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Archive: December, 2025

Posts in December, 2025

SC Reaffirms Ashoka Marketing Position on Public Premises Act Supremacy

December 12, 2025 663 Views 0 comment Print

The Tribunal held that Section 69 additions based solely on pen-drive data and an employee’s statement from a third-party search could not be sustained. No corroboration or confrontation to the assessee was provided. The ruling confirms that unsupported electronic data cannot create taxable on-money additions.

Assessment Set Aside as AO Incorrectly Applied Section 44AD to Transport Income

December 12, 2025 864 Views 0 comment Print

The Tribunal held that Section 44AD could not be applied to a goods carriage business excluded under Section 44AE and restored the matter for fresh examination. The AO must verify conditions under Section 44AE and recompute income accordingly.

ITAT Deletes ESOP Disallowance but Remands TP Comparables Over Functional Mismatch

December 12, 2025 390 Views 0 comment Print

ITAT Bangalore allowed deduction of ₹55.4 crore ESOP expenses under section 37, holding it as employee compensation cost. ESOP costs may be deductible even if cross-charged from parent company.

Debatable Claim Cannot Trigger Penalty: ITAT Quashes 271(1)(c) for Denied LTCG Exemption

December 12, 2025 195 Views 0 comment Print

The Tribunal held that conflicting judicial views on Section 10(38) exemption made the issue debatable. Since the assessee disclosed all facts, penalty for concealment could not survive despite later denial of exemption.

Consortium Members Not Individually Liable: ITAT Clarifies AOP Taxation

December 12, 2025 327 Views 0 comment Print

The Tribunal quashed additions for bogus purchases, cash seizures, and transfer pricing adjustments, affirming the AOP’s unified management and correct taxation at the consortium level.

Ex-Parte Capital Gains Assessment Set Aside for Land Sale Dispute

December 12, 2025 198 Views 0 comment Print

ITAT Delhi restored the matter to AO, allowing the assessee to submit evidence on share and agricultural status of land to correctly determine capital gains.

ESOP Disallowance Deleted; LTCG on Kodaikanal Land Remanded for Re-Examination

December 12, 2025 384 Views 0 comment Print

ITAT Delhi allowed ESOP expenses of Rs. 54 lakh, emphasizing adherence to accounting principles and SEBI guidelines. Prior judicial precedents guided deletion of the AO’s disallowance.

Section 7 Insolvency Admitted as Default Crosses ₹1 Cr & Debtor Fails to Appear

December 12, 2025 330 Views 0 comment Print

The Tribunal admitted a Section 7 insolvency petition after finding default exceeding ₹1 crore and noting the debtor’s non-appearance. Key takeaway: uncontroverted financial debt and default mandate CIRP admission.

Recovery Beyond 20% of Disputed Income Tax Demand Unlawful: Calcutta HC

December 12, 2025 903 Views 0 comment Print

The Calcutta High Court held that recovering more than 20% of a disputed tax demand from other refunds while an appeal is pending is impermissible. The ruling directs the Income Tax authorities to refund the excess amount.

Supplier’s GST Registration Cancellation Post purchases not Affect Valid ITC Claims

December 12, 2025 14724 Views 1 comment Print

The Court ruled that ITC reversal is unsustainable when the supplier was registered and tax was duly paid. The petitioner’s ITC claim was upheld as legitimate.

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