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Archive: December, 2025

Posts in December, 2025

Licence Fee & Goodwill Payment Allowed as Business Expense Since Not Prohibited by Law

December 22, 2025 300 Views 0 comment Print

The Court rejected the argument that goodwill payments amounted to prohibited fee sharing and dismissed the Revenue’s appeals.

Proviso to Section 2(15) Inapplicable to Solar Energy Promotion Activities: ITAT Delhi

December 22, 2025 285 Views 0 comment Print

Noting that exemption was allowed in multiple subsequent years on identical facts, the Tribunal rejected the Revenue’s stand. The addition and denial of exemption were accordingly set aside.

SC Seeks Explanation from UP Bar Council on ₹2,500 Oral Interview Fee

December 22, 2025 294 Views 0 comment Print

Court issued notice after allegations that enrolment rules were bypassed through paid oral interviews, and sought an explanation from the State Bar Council.

Freight Addition Based on Assumptions Unsustainable; Co-Noticee Penalties Set Aside: CESTAT Mumbai

December 22, 2025 6144 Views 0 comment Print

In the absence of any stay or reversal of an earlier binding order, the Tribunal followed settled precedent. Penalties imposed on co-noticees were therefore set aside along with the impugned order.

Delhi HC Quashed GST Demand Due to No Agent Liability for Services Under CGST Act

December 22, 2025 5751 Views 0 comment Print

The Delhi High Court set aside a ₹45.36 crore GST demand after the Finance Ministry clarified that Section 86 of the CGST Act imposes joint liability only for goods, not services. The ruling confirms that agents cannot be taxed for services supplied by the principal without statutory backing.

Gross Receipts Taxed Without Expense Deduction: Demand Stayed by Bombay HC

December 22, 2025 564 Views 0 comment Print

The Bombay High Court stayed the entire tax demand after finding that authorities taxed gross receipts without deducting expenditure. The ruling reiterates that only real income can be brought to tax.

Section 263 Revision Upheld as AO Taxed Only TDS Credit Instead of Undisclosed Commission

December 22, 2025 186 Views 0 comment Print

The ITAT held that taxing only TDS credit, while leaving the underlying undisclosed commission untaxed, is a patent error. Section 263 revision was rightly invoked to protect revenue.

PCIT Cannot Invoke Section 263 When AO Took a Plausible View After Verification of Goodwill Claim

December 22, 2025 198 Views 0 comment Print

The ITAT held that revision under Section 263 was invalid because the Assessing Officer had conducted detailed enquiries into goodwill depreciation. A plausible view taken after scrutiny cannot be branded as erroneous.

Transfer Pricing on Power Supply Must Use Gross Electricity Tariff, Not Base Rate: ITAT Hyderabad

December 22, 2025 264 Views 0 comment Print

ITAT held that arm’s length price for electricity supplied to related entities must be benchmarked against the gross tariff charged by the State Electricity Authority. Excluding mandatory charges distorts comparability and is impermissible.

GST Pre-Deposit Upheld as Mandatory Despite GSTAT Not Being Operational: Calcutta HC

December 22, 2025 405 Views 0 comment Print

The court examined whether pre-deposit under Section 112 could be enforced when the GST Tribunal was not yet functional. It held that the statutory requirement of pre-deposit still applies and upheld the interim direction.

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