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Archive: December, 2025

Posts in December, 2025

Loose Slip Not Linked- Rs. 43.71 Cr Section 69C Addition Deleted as Dumb Document

December 8, 2025 396 Views 0 comment Print

The addition was based on a loose paper that did not match Yes Bank loan details or HMA ledger figures. The Tribunal upheld that such uncorroborated papers cannot sustain a 69C addition, especially when business had not yet commenced. The takeaway is that tax additions must be backed by verifiable evidence, not estimations on loose sheets.

Tenant’s Purchases, Not Landlord’s: ITAT Dismisses Wrong Addition in Factory Lease Case

December 8, 2025 204 Views 0 comment Print

ITAT Agra held that purchases made by a tenant cannot be attributed to the landlord, deleting ₹2.50 crore addition for alleged bogus meat purchases, emphasizing factual accuracy in assessments.

Allahabad HC Quashes GST SCN Issued Without Specific Allegations of Tax Evasion

December 8, 2025 591 Views 0 comment Print

The Allahabad HC held that the show cause notice under Section 74 was invalid as it did not specify fraud, willful misstatement, or suppression of facts, quashing the notice.

No Evidence, No Relief: 2247-Day Late Appeal Dismissed by ITAT

December 8, 2025 300 Views 0 comment Print

The Tribunal held that even extraordinary circumstances like COVID-19 do not justify appeals filed after limitation expiry. The assessee’s appeal was dismissed due to failure to provide cogent reasons or affidavits supporting the delay.

Temporary Factory Letting Doesn’t End Business: ITAT Holds User Charges as Business Income

December 8, 2025 168 Views 0 comment Print

ITAT Pune ruled that income from temporarily letting sugar factory assets is business income, not Income from Other Sources, allowing set-off of brought-forward losses.

Ex-Parte GST Order Quashed as SCN was uploaded to ‘Additional Notices Tab’

December 8, 2025 768 Views 0 comment Print

An ex-parte GST order was quashed as the SCN and reminders were not effectively communicated to the petitioner. The Delhi High Court remanded the matter for fresh consideration, requiring personal hearing and submission of replies. This decision reinforces procedural safeguards for taxpayers under the GST regime.

Reassessment Proceedings Set Aside for Ignoring CIRP Moratorium and Clean-Slate Principle

December 8, 2025 648 Views 0 comment Print

The Court ruled that reassessment for a pre-CIRP period cannot continue when no claim was filed during CIRP and the approved resolution plan extinguished past dues. It held that post-approval tax demands are invalid.

ITAT Deletes Rs. 63L Deemed ALV Addition: Real Rent Only Counts

December 8, 2025 426 Views 0 comment Print

Delhi ITAT held that adding hypothetical interest on security deposits to compute ALV is impermissible. The decision reverses lower authorities, confirming that only real contractual rent counts as income under section 23(1).

High Court Dismisses Revenue Appeal: No Reassessment Without Incriminating Evidence

December 8, 2025 471 Views 0 comment Print

Delhi High Court held that completed assessments cannot be disturbed without any incriminating material found during search. The Court dismissed Revenue’s appeal, reaffirming that additions under section 153A require evidence of undisclosed income or assets.

GST Order Quashed by as Karnataka HC as Notices Landed in Junk Folder

December 8, 2025 474 Views 0 comment Print

The Karnataka High Court set aside a GST demand order after notices were sent to the petitioner’s email Junk Folder, preventing awareness and response. The matter is remitted for fresh adjudication, ensuring the petitioner can submit replies and be heard.

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