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Archive: December, 2025

Posts in December, 2025

RBI (All India Financial Institutions – Treatment of Wilful Defaulters and Large Defaulters) Directions, 2025

December 29, 2025 1101 Views 0 comment Print

AIFIs must deny fresh credit and impose post-removal cooling-off periods on wilful defaulters. The ruling underscores deterrence against intentional defaults.

Third-Party Statement Alone Insufficient to Treat Loan as Bogus

December 29, 2025 429 Views 0 comment Print

The issue was whether unsecured loan additions under section 68 could survive based solely on investigation reports and third-party statements. ITAT held that without independent enquiry and nexus to seized material, such additions are unsustainable.

RBI (All India Financial Institutions – Resolution of Stressed Assets) Directions, 2025

December 29, 2025 870 Views 0 comment Print

The 2025 Directions mandate strict timelines, review periods, and higher provisioning for delays in resolving stressed assets. The key takeaway is faster resolution with stronger accountability for AIFIs.

Big Dividend, Real Costs: ITAT Upholds Rule 8D Disallowance

December 29, 2025 180 Views 0 comment Print

The ITAT held that earning significant exempt dividend income necessarily involves indirect administrative expenses. In the absence of separate books, the AO rightly applied Rule 8D to compute disallowance.

RBI (All India Financial Institutions – Income Recognition, Asset Classification and Provisioning) Directions, 2025

December 29, 2025 1185 Views 0 comment Print

New prudential norms tighten NPA identification, borrower-wise classification, and day-end tagging. The key takeaway is uniform, objective recognition to curb evergreening.

Genuine Member Cash Transactions Protected by Reasonable Cause Rule

December 29, 2025 402 Views 0 comment Print

The issue was whether penalties under sections 271D and 271E apply to cash dealings of a credit society with its members. ITAT held that genuine, audited member transactions supported by reasonable cause are protected under section 273B.

Pre-Demonetisation Withdrawals Can Explain Post-Ban Cash Deposits

December 29, 2025 330 Views 0 comment Print

The issue was whether demonetisation-era deposits could be taxed despite admitted prior withdrawals. ITAT held that when withdrawals are genuine and the occasion is real, section 69A cannot be applied on presumptions.

Approval for One Issue, Reopening for Another Is Legally Fatal

December 29, 2025 261 Views 0 comment Print

The ITAT ruled that section 151 approval must strictly correspond to the recorded reasons for reopening. Any factual inconsistency reflects non-application of mind and collapses the reassessment at inception.

Mechanical Revenue Objections Rejected on Section 14A and MAT

December 29, 2025 270 Views 0 comment Print

The Tribunal held that no disallowance under Section 14A is warranted when exempt dividend arises incidentally from shares held as stock-in-trade in banking business. Applying Supreme Court precedents, it deleted the entire sustained disallowance, reaffirming that such income does not trigger Section 14A.

Commission @0.15% Reflects True Income in Entry Operations

December 29, 2025 432 Views 0 comment Print

The AO taxed entire bank credits despite accepting the assessee as an entry operator. ITAT ruled that fund rotations cannot be treated as unexplained once the nature of business is admitted.

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