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Archive: December, 2025

Posts in December, 2025

JAO lacked jurisdiction to reopen assessments after 29.03.2022: Telangana HC

December 13, 2025 243 Views 0 comment Print

The Telangana High Court held that proceedings under Sections 148A and 148 initiated post-Faceless Scheme are procedurally invalid. All consequential orders were quashed, while the revenue retains rights under Supreme Court directions.

CAAR Denies APTA Benefit Due to Absence of Third-Party Invoicing Provision

December 13, 2025 1323 Views 0 comment Print

The ruling examines whether third-party invoicing is permitted under APTA and holds that preferential customs benefits cannot be claimed without an express provision in the agreement;

Bio-stimulant classifiable as Plant Growth Regulator due to physiological action, not nutrient supply: CAAR

December 13, 2025 945 Views 0 comment Print

CAAR held that an amino-acid and peptide-based bio-stimulant primarily regulates plant physiological processes and is not a fertilizer, leading to classification as a plant growth regulator under the Customs Tariff

PCR systems not classifiable as spectrometers as optical analysis is only incidental: CAAR

December 13, 2025 339 Views 0 comment Print

CAAR ruled that multi-functional PCR instruments cannot be treated as spectrometers where optical detection is only one part of a larger analytical workflow, leading to classification under the residual optical instruments heading

Delhi HC Upholds Constitutional Validity of Defence of India Rules

December 13, 2025 438 Views 0 comment Print

Delhi HC ruled that properties of individuals who migrated to Pakistan correctly vest in the Custodian, rejecting claims of Indian ownership post-migration.

Cash-Basis Professional Can’t Be Taxed on Mere 26AS Entries; ITAT Deletes Addition  

December 12, 2025 459 Views 0 comment Print

The ITAT held that income appearing in Form 26AS cannot be taxed unless actually received when the assessee follows cash accounting. The ruling confirms that 26AS entries alone cannot justify additions.

Cash Loan Above ₹20,000 Not a Defence to Cheque Bounce: Supreme Court Restores NI Act Rigour

December 12, 2025 1476 Views 0 comment Print

The Court held that violation of the ₹20,000 cash-loan limit under tax law attracts only penalty and does not void the debt. Cheque-bounce prosecutions under Section 138 NI Act remain valid despite such breaches.

One notice, rushed hearing, delayed service: ITAT restores appeal citing breach of natural justice

December 12, 2025 651 Views 0 comment Print

Delhi ITAT remands the case to CIT(A) for fresh adjudication after ex-parte dismissal. Tribunal emphasized that sufficient hearing opportunity must be granted before rejecting appeals.

₹50 Lakh Credit Without Source or Capacity Fails Section 68 Test; ITAT Upholds Addition

December 12, 2025 522 Views 0 comment Print

The Tribunal upheld the addition because the assessee could not prove the creditor’s identity, financial capacity, or the genuineness of the ₹50 lakh credit. Defective confirmation, NIL income of the creditor, and absence of source details weighed against the assessee. The ruling emphasizes that Section 68 requires clear, credible evidence.

Section 35(1)(ii) Deduction Restored: Donation Can’t Be Denied Due to Later Withdrawal of Approval

December 12, 2025 549 Views 0 comment Print

The Tribunal held that deductions for donations cannot be denied due to later retrospective withdrawal of approval. Genuine donations made when the donee was approved retain tax benefits.

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