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Archive: December, 2025

Posts in December, 2025

Analysis of Notifications & Circulars for Week ending 14th December 2025

December 22, 2025 2628 Views 0 comment Print

During the week of 8–14 December 2025, multiple regulatory authorities issued significant rulings, amendments, and clarifications across GST, customs, foreign trade, securities, insolvency, banking, and allied laws, though no updates emerged under income tax or MCA. GST developments were dominated by High Court and AAR rulings clarifying time limits on provisional attachment, tax rates, input […]

Project Completion Method Upheld, Revenue Appeal Dismissed

December 22, 2025 315 Views 0 comment Print

he assessee had already offered the same project income to tax in later years. The Tribunal held that taxing it again earlier would amount to double taxation. Key takeaway: timing disputes cannot justify taxing the same income twice.

Non-Compete Fee Allowed as Revenue Expense Because It Does Not Create Capital Asset

December 22, 2025 735 Views 0 comment Print

The Supreme Court held that non-compete payments facilitating efficient business operations are deductible under section 37(1) when no capital asset or profit-making structure is created.

Ex-Parte Assessment & NFAC Dismissal Set Aside; ITAT Pune Orders Fresh Adjudication

December 22, 2025 282 Views 0 comment Print

Swaroop Kudalkar Vs Assessment Unit (ITAT Pune) Ex-parte Assessment & NFAC Dismissal Set Aside in Legal Heir Case; Matter Remanded for Fresh Adjudication – ITAT Pune The Pune Bench of the ITAT, in Swaroop Kudalkar (Legal Heir of Late Roshan Kudalkar) vs. Assessment Unit (ITA No.2132/PUN/2025, AY 2020-21, order dated 18-12-2025), set aside the ex-parte […]

Section 148 Notice Invalid Without PCIT/PCDG Sanction After 3 Years

December 22, 2025 513 Views 0 comment Print

The Revenue argued for exclusion of the 148A show-cause period to justify approval. The Tribunal rejected this, holding that the exclusion proviso applies only prospectively from Finance Act 2023.

Section 69A Addition Deleted After NRI Husband’s Creditworthiness Established

December 22, 2025 330 Views 0 comment Print

The issue was unexplained partner capital contribution. The ITAT held that clear proof of funding by the NRI husband with sufficient creditworthiness bars addition under section 69A.

Deduction Allowed as Interest from Co-operative Bank Qualifies Under Section 80P(2)(d)

December 22, 2025 387 Views 0 comment Print

The Tribunal held that interest earned by a co-operative housing society from deposits with a co-operative bank is eligible for deduction, as the bank continues to be a co-operative society.

Income Tax Rectification Order Quashed for Missing DIN & Limitation Breach

December 22, 2025 498 Views 0 comment Print

The court set aside a rectification order passed without a DIN and beyond the statutory time limit. The ruling underscores that non-compliance with CBDT DIN rules renders such orders invalid.

Stay Application Rejected Without Reasons Set Aside as Non-Speaking Order by Bombay HC

December 22, 2025 447 Views 0 comment Print

The Court quashed a stay rejection that contained no reasoning or findings. The matter was remanded for fresh consideration with directions to pass a speaking order.

ITAT Mumbai denied Rectification as Later SC Ruling Not a ‘Mistake Apparent’

December 22, 2025 7884 Views 0 comment Print

The ruling clarifies that rectification powers are confined to patent errors and cannot be invoked to revisit decisions based on later changes in law.

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