident

December 18, 2025 786 Views 0 comment Print

The tribunal examined whether reassessment could be initiated by an officer lacking jurisdiction over a non-resident assessee. It held that notices issued by an incorrect authority render the entire reassessment void.

SC Dismisses Reopening as Basis Vanishes After Acceptance in Later Years

December 18, 2025 2475 Views 0 comment Print

SC upheld the quashing of reassessment where identical foreign investment transactions were examined and accepted in subsequent assessments.

Earlier Year Reopening Invalid After Same Transactions Approved Later: Delhi HC

December 18, 2025 318 Views 0 comment Print

The High Court held that once identical transactions were examined and accepted in later assessments, the basis for reopening earlier years did not survive.

Foreign Exchange Loss Allowable as Liability Recognised Under Mercantile Accounting: ITAT Delhi

December 18, 2025 354 Views 0 comment Print

The tribunal held that foreign exchange fluctuation loss was deductible as it was recorded under a consistent mercantile accounting system and in line with applicable accounting standards. The ruling reiterates that such losses are allowable when gains are similarly taxed.

Multiple Opportunities Ignored, Yet ITAT Surat Grants Final Hearing Chance

December 18, 2025 273 Views 0 comment Print

The Tribunal held that dismissal of an appeal without effective hearing violated principles of natural justice. The matter was remanded for fresh adjudication with directions to grant adequate opportunity.

ITAT Mumbai Quashes Reopening Beyond 3 Years for Sanction by Wrong Authority

December 18, 2025 552 Views 0 comment Print

The tribunal held that a reassessment notice issued after three years was invalid as sanction was taken from an incompetent authority. The assessment was quashed for non-compliance with section 151(ii) of the Income Tax Act.

Failure to Scrutinise Exempt LTCG from Penny Stock Justifies Section 263 Action: ITAT Surat

December 18, 2025 294 Views 0 comment Print

The Tribunal upheld revision where the Assessing Officer failed to examine an exempt LTCG claim linked to penny stock manipulation. The ruling affirms that lack of inquiry makes an order erroneous and prejudicial.

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