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Archive: December, 2025

Posts in December, 2025

SC Rejected Appeal as Findings on Section 10(38) exemption Were Purely Factual

December 8, 2025 618 Views 0 comment Print

The Court confirmed that statements recorded during a survey cannot form the basis for tax additions if the assessee is not allowed to challenge them.

Appeal Dismissed as Assessment Ignored Evidence of Genuine Share Transactions

December 8, 2025 282 Views 0 comment Print

Court noted that documented share purchases, demat holdings, and stock-exchange sales were not properly evaluated by the AO. The ITAT’s factual findings were upheld.

Section 138 Penalty Imposed for Non-Appointment of Internal Auditor

December 8, 2025 1287 Views 0 comment Print

A company and its officer were penalized under Section 138 for failing to appoint an internal auditor for FY 2022-23 and 2023-24, with corrective measures and penalties mandated.

Delhi HC Orders Release of Bank Account as GST Attachment Lapses After One Year

December 8, 2025 768 Views 0 comment Print

The Court held that a provisional attachment cannot continue beyond one year under Section 83 and ordered release of the account with a requirement to maintain a ₹10 lakh minimum balance.

Revenue Appeals Dismissed: No Incriminating Material Found in Share Certificate Case

December 8, 2025 234 Views 0 comment Print

The Delhi High Court upheld ITAT’s order, ruling that no incriminating material was seized, and investor companies had sufficient net worth. Additions under Sections 68 and 153A were not justified.

Penalty imposed for Delayed Filing of Share Allotment Return in E-form PAS-3

December 8, 2025 1002 Views 0 comment Print

A company and its directors were penalized under Section 42(9) for filing the return of allotment 23 days late, highlighting the importance of timely compliance in private placements.

Penalty Imposed for Appointing Non-Resident MD Without Govt Approval

December 8, 2025 654 Views 0 comment Print

A company and its director were penalized under the Companies Act for appointing a non-resident managing director without prior Central Government approval. Rectification through resignation and post-facto sanction was required.

GST Appeal Rejection Over Limitation Set Aside for Lack of Upload Date Inquiry

December 8, 2025 327 Views 0 comment Print

The Court set aside the appellate order after finding no inquiry into when the March 2022 order was uploaded, directing the authority to verify the actual upload date. The ruling clarifies that limitation must be assessed based on proven upload timelines.

Discharge Denied Due to Prima Facie Evidence of Illegal Tender Cost Escalation

December 8, 2025 390 Views 0 comment Print

The High Court held that investigation material showed prima facie involvement in unlawful tender cost increases. The ruling emphasized that such allegations warrant a full trial, not discharge.

Repeated SLPs on already Settled Interconnect Issues Not Maintainable: SC

December 8, 2025 648 Views 0 comment Print

The Supreme Court dismissed the SLP filed by the Income Tax Department, condoning delay but emphasizing that repeated petitions on settled questions waste judicial resources.

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