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Archive: December, 2025

Posts in December, 2025

Profit Mismatch Between Audit Report and Return Validly Revised

December 16, 2025 291 Views 0 comment Print

The assessee argued that revision proceedings were vitiated as they followed an audit objection. The ITAT rejected this plea, holding that audit-based information can validly trigger revision if conditions of section 263 are met.

Technical Glitch in Payment Differentiates SVLDRS Cases from Financial Delay Cases

December 16, 2025 357 Views 0 comment Print

The Bombay High Court held that delays caused by genuine technical glitches do not invalidate SVLDRS benefits, distinguishing cases of financial incapacity.

Twin Conditions of Section 263 Not Met, Revision Order Set Aside

December 16, 2025 240 Views 0 comment Print

The ITAT held that revision under Section 263 cannot be invoked merely because the PCIT disagrees with the Assessing Officer’s view. Once enquiries are made and explanations accepted, substitution of opinion is impermissible.

Foreign Donation to Hospitals & Medical NGOs – FCRA Compliance

December 16, 2025 1371 Views 0 comment Print

Hospitals and medical NGOs must disclose all foreign grants, equipment, and medicines under FCRA; non-compliance can lead to frozen funds or registration suspension.

ITAT Rejects Business Parlance Test in Section 56 Application

December 16, 2025 453 Views 0 comment Print

The ITAT held that even a small part payment through banking channels before or on the agreement date is sufficient to invoke the provisos to section 56(2)(vii)(b)(ii). Substantial payment or possession is not a statutory requirement.

DRP Route Cannot Extend Statutory Time Limit Under Section 153

December 16, 2025 600 Views 0 comment Print

The Tribunal held that a final assessment passed after the expiry of Section 153 is invalid, even if it follows DRP directions. The is that limitation under Section 153 remains mandatory and cannot be bypassed through the DRP route.

Proportionate Method Applied to Partly Accept Agricultural Income

December 16, 2025 345 Views 0 comment Print

ITAT held that disclosures in an election affidavit cannot, by themselves, justify reopening an assessment. The ruling reinforces that reassessment requires fresh tangible material and a live link to income escaping assessment.

Single Excise SCN With Multiple Hearing Dates Violates Section 33A; Orders Set Aside: Gujarat HC

December 16, 2025 600 Views 0 comment Print

Gujarat HC held that ex parte orders are invalid if personal hearing notices under Section 37C are not properly delivered with proof, reinforcing procedural fairness.

Appeal Dismissed Because Mere Assertion Cannot Prove Agricultural Income

December 16, 2025 354 Views 0 comment Print

ITAT Pune held that a claim of agricultural income cannot be accepted without supporting records. Complete non-compliance at all stages justified treating the receipts as unexplained income.

GST Refund Cannot Be Denied Without Opportunity to Submit Documents: Karnataka HC

December 16, 2025 447 Views 0 comment Print

Karnataka HC held that GST authorities must provide taxpayers a chance to furnish missing documents before rejecting refund claims, reinforcing procedural fairness.

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