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Archive: December, 2025

Posts in December, 2025

Section 80JJAA Deduction Cannot Be Fully Denied for Partial 240-Day Non-Compliance

December 25, 2025 411 Views 0 comment Print

The issue was whether the entire Section 80JJAA deduction could be rejected when some employees failed the 240-day condition. The Tribunal held that only ineligible employees’ costs can be disallowed, not the whole claim.

GST Refund Refund Claims Filed Within Limitation Cannot Be Denied Due to Cut-Off Date

December 25, 2025 336 Views 0 comment Print

The Court held that refund claims filed within statutory limitation cannot be rejected merely due to filing after a cut-off date, striking down the impugned circular and directing refund processing.

Capital Gains Taxable Despite Gram Panchayat Certificate When Land Is Within 8 km of Municipality

December 25, 2025 681 Views 0 comment Print

The Tribunal examined whether agricultural land qualified as a non-capital asset and upheld taxation after finding it within the prescribed municipal distance. The ruling reiterates that physical verification and reliable evidence prevail over unsupported certificates.

GST Order Stayed for Denial of Mandatory Personal Hearing Under Section 75(4)

December 25, 2025 390 Views 0 comment Print

The High Court stayed a GST demand where the assessee alleged denial of a personal hearing under Section 75(4). The case turns on whether service through the portal sufficed after registration cancellation.

Section 74 GST Proceedings Quashed for Absence of Fraud or Suppression

December 25, 2025 1233 Views 0 comment Print

The court set aside tax and penalty proceedings initiated solely because the supplier’s GST registration was earlier cancelled. It held that once the registration was restored and transactions were supported by evidence, Section 74 action could not survive.

Reassessment Quashed as Deduction Under Section 80P(2)(d) Was Legally Allowable

December 25, 2025 303 Views 0 comment Print

The Court held that reassessment was invalid where deduction under Section 80P(2)(d) was lawfully claimed by a co-operative society. It ruled that interest from co-operative banks remains deductible when the assessee is not a co-operative bank.

Bona fide errors made while filing GSTR-3B are allowed to be corrected

December 25, 2025 789 Views 0 comment Print

Karnataka High Court held that bona fide error made while filing return in Form GSTR3B are allowed to be corrected. Further, it is held that such bona fide errors cannot be sole ground for initiating proceedings u/s. 73 of the GST Act.

Reassessment Quashed for Borrowed Satisfaction in Alleged Accommodation Entry Case

December 25, 2025 750 Views 0 comment Print

The dispute concerned profits alleged to arise from non-genuine option trades. The Tribunal held that reassessment failed because the AO did not independently examine or correlate the information to the assessee’s case.

Rubber Replantation & Upkeep Costs Held Revenue Expenditure After Full Bench Ruling

December 25, 2025 222 Views 0 comment Print

The Court ruled that expenses on replantation and upkeep are revenue in nature and eligible for deduction. It followed the Full Bench decision which overruled the earlier restrictive interpretation.

Customs Adjudication Not Invalid Merely for Non-Communication of Time Extension: Delhi HC

December 25, 2025 396 Views 0 comment Print

HC held that Section 28 of Customs Act does not mandate communication of an extension order for adjudication. Delayed adjudication was upheld, leaving importer to pursue statutory appeal.

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