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Archive: December, 2025

Posts in December, 2025

Section 56(2)(viib) Addition Unsustainable Due to Improper Rejection of DCF

December 5, 2025 462 Views 0 comment Print

The Tribunal held that DCF valuation cannot be discarded merely because projections differ from actual results. AO’s failure to refer the matter to a Valuation Officer rendered the Section 56(2)(viib) addition unsustainable.

Search-Based Penalties Collapsed: Additions Were Only Disallowances, Not Undisclosed Income

December 5, 2025 360 Views 0 comment Print

The Tribunal ruled that Explanation 5A applies only when the assessee is found possessing undisclosed tangible assets, which was not established. Since no such assets were discovered and the additions came from routine assessments, the penalty under section 271(1)(c) could not stand. This clarifies that the deeming fiction under Explanation 5A is not automatic.

No Proof of Mala Fide Conduct – Appeal Referred Back to CIT(A)

December 5, 2025 264 Views 0 comment Print

The Tribunal held that the CIT(A) failed to pass a reasoned speaking order and dismissed the appeal ex-parte without proving deliberate non-compliance. The matter was remanded with one final opportunity, reinforcing natural justice requirements.

Registration u/s. 12A r.w.s. 12AB rejected as exorbitant fees being charged by educational institutes

December 5, 2025 501 Views 0 comment Print

ITAT Pune held that rejection of application for registration under section 12A read with section 12AB of the Income Tax Act since exorbitant fees are being charged and profiteering is not allowed in educational institutes. Accordingly, appeal of assessee dismissed.

Communication Gap in Faceless Regime: ITAT Sends Matter Back to CIT(A)

December 5, 2025 273 Views 0 comment Print

Tribunal held that the CIT(A)’s ex-parte order violated natural justice. The matter was remanded for a fresh decision with proper opportunity to the assessee.

Part of commission income cannot be taxed when deduction u/s. 80P allowed for other part

December 5, 2025 387 Views 0 comment Print

ITAT Lucknow held that part of commission income from sugar mills cannot be taxed since other part of commission income has already been allowed for deduction under section 80P of the Income Tax Act. Accordingly, addition of part of commission income set aside and appeal allowed.

Profiteering Amount Confirmed & Interest not applicable for Pre-Amendment Period

December 5, 2025 495 Views 0 comment Print

GSTAT upheld a profiteered amount of ₹4,57,683 but ruled that interest and penalty do not apply as the relevant CGST Rule amendments are prospective.

RBI (Commercial Banks – Undertaking of Financial Services) (Amendment) Directions, 2025

December 5, 2025 1836 Views 0 comment Print

The amendment clarifies which financial services banks and their group entities can conduct, sets prudential investment limits, and enforces compliance timelines for risk mitigation.

Allahabad HC Invalidates Customs Order Passed Without Adequate Opportunity

December 5, 2025 243 Views 0 comment Print

The High Court held that a show cause order passed ex parte before the expiry of the response period violated natural justice. The case was remitted for fresh adjudication with proper hearing.

RBI (Small Finance Banks – Undertaking of Financial Services) (Amendment) Directions, 2025

December 5, 2025 549 Views 0 comment Print

RBI issues amendments clarifying agency business, referral services, and equity investment limits for small finance banks. Compliance timelines and prudential norms are emphasized.

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