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Archive: December, 2025

Posts in December, 2025

SEBI (Infrastructure Investment Trusts) (Fourth Amendment) Regulations, 2025

December 9, 2025 909 Views 0 comment Print

The amendment revises key investor classifications, including high-net-worth family trusts and strategic investors, ensuring stronger eligibility norms. It aims to enhance transparency and improve governance in InvIT fund-raising.

HUF Gift to Member: Why It Should Be Treated as Exempt Under Section 10(2)?

December 9, 2025 1488 Views 0 comment Print

ITAT Kolkata held that addition under section 56(2) towards receipt of gift from HUF to be re-considered for exemption under section 10(2) of the Income Tax Act. Accordingly, matter restored back to AO with specific direction.

Non-Faceless 148 Notice Rule of Law Prevails: JAO-Issued U/s 148 Notice Post-Scheme Declared Void

December 9, 2025 594 Views 0 comment Print

The Tribunal held that once the 29.03.2022 Scheme came into force, only faceless units could issue such notices; a JAO-issued notice was illegal, nullifying the entire reassessment.

Reopening Collapses: 148 Notice by Jurisdictional AO After 29.03.2022 Held Void ab initio

December 9, 2025 1464 Views 0 comment Print

ITAT Chennai ruled that Section 148 notices issued manually by a Jurisdictional AO after 29.03.2022 violate the faceless reassessment procedure. The Tribunal quashed the reassessment order, emphasizing that only NFAC-issued notices are legally valid.

Section 148 Notice by JAO After Faceless Regime? Chennai ITAT Quashes Both Reassessments

December 9, 2025 816 Views 0 comment Print

Arulmigu Vettudaiyar Kaliamman Thirukovil Vs ITO (ITAT Chennai) Assessee challenged reassessment solely on the legal ground that notices u/s 148 dated 31.03.2022 (AY 2015-16) & 29.03.2023 (AY 2016-17) were issued by the Jurisdictional AO (JAO) instead of the Faceless Unit, contrary to Sec.151A & CBDT’s Faceless Reassessment Scheme notified on 29.03.2022, which mandates automated/faceless issuance […]

Faceless Assessment Scheme Mandatory for Section 148 Notices

December 9, 2025 1602 Views 0 comment Print

ITAT Chennai held that a notice issued u/s 148 by the Jurisdictional AO after 29.03.2022 violates the mandatory faceless assessment scheme. Consequently, the reassessment and all subsequent actions, including penalty, were declared null and void.

Entire Derivative Loss Addition Deleted for Lack of Evidence & Reliance on Invalid SEBI Order

December 9, 2025 504 Views 0 comment Print

ITAT Kolkata deletes ₹7.84 crore addition on F&O and currency-derivative losses as AO relied solely on a now-vacated SEBI interim order. Tribunal emphasized that the assessee submitted full documentary evidence, which remained unrebutted, confirming losses as genuine.

ICAI President’s Message – December 2025

December 9, 2025 1512 Views 1 comment Print

ICAI reinforces its global presence and leadership, promoting innovation, ethical governance, and continuous skill development for Chartered Accountants.

Exgratia Provision Sent Back to AO; Double Disallowance on Leave Encashment Deleted

December 9, 2025 330 Views 0 comment Print

Tribunal remands ₹88 lakh disallowance of long-term service award to the AO for fresh verification as employee-wise computation for the relevant year was not on record. Claim can be allowed only after proper quantification of ascertained liability.

No Proof, No Addition: ITAT Deletes ₹25 Crore 69A Cash-Loan Allegation

December 9, 2025 630 Views 0 comment Print

The Revenue relied on third-party statements and WhatsApp data to allege an unrecorded ₹25 crore cash loan, but brought no supporting inquiry or cross-examination. The Tribunal held that the AO’s conclusion was speculative, especially when bank-backed evidence, TDS records, and a registered loan agreement supported only a ₹10 crore loan. Key takeaway: additions under Section 69A require concrete evidence, not assumptions.

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