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Archive: December, 2025

Posts in December, 2025

Refund Claim on Hold – New Risk Management Alert from Income Tax Department (AY 2025-26)

December 23, 2025 86955 Views 0 comment Print

Refunds for AY 2025–26 are being withheld after system-based risk checks detected discrepancies. Taxpayers are advised to review claims and file revised returns to unblock refunds.

Section 69A Addition of ₹1.86 Cr Set Aside for Lack of Verification of College Fee Collections

December 23, 2025 453 Views 0 comment Print

The ITAT set aside a ₹1.86 crore addition under section 69A for unexplained deposits, noting the deposits were likely student fees. The ruling emphasizes the need to verify exempt income before making tax additions.

ITAT Appeal Dismissed as Infructuous After HC Quashes Recall Under Section 254(2)

December 23, 2025 324 Views 0 comment Print

The High Court held that the Tribunal exceeded its limited powers under Section 254(2) by recalling a final order on merits. Once the recall was struck down, the original favourable order stood automatically restored.

Entire Share Sale Proceeds Can’t Be Taxed as Capital Gains: ITAT Visakhapatnam

December 23, 2025 318 Views 0 comment Print

The ITAT held that equity share purchases routed through the disclosed bank account cannot be treated as unexplained without proper verification. The AO was directed to provide transaction details and re-examine the source to avoid double additions.

Interest on Co-operative Bank FDs Still Eligible for 80P Deduction: ITAT Pune

December 23, 2025 588 Views 0 comment Print

The Tribunal held that interest earned by a co-operative credit society from fixed deposits with co-operative banks remains deductible under Section 80P(2)(a)(i). Such interest is attributable to the business of providing credit facilities to members, even after the Totgars ruling.

Disclosure During Search Not Enough to Invoke Section 271AAB, Penalty Set Aside

December 23, 2025 411 Views 0 comment Print

The Tribunal held that income admitted during search cannot be treated as undisclosed income unless supported by incriminating material found in the search. In the absence of such material, penalty under Section 271AAB cannot be sustained.

Voluntary Search Disclosure Alone Can’t Attract 271AAB Penalty: ITAT Hyderabad

December 23, 2025 342 Views 0 comment Print

Only income supported by cash actually found during search could attract penal consequences. The balance amount, unsupported by incriminating material, was held outside the scope of Section 271AAB.

Cash Labour Payments Cannot Be Disallowed on Guesswork: ITAT Pune

December 23, 2025 249 Views 0 comment Print

The Tribunal observed that rejection of audited books and disallowance of labour charges must be backed by concrete defects. Purely ad-hoc estimations based on minimum wages were held improper.

Section 43B Allows GST Deduction Once Payment Is Made & Late Payment Charges Not a Penalty

December 23, 2025 357 Views 0 comment Print

The Tribunal held that GST paid during the relevant year is allowable under Section 43B even if it relates to an earlier period. Since the amount was actually paid and not claimed earlier, disallowance was unjustified.

No Concurrent Jurisdiction Between FAO and JAO Under Reassessment Law: ITAT Visakhapatnam

December 23, 2025 645 Views 0 comment Print

The Tribunal found that notices issued manually by the jurisdictional officer contravene the faceless reassessment framework. There is no concurrent jurisdiction between faceless and jurisdictional officers. Any reassessment initiated this way is invalid from inception.

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