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Archive: December, 2025

Posts in December, 2025

Post consent of borrowers no strict adherence to procedural requirements under SARFAESI required

December 26, 2025 555 Views 0 comment Print

Delhi High Court held that strict adherence to the procedural requirements under the SARFAESI Act and Rules 8 and 9 of the SARFAESI Rules cannot be insisted, as the sale of the secured asset was undertaken with the unequivocal consent of the borrowers. Accordingly, appeal is allowed.

Section 66 of IBC ingredients proved as intention to defraud creditors established

December 26, 2025 486 Views 0 comment Print

NCLAT Delhi held that intention to defraud creditors of Corporate Debtor was based on documentary evidence, accordingly, all the ingredients under section 66 of the Insolvency and Bankruptcy Code are attracted. Thus, appeal lacks merits and hence dismissed.

Revision u/s. 263 for non-verification of notional interest not justified as it is taxable only on maturity

December 26, 2025 390 Views 0 comment Print

ITAT Chandigarh held that initiation of revisionary proceeding under section 263 of the Income Tax Act for non-verification of notional interest cannot be justified since notional interest is not liable to be taxed in current year but is taxable only upon maturity hence there cannot be any evasion of tax.

QNET Positions Itself for a New Generation of Gen-Z Micro-Entrepreneurs

December 26, 2025 3882 Views 1 comment Print

The case highlights how young entrepreneurs are choosing direct selling for time flexibility and digital-first operations. It shows how platform-based models enable income alongside education or employment.

EPFO Allows Transgender Identity Certificates for Name & Gender Corrections

December 26, 2025 531 Views 0 comment Print

EPFO has approved acceptance of transgender identity certificates for name and gender corrections. The move strengthens inclusivity while easing member profile updates.

Comparable Excluded Due to Functional Dissimilarity in Software Development Transfer Pricing

December 25, 2025 690 Views 0 comment Print

Tribunal held that a company engaged in diversified IT consultancy and transformation services cannot be compared with a routine software development service provider

Deemed Dividend Not Attracted Because Advances Arose from Genuine Commercial Transactions

December 25, 2025 384 Views 0 comment Print

The Tribunal held that advances linked to regular business dealings such as sale of timeshare weeks cannot be taxed as deemed dividend, reaffirming that commercial transactions fall outside section 2(22)(e)

Loan Without Written Agreement Qualifies as Financial Debt Due to Time Value of Money: NCLAT Delhi

December 25, 2025 633 Views 0 comment Print

NCLAT ruled that commercial borrowing with agreed interest constitutes financial debt even without a formal loan agreement

Section 263 Revision Quashed as AO Examined Depreciation on Goodwill: Gujarat HC

December 25, 2025 666 Views 0 comment Print

The issue was whether depreciation on goodwill arising from demerger was wrongly allowed. The Court held that since the Assessing Officer had made due enquiries and taken a plausible view, revision under Section 263 was invalid.

Revised Form 10 Filed During Assessment Held Valid for Accumulation Claim of Trust

December 25, 2025 678 Views 0 comment Print

The Tribunal ruled that revising Form 10 during assessment does not invalidate a trust’s accumulation claim when the original form was filed on time. The key takeaway is that revised filings before assessment completion are permissible.

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