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Archive: December, 2025

Posts in December, 2025

Limitation Runs From Statutory Reply Period, Not Actual Reply Date

December 29, 2025 426 Views 0 comment Print

The issue was whether reassessment notices issued after April 2021 were valid. The Tribunal held that notices issued beyond the surviving time limit were barred, rendering all reassessment proceedings void.

Invocation of extended period not justified as inadmissible Cenvat Credit duly reflected in return

December 29, 2025 486 Views 0 comment Print

CESTAT Allahabad held that extended period of limitation is not invocable since alleged inadmissible cenvat credit was duly reflected in the return. Accordingly, demand beyond normal period of limitation set aside.

Appeals Rejected Due to Unexplained Nine-Year Delay in Filing

December 29, 2025 285 Views 0 comment Print

The assessee sought relief citing internal lapses and adviser dependence. The Tribunal ruled that consistent audits and filings undermined claims of ignorance. Long delays require specific, convincing justification, which was absent.

Section 32A of IBC restrict action against property of corporate debtor for offence committed prior to CIRP

December 29, 2025 474 Views 0 comment Print

Madras High Court held that in terms of provisions of section 32A of the Insolvency and Bankruptcy Code 2016 no action shall be taken against the property of the corporate debtor in relation to an offence committed prior to the commencement of the CIRP.

PCIT Overreach Defeats Revision on Depreciation and CSR Claims

December 29, 2025 249 Views 0 comment Print

The PCIT sought to revisit claims already scrutinized and partly disallowed. The Tribunal ruled this to be a change of opinion and invalid. Revision demands clear error and prejudice, not reappraisal.

Penalty based on statement recorded u/s. 108 without complying with section 138B cannot be sustained

December 29, 2025 513 Views 0 comment Print

Kerala High Court held that levy of penalty on the basis of statement recorded under section 108 of the Customs Act is not sustainable since provisions of section 138B have not been complied with. Accordingly, the appeals are allowed.

Non-Compliance Alone Can’t Justify ₹12 Lakh Cash Addition

December 29, 2025 213 Views 0 comment Print

Accepting the assessee’s explanation for delay and non-appearance, the Tribunal condoned the delay and set aside both lower orders. The AO was directed to re-decide the issue of cash deposits after proper hearing.

Liquor manufacturer permitted for payment of unsold stock destroyed under prohibition policy

December 29, 2025 342 Views 0 comment Print

Patna High Court allowed the writ and held that liquor manufacturer is permitted to payment for unsold stock which is destroyed on implementation of Bihar Government Prohibition policy effected in 2016. Accordingly, writ petition is allowed.

Government subsidy received under rehabilitation scheme is capital receipt

December 29, 2025 348 Views 0 comment Print

Madras High Court held that grant-in-aid/ subsidy received from the Government under a rehabilitation scheme is capital receipt and cannot be treated as revenue receipt. Accordingly, question of law is answered in favour of appellant.

No Rule 46A Breach When CIT(A) Calls Records Suo-Motu: ITAT

December 29, 2025 240 Views 0 comment Print

Demonetisation cash deposits cannot be taxed merely on suspicion when supported by statutory VAT/Excise records, sales growth, and business expansion. Rule 46A(4) empowers CIT(A) to call for such evidence without triggering procedural violations.

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