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Archive: December, 2025

Posts in December, 2025

Company Penalised for Not Filing CHG-4 Despite Loan No Longer Existing

December 15, 2025 2226 Views 0 comment Print

The authority ruled that absence of a loan does not waive compliance obligations. Failure to intimate satisfaction of charge attracted mandatory penalties.

ROC Chennai Imposed Penalty for False Directors’ Responsibility Statement

December 15, 2025 405 Views 0 comment Print

Regulatory authorities held that claiming compliance with accounting standards without actual adherence or explanation violates Section 134. Companies and directors can face fixed penalties even without mala fide intent.

ROC Ahmedabad imposes Penalty for Delay in Appointing Woman Director

December 15, 2025 342 Views 0 comment Print

The adjudicating authority held that delayed appointment of a woman director constitutes a continuing default warranting financial penalties.

Section 68 Addition Fails for Ignoring Daughter’s Loan Evidence: ITAT Delhi Orders Fresh Examination

December 15, 2025 213 Views 0 comment Print

The issue was whether an unsecured loan could be treated as unexplained despite evidence on record. ITAT Delhi held that the appellate authority erred in ignoring uploaded documents and remanded the matter for fresh verification.

No Independent Inquiry, No Reopening: ITAT Strikes Down Section 147 Action

December 15, 2025 336 Views 0 comment Print

The Tribunal held that reassessment based only on the Shah Commission report, without independent material or application of mind, is invalid. Reopening beyond four years after full disclosure was quashed, nullifying additions and penalties.

Interest on Delayed DTH Licence Fee Recognized as Deductible Liability

December 15, 2025 279 Views 0 comment Print

ITAT Delhi ruled that annual revenue-linked DTH licence fees are revenue expenses under Section 37, not capital under Section 35ABB, allowing full deduction for the assessee.

Tribunal Allows Section 12AB Registration Renewal for Public Trust

December 15, 2025 489 Views 0 comment Print

The Tribunal held that income assessment issues cannot prevent granting registration under section 12AB, directing the renewal for a trust already registered under 12AA.

Penalty Imposed for Delay in Appointing Woman Director Beyond Statutory Deadline

December 15, 2025 783 Views 0 comment Print

The ROC held that failure to appoint a woman director within the prescribed period violates section 149(1). Monetary penalties were imposed despite later rectification of the default.

Bank Rates Not Comparable: ITAT Upholds 0.25% Corporate Guarantee Benchmark

December 15, 2025 447 Views 0 comment Print

The issue concerned an upward transfer pricing adjustment on corporate guarantee fees charged to AEs. The Tribunal upheld the fee at 0.25% as arm’s length, citing prior ITAT precedents. The takeaway: valid comparable data and indemnification protect against such adjustments.

Telecom License Fee Held Capital, But Spectrum Charges Allowed as Revenue

December 15, 2025 606 Views 0 comment Print

The Tribunal held that revenue-sharing license fees under the 1999 policy are capital expenditure, mandatorily amortizable under section 35ABB, following the Supreme Court verdict.

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