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Archive: December, 2025

Posts in December, 2025

Hidden Traps in Claiming Business Expenses: A Practical Guide to Section 37(1)

December 4, 2025 1446 Views 0 comment Print

Explains how Section 37(1) restricts deductions to expenses exclusively for business and highlights gray-area items like home office use, meals, vehicles, and cash payments. Key takeaway: only well-documented, business-purpose expenses survive scrutiny.

Section 11 Exemption Cannot Be Denied for Late Form 10B – Delay Held Procedural

December 4, 2025 426 Views 0 comment Print

ITAT Kolkata ruled that belated filing of Form 10B is only a technical defect and cannot justify denial of charitable exemption. The Tribunal restored Section 11 benefits after confirming compliance in substance.

HC Upholds GST Registration Cancellation for Fake Rent Documents & Non-Existent Business

December 4, 2025 705 Views 0 comment Print

The Court upheld cancellation after officials found forged rental agreements and no business activity at the declared premises. The ruling confirms that GST registration obtained through fraudulent documents cannot be sustained.

GST Appeal Cannot Be Dismissed Without Addressing Grounds of Appeal

December 4, 2025 900 Views 0 comment Print

The Court ruled that an unreasoned appellate order violates Section 107(12). It held that authorities must provide clear findings and reasoning when deciding GST appeals.

No Hearing, No Justice: ITAT Remands 143(3) Appeal for Fresh Disposal

December 4, 2025 714 Views 0 comment Print

ITAT held that the appellate order passed without hearing the assessee violated natural justice. The case was remanded with directions to provide proper opportunities.

Deposit Condition Removed Because Additions Already Decided in Assessee’s Favour

December 4, 2025 270 Views 0 comment Print

Court held that directing a ₹5-crore deposit was unwarranted since the disputed issues had been consistently decided in favour of the assessee. The order was set aside.

Customs Demand Set Aside Because Electronic Evidence Lacked Mandatory Certificate

December 4, 2025 465 Views 0 comment Print

The Tribunal ruled that electronic records used to allege undervaluation were inadmissible due to non-compliance with Section 138C. As the main evidence failed, duty demand and penalties were quashed.

Confiscation Set Aside Because Import Became Permissible Under Later DGFT Notification

December 4, 2025 288 Views 0 comment Print

The Tribunal held that Notification 32/2006 allowed the goods to be imported despite earlier restrictions. Confiscation and penalties were quashed as the imports were not restricted goods.

Bombay HC quashes Income Tax Notices Due to Approved Resolution Plan

December 4, 2025 540 Views 0 comment Print

The Court ruled that once a resolution plan is approved, prior tax liabilities are extinguished. Notices issued under Sections 148 and 142(1) for periods before approval were therefore invalid.

Tax Notice Quashed Because Claims Extinguished After Resolution Plan

December 4, 2025 474 Views 0 comment Print

The Court held that tax proceedings cannot continue for periods covered by an approved resolution plan. It ruled that past claims stood extinguished, leading to the quashing of the Section 148 notice.

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