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Archive: December, 2025

Posts in December, 2025

Only Real Income Taxable; ITAT Mumbai Deletes Addition, Section 11 Denial Academic

December 22, 2025 579 Views 0 comment Print

The Tribunal ruled that a trust reporting a loss cannot be taxed on gross receipts. The addition by the AO was deleted, emphasizing that only net income is relevant for taxation under section 11.

ITC on Commercial Buildings for Leasing Overturned by Retrospective Section 17(5)(d) Amendment

December 22, 2025 1785 Views 1 comment Print

ITC on Construction of Commercial Buildings for Leasing: Landmark Supreme Court Ruling Overturned by Retrospective Amendment to Section 17(5)(d) The Safari Retreats Pvt Ltd V/s. Chief Commissioner of CGST case is a landmark in clarifying the availability of Input Tax Credit (ITC) for leasing-based business models under GST. The dispute arose when ITC on GST […]

Confidentiality in Arbitration – Myths vs Reality

December 22, 2025 300 Views 0 comment Print

Explores how arbitration is often perceived as confidential, but legal and public interest obligations frequently limit this privacy. The takeaway: confidentiality is relative, not absolute.

CA’s Non-Cooperation Held Sufficient Cause; Delhi ITAT Condoned 85-Day Delay

December 22, 2025 1242 Views 0 comment Print

The ITAT held that professional lapse by a Chartered Accountant is a sufficient cause, condoning an 85-day delay and restoring the appeal.

Cost Audit Applicability on Pharma Industry

December 22, 2025 618 Views 0 comment Print

Cost audit applies to pharma companies crossing prescribed turnover limits, ensuring transparency and compliance with price controls under the DPCO.

Appeal Cannot Be Dismissed for Non-Appearance Without Merits Review: ITAT Chennai

December 22, 2025 297 Views 0 comment Print

The Tribunal ruled that appellate authorities must decide appeals on merits, even if the taxpayer does not appear, reinforcing the mandate of Section 250(6).

Limitation Runs from Date of Knowledge; Cash Deposit Appeal restored

December 22, 2025 519 Views 0 comment Print

The ITAT ruled that appeal limitation must be counted from the date the taxpayer gains knowledge of the order, setting aside dismissal wrongly made on delay grounds.

Section 148 Notice Invalid Because Dispatch Date, Not Signature Date, Determines Issuance

December 22, 2025 723 Views 0 comment Print

The ITAT held that a reassessment notice dispatched after the new law took effect must follow Section 148A, and failure to do so invalidates the entire proceedings.

Consultant Lapse & Health Issues Sufficient Cause: Chennai ITAT Condoned 261-Day Delay

December 22, 2025 333 Views 0 comment Print

The ITAT held that professional negligence and continuous medical problems constitute sufficient cause, condoning a 261-day delay and reviving the appeal.

E-Commerce Sellers & GST: Red Flags That Trigger Notices

December 22, 2025 1632 Views 0 comment Print

Highlights the most common GST triggers for online sellers, including GSTR mismatches, ITC issues, and credit note errors, helping businesses prevent notices and penalties.

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