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Archive: December, 2025

Posts in December, 2025

Delhi ITAT Holds Sec.50C Inapplicable to Buyer; Repayment of Loans Quells Sec.68 Doubts—Additions Deleted

December 1, 2025 225 Views 0 comment Print

The Tribunal held that reopening based on Section 50C was unsustainable because the provision applies only to sellers, not purchasers of property. With the very foundation of reassessment failing, the addition based on circle-rate difference was deleted. The ruling underscores that incorrect legal assumptions cannot justify reopening under Section 147.

Mark ‘SoEasy’ being suggestive in nature is liable to be protected under Trade Marks Act

December 1, 2025 441 Views 0 comment Print

Delhi High Court held that the mark ‘SoEasy’ for Hindi language learning is suggestive in nature and it is settled law that suggestive Trade Marks are liable to be protected under the Trade Marks Act, 1999. Accordingly, appeal is allowed and order is set aside.

Preponderance of Probability Not Enough—Share Transactions Genuine, Section 68 Addition Deleted

December 1, 2025 252 Views 0 comment Print

The Tribunal deleted the Section 68 addition after finding no material linking the assessee to any accommodation-entry scheme. All documentary evidence—demat records, broker notes, and banking channels—supported genuine share transactions. The ruling reiterates that suspicion or probability cannot override verified evidence.

Bail in bogus firm and passing of fraudulent GST ITC due to prolonged custody

December 1, 2025 594 Views 0 comment Print

Punjab and Haryana High Court granted bail to the person accused in matter of bogus firms and passing of fraudulent Input Tax Credit under GST since claims are yet to be proved and accused has been in prolonged custody.

Resolution plan post approval of CoC and meeting Section 30(2) requirement stands approved

December 1, 2025 639 Views 0 comment Print

NCLT Mumbai held that resolution plan of Unijules Life Sciences Limited [Corporate Debtor] as submitted by S.S. Fabricators & Manufacturers P. Ltd. [Successful Resolution Applicant] approved since it is duly approved by CoC and also meets requirement of Section 30(2) of the IBC.

Suspicion Not Evidence: ITAT Strikes Down Addition Based on “Average Cash Deposit” Theory

December 1, 2025 366 Views 0 comment Print

The ITAT held that cash deposits during demonetisation could not be taxed u/s 68 when all sales were recorded, verified, and supported by stock and VAT records. Since books were audited, accepted, and showed no defect, the addition of ₹12.20 crore based on mere averages was unsustainable. The ruling confirms that documented cash sales cannot be taxed again as unexplained cash credit.

Export of Used Capital Goods – Whether ITC Reversal under Section 18(6) Required?

December 1, 2025 1839 Views 2 comments Print

Explains why ITC reversal is still mandatory when capital goods are exported and clarifies how Section 18(6) operates despite zero-rating benefits.

Important Clarification on Disclosure of ITC Reclaimed in FY 25–26 of FY 24-25

December 1, 2025 9738 Views 0 comment Print

Explains the updated reporting structure for ITC reclaimed in FY 2025–26, clarifying which tables apply for Rule 37/37A and other reversals.

Evolving Liability Framework of Personal Guarantors Under IBC, 2016

December 1, 2025 1026 Views 1 comment Print

Explains how recent judicial interpretations under the Code have strengthened creditor rights by upholding independent and co-extensive guarantor liability.

Judicial View on Zero-Coupon Instruments & Section 7 IBC Maintainability

December 1, 2025 657 Views 0 comment Print

Explains how courts held that even interest-free debentures may qualify as financial debt if they show the commercial effect of borrowing, allowing Section 7 applications by trustees.

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