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Archive: December, 2025

Posts in December, 2025

Once Limitation Ends, TPO Route Cannot Extend Assessment Time

December 27, 2025 621 Views 0 comment Print

The Tribunal held that a transfer pricing reference made after expiry of assessment limitation is void. Once time has run out under section 153, subsequent TPO action cannot resurrect the assessment.

Order of Competent Authority granting or refusing sanction u/s. 151 is not appealable order

December 27, 2025 417 Views 0 comment Print

Uttarakhand High Court held that order of the Competent Authority granting sanction or approval or refusing to grant sanction or approval u/s 151 of the Income Tax Act of 1961 is neither a revisable order, nor an appealable order.

Section 148A Proceedings Cannot Cure Invalid Old Reassessment Notice

December 27, 2025 960 Views 0 comment Print

The Tribunal ruled that once the original notice itself is jurisdictionally invalid, later compliance with section 148A is irrelevant. Foundational defects cannot be remedied procedurally.

Levy of interest on delayed filing of GST return not justified as cash deposit before due date and ITC available

December 27, 2025 609 Views 0 comment Print

Karnataka High Court held that levy of interest u/s. 50 of the Central Goods and Services Tax Act, 2017 on delayed filing of return not justified as cash is deposited to Electronic Cash Ledger on or before the due date and the amount towards tax by way of Electronic Credit Ledger was available in the Electronic Credit Ledger.

Final assessment order u/s. 153A without issuance of draft assessment order u/s. 144C is void

December 27, 2025 600 Views 0 comment Print

ITAT Chandigarh held that passing of final assessment order under section 153A of the Income Tax Act without issuing draft assessment orders under section 144C of the Income Tax Act is untenable. Accordingly, final assessment order u/s. 153A is quashed.

Bogus Purchases Don’t Justify 100% Addition When Sales Are Accepted

December 27, 2025 513 Views 0 comment Print

The Tribunal held that when sales are not disputed, the entire value of alleged bogus purchases cannot be added under section 69C. Only the embedded profit element is taxable.

Participation Does Not Validate Notice Issued by Wrong Officer

December 27, 2025 231 Views 0 comment Print

The assessment was quashed because the mandatory notice under section 143(2) was issued by an officer lacking jurisdiction. The ruling confirms that jurisdiction must exist at the notice stage itself.

Survey-Based Suspicion Not Enough: AMP & Credit-Note Payments Allowed by ITAT

December 27, 2025 246 Views 0 comment Print

The Tribunal ruled that AMP expenses incurred by a brand-owning trader cannot be allocated to contract manufacturers without proof of obligation or agreement. Tax incentives enjoyed by related entities alone were held insufficient.

FAQs on key accounting implications arising from New Labour Codes

December 27, 2025 4428 Views 0 comment Print

The FAQs clarify how the 50% wage rule increases gratuity and leave liabilities and why these changes must be treated as past service costs under accounting standards.

Anti-Dumping Duty on PET Resin Extended Pending Review

December 26, 2025 1041 Views 0 comment Print

The government has extended the existing anti-dumping duty on specific PET resin imports from China during a sunset review. The measure ensures continued protection for domestic producers until a final decision is taken.

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