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Archive: December, 2025

Posts in December, 2025

Discretionary remedy in fraudulent claim of GST Input Tax Credit not granted

December 5, 2025 429 Views 0 comment Print

Rajasthan High Court held that discretionary remedy claimed by the petitioner not granted as it is a case which involves fraudulent availment of GST Input Tax Credit exceeding Rs. 100 Crore. Accordingly, writ petition dismissed.

Section 68 Addition Quashed for Violating Principles of Natural Justice

December 5, 2025 411 Views 0 comment Print

The Tribunal held that the loan could not be treated as unexplained when the assessee had furnished complete documentary evidence. The authorities failed to conduct further inquiry or rebut the lender’s confirmation. The ruling emphasizes that additions under Section 68 cannot be made solely on suspicion.

SEBI Orders ₹546 Crore Disgorgement From Avadhut Sathe Trading Academy

December 5, 2025 2490 Views 0 comment Print

SEBI has issued an ex-parte interim order against Avadhut Sathe Trading Academy Pvt Ltd, directing disgorgement of ₹546.16 crore for alleged unregistered advisory activities. The order names Avadhut Sathe, Gouri Sathe, and ASTAPL, citing ₹601 crore collected from 3.37 lakh clients. Here is a complete analysis of SEBI’s findings, timelines, and implications.

Unexplained Cash Credit Addition Deleted Due to Complete Loan Evidence

December 5, 2025 291 Views 0 comment Print

The ITAT ruled that unexplained cash credit cannot be added under Section 68 when the assessee furnishes full documentation, setting aside the addition of ₹15 lakh and related interest disallowance.

Format Matters: ITAT Says Invalid 143(2) Notice Vitiates Whole Proceedings

December 5, 2025 669 Views 0 comment Print

The Tribunal found that the notice did not indicate whether scrutiny was limited or complete, contrary to CBDT directives. This omission made the notice invalid and rendered the assessment unsustainable. The decision reinforces the necessity of clarity and compliance in scrutiny notices.

ITAT Rules No TDS Default, No Disallowance on Expenses- Presumption Isn’t Proof

December 5, 2025 354 Views 0 comment Print

ITAT Kolkata ruled that expenses cannot be disallowed under Section 40(a)(ia) based on assumptions if TDS is duly deducted and documented, setting aside additions exceeding ₹5 crore.

Uncorroborated 132(4) Statement Can’t Tax a Genuine Donation

December 5, 2025 420 Views 0 comment Print

ITAT Mumbai held that donations to registered trusts cannot be taxed under Section 69C solely based on third-party statements without supporting evidence.

Appeals Restored Because CIT(A) Ignored Request to Avoid Email Notices

December 5, 2025 198 Views 0 comment Print

Tribunal held that natural justice was violated when notices were sent only by email despite explicit instructions otherwise. Appeals were restored with costs, and the Assessing Officer must reconsider the case after allowing additional evidence.

Cash Deposit Before Loan Cannot Trigger Section 68 in Borrower’s Case

December 5, 2025 1263 Views 0 comment Print

Tribunal deleted Rs. 10 lakh addition made under Section 68 where lender’s deposits were not independently verified. The assessee had no failure in proving identity, genuineness, or creditworthiness. Key takeaway: mere timing of lender’s bank deposits cannot trigger Section 68 addition without corroborative evidence

Companies (Amendment) Bill 2025 as introduced in Lok Sabha

December 5, 2025 3123 Views 0 comment Print

The Bill proposes reducing net worth, turnover, and profit limits for mandatory CSR. This would bring a larger number of medium-sized companies within the CSR framework.

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