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Archive: December, 2025

Posts in December, 2025

Capital Gains Addition Set Aside for Denial of Fair Opportunity

December 16, 2025 450 Views 0 comment Print

The Tribunal held that an ex-parte capital gains addition could not be sustained where the assessee was denied a meaningful opportunity. Considering comparable treatment in a related case, the matter was remanded for fresh adjudication on merits.

Staggered GST Appeal Filing Withdrawn After Portal Review

December 16, 2025 2094 Views 0 comment Print

GSTAT revoked the staggered filing requirement after reassessing portal capacity. Appeals can now be filed freely without phase-wise restrictions from 18 December 2025.

Rule 10A Not Applicable Due to Absence of Job Work Relationship: CESTAT Mumbai

December 16, 2025 444 Views 0 comment Print

CESTAT held that valuation under Rule 10A fails where the department cannot prove that goods were manufactured as job work, reaffirming that free supply of some inputs alone is insufficient.

Estimated Gross Profit Addition Collapses When Excess Stock Is Not Proved

December 16, 2025 291 Views 0 comment Print

The Tribunal held that a surrender during survey cannot justify additions without supporting material. Statements under Section 133A lack evidentiary value unless backed by records. Additions based solely on surrender were deleted.

Special vs General: Time Limit Conflict between Section 144C(13) and Section 153 of Income Tax Act, 1961

December 16, 2025 2604 Views 0 comment Print

Courts are divided on whether the DRP-specific deadline under Section 144C(13) overrides the general assessment time bar in Section 153.

Compliances For Preferential Allotment of Securities Under Companies Act, 2013 & Rules

December 16, 2025 1941 Views 0 comment Print

This explains the statutory conditions, approvals, and filings required for issuing securities through preferential allotment under the Companies Act, 2013.

Crucial Rule 46A evidence can’t be ignored: ITAT Agra remands section 68 addition

December 16, 2025 369 Views 0 comment Print

The ITAT held that additional evidence filed under Rule 46A cannot be brushed aside without examination. Since the documents were vital to Section 68 requirements, the matter was remanded for fresh adjudication.

Impairment of Investments – Accounting and Tax Implications

December 16, 2025 1812 Views 0 comment Print

This explains when investment values must be written down under AS 13 and Ind AS, and why recognising impairment is essential for accurate financial reporting.

Delay in u/s 80G Renewal Excused Where Prior Approval Was Granted Late

December 16, 2025 528 Views 0 comment Print

The ITAT held that a trust cannot be faulted for missing a statutory deadline when compliance was factually impossible. The rejection of 80G renewal was set aside and remanded for fresh consideration on merits.

Service Tax Tax Demand Set Aside Due to Non-Examination of Exemption Claims: CESTAT Mumbai

December 16, 2025 396 Views 0 comment Print

The Tribunal remanded the case after finding that the adjudicating authority failed to examine exemption eligibility and supporting documents, directing fresh consideration of service tax liability.

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