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Archive: December, 2025

Posts in December, 2025

Negative ITC Blocking Held Illegal: SC Affirms Limits of Rule 86A

December 13, 2025 2586 Views 0 comment Print

The Supreme Court has confirmed that Rule 86A cannot be used to create negative ITC balances, reinforcing that recovery must follow statutory adjudication.

Cash Deposits During Demonetisation Cannot Be Treated as Unexplained When Agricultural Source Is Proved

December 13, 2025 492 Views 0 comment Print

The Tribunal deleted Rs. 26.73 lakhs added under Section 69A, holding that the deposit was from agricultural income and prior withdrawals. Revenue failed to disprove the assessee’s explanation, confirming that farmers’ cash deposits need proper evaluation.

ITAT Mumbai Restores Ex-Parte Reassessment as Capital Gains Were Taxed in Director’s Hands Instead of Company

December 13, 2025 189 Views 0 comment Print

The tribunal found that the income addition of ₹80 lakh was incorrectly attributed to the assessee personally instead of the company, allowing the appeal to proceed on merits.

Reassessment Quashed as Mandatory Seven-Day Notice Was Not Granted

December 13, 2025 516 Views 0 comment Print

ITAT held that reassessment proceedings are invalid where the Assessing Officer failed to grant the minimum seven days’ time under section 148A(b), making the entire process unsustainable.

Arbitrary 3% Profit Estimation Struck Down by ITAT Hyderabad

December 13, 2025 432 Views 0 comment Print

Tribunal ruled that examining purchases was permissible under limited scrutiny for sales mismatch. However, the 3% profit estimation was found arbitrary and sent back for fresh computation.

Compounding under FEMA: Flags, Triggers and Trends 

December 13, 2025 1143 Views 0 comment Print

Updated 2024 Rules and RBI Directions make FEMA compounding structured and data-driven. Early, voluntary filings are key, while serious violations remain ineligible.

filing of Audit report in form 10B is directory is nature & not mandatory- Delay condoned

December 13, 2025 615 Views 0 comment Print

ITAT held that exemption under section 11 cannot be denied where the audit report in Form 10B was filed before CPC processed the return, even if the return itself was belated.

No limitation to look back when transaction held to be fraudulent under IBC

December 13, 2025 648 Views 0 comment Print

NCLAT Delhi held that once a transaction has been held to a fraudulent transaction there is no limitation to look back if the other ingredients of Section 66 (1) of the Insolvency and Bankruptcy Code are satisfied. Accordingly, appeal of appellants is dismissed.

Protective addition collapses once substantive tax paid by real owner: ITAT Rajkot

December 13, 2025 264 Views 0 comment Print

ITAT ruled that protective addition of Rs.27.74 lakh in the assessee’s hands was unjustified as the real owners of the seized gold had already been assessed.

Calcutta HC Stays Income Tax Prosecution Pending Collegium Approval Verification

December 13, 2025 327 Views 0 comment Print

The Calcutta High Court stayed proceedings under Section 279(1) after the petitioner challenged the prosecution sanction, citing lack of collegium approval and denial of personal hearing.

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