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Archive: December, 2025

Posts in December, 2025

Mother–Son Gifted Land Misinterpreted as Sale: ITAT Delhi Remands Case to CIT(A)

December 11, 2025 465 Views 0 comment Print

Tribunal held that denying opportunity to submit evidence amounts to potential miscarriage of justice. CIT(A) directed to reconsider income addition after evaluating all documents.

Income Tax Appeals Filed Before Wrong Bench Dismissed with Liberty to Refile

December 11, 2025 267 Views 0 comment Print

ITAT held that appeals filed with incorrect jurisdiction cannot be heard. All four appeals dismissed, but assessee allowed to refile before correct bench.

TDS Demand Deleted as Section 201 Proceedings Filed Beyond Limitation: ITAT Delhi

December 11, 2025 792 Views 0 comment Print

ITAT ruled that Section 201 proceedings initiated beyond four years are legally untenable. Since the 201(1) order for AY 2016-17 was issued after the limitation period, the entire TDS demand was deleted. Tribunal held that date of knowledge is irrelevant for limitation.

Cash Addition Reduced: ITAT Cuts Ad Agency Profit Estimate from 8% to 5%

December 11, 2025 465 Views 0 comment Print

The Tribunal held that ad agencies operate on low margins, and without comparables, an 8% estimate was excessive. Past history was accepted as the best guide, reducing profit estimation to 5% and deleting cash-deposit addition as double counting.

No Arbitration Without Privity: Non-Signatory Can’t Bind Principal – SC

December 11, 2025 624 Views 0 comment Print

Summary: The Supreme Court held that a sub-vendor cannot force arbitration against a principal employer without contractual privity. BCL’s claim failed as it lacked genuine intent to be bound by HPCL’s agreement.

Faceless Assessment Prevails: JAO’s Reassessment Notice Invalid, Revival If SC amends Law

December 11, 2025 954 Views 0 comment Print

Tribunal held that a notice issued by JAO under Section 148 is invalid, emphasizing that only FAO-issued notices comply with faceless reassessment rules. Revenue may seek revival if Supreme Court changes legal position.

Section 54F Exemption Denied for Owning Multiple Houses with Separate Kitchens: ITAT Delhi

December 11, 2025 1986 Views 0 comment Print

Tribunal ruled Section 54F exemption is not available when the assessee owns multiple independent residential units, each with a separate kitchen. Deduction on the JDA property was disallowed.

WhatsApp Chats Alone Cannot Trigger Section 69A Additions: ITAT Kolkata

December 11, 2025 4203 Views 0 comment Print

ITAT Kolkata ruled that WhatsApp chats without corroboration cannot be treated as unexplained income under Section 69A. All additions based solely on chats were deleted, emphasizing the need for tangible evidence.

Complete Guide to ESOPs: Legal Framework, Taxation and Vesting

December 10, 2025 2133 Views 0 comment Print

Learn how Employee Stock Option Plans work under the Companies Act, SEBI regulations, and taxation rules. Key takeaways include eligibility, vesting, exercise price, and capital gains implications.

Guidance For Success In Appeals Under Income Tax Act, 1961

December 10, 2025 1590 Views 0 comment Print

Discover how identifying errors in Assessing Officer jurisdiction, notice issuance, and approval under Sections 148/148A can secure favorable ITAT/CIT(A) rulings. Learn key strategies to challenge illegal assessments effectively.

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