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Archive: December, 2025

Posts in December, 2025

GST Advance Ruling Denial Set Aside Because Prior Proceedings Had No Merits Decision

December 12, 2025 333 Views 0 comment Print

The Court held that the authority could not reject the ruling request based on earlier proceedings that were closed without deciding tax issues. The matter was remanded for fresh consideration.

Section 271D Penalty Deleted as No Satisfaction Recorded in Assessment: SC

December 12, 2025 1866 Views 1 comment Print

Since the assessment order did not refer to initiating penalty under Section 271D, the Court held the penalty void. This reinforces that penalty jurisdiction arises only from recorded satisfaction.

Section 80G Cannot Be Denied Merely for Possibility of Overseas Application: ITAT Orders Approval

December 12, 2025 345 Views 0 comment Print

The Tribunal ruled that incidental foreign expenditure does not bar 80G approval, emphasizing that only the main charitable activities’ genuineness matters for registration.

Penalty Deleted as Foreign Asset Disclosure Defect Cured in Section 153A return Before Notice

December 12, 2025 336 Views 0 comment Print

The Court found that the return filed under Section 153A contained full disclosure submitted prior to initiation of penalty proceedings. It held that such disclosure satisfied legal requirements, leaving no basis for penalty.

Section 148 Notice Quashed for Breach of Faceless Reassessment Requirement

December 12, 2025 1077 Views 0 comment Print

The Court found that reassessment must proceed through the faceless regime and not through a jurisdictional officer. Since the notice was issued in breach of this mandate, both the notice and assessment order were quashed.

Gift from HUF to Member Requires Verification Before Taxation: ITAT Rajkot

December 12, 2025 741 Views 0 comment Print

The ITAT set aside the CIT(A)’s order taxing Rs. 10 lakh received from HUF, emphasizing verification of the gift and HUF status before determining taxability under section 56(2)(vii).

Period spent prosecuting before wrong forum to be excluded while computing limitation

December 12, 2025 261 Views 0 comment Print

CESTAT Chennai held that order holding appeals to be time-barred is set aside since period spent honestly and diligently by a litigant prosecuting a proceeding before a wrong forum is to be excluded while computing limitation.

POSH Act Interpretation: Supreme Court Rejects Jurisdictional Limits for ICCs

December 12, 2025 387 Views 0 comment Print

The Supreme Court ruled that ICCs can inquire into complaints against employees from different departments, ensuring procedural protections under the POSH Act are maintained for aggrieved women.

Deemed Rent Upheld Using Online Data; Interest Deduction Remanded

December 12, 2025 345 Views 0 comment Print

Addition of Rs. 2.82 lakh for deemed rent was maintained due to lack of credible evidence from the assessee. Loan interest is to be reconsidered after proper document submission.

Provisional Bank Attachment under GST Set Aside Due to Pending Appeal Rights

December 12, 2025 918 Views 0 comment Print

Delhi High Court stayed the provisional attachment of the petitioner’s bank account, allowing filing of appeal against assessment order without further pre-deposit, pending departmental adjudication.

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