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Archive: December, 2025

Posts in December, 2025

Cash Payment Disallowance Rejected Due to Valid 40A(3) Relief

December 21, 2025 357 Views 0 comment Print

The Tribunal held that ritualistic approval under section 153D, without application of mind, vitiates search assessments. Mandatory supervisory approval must reflect genuine examination of draft orders.

Revenue Appeal Dismissed Due to Wrong Forum Selection

December 21, 2025 189 Views 0 comment Print

The ITAT held that appeals must be filed before the correct jurisdictional bench. An appeal filed before the wrong Tribunal is liable to dismissal at the threshold.

Section 148 Notice Invalid Because PCCIT Approval Was Mandatory

December 21, 2025 909 Views 0 comment Print

The ITAT held that approval under section 151 by an incompetent authority invalidates reassessment. Sanction must strictly follow statutory hierarchy.

Section 263 Invoked for Failure to Verify Source of Cash Deposits

December 21, 2025 276 Views 0 comment Print

The Tribunal upheld revision after finding that the Assessing Officer accepted explanations without proper verification. The ruling stresses that insufficient enquiry can justify action under Section 263.

Registration Under U/s 12AB Cannot Be Denied Without Examining Trust Activities

December 21, 2025 192 Views 0 comment Print

The ITAT held that denying registration without adequate opportunity is invalid. Authorities must fairly examine replies and documents before rejection.

Gratuity Law Under New Labour Code: Analysis of Social Security Code, 2020

December 21, 2025 4041 Views 0 comment Print

The Social Security Code, 2020 extends gratuity benefits to fixed-term and gig workers, standardizes wage definitions, and mandates timely payments, enhancing employee financial security.

Long-Term Capital Loss Allowed on Tranche-Wise Share Analysis

December 21, 2025 165 Views 0 comment Print

The dispute concerned computation of capital gains on sale of shares affected by corporate actions. The Tribunal affirmed that detailed tranche-wise analysis and statutory indexation justified allowance of long-term capital loss.

Final Assessment Set Aside Due to Limitation Breach After Invalid TP Order

December 21, 2025 342 Views 0 comment Print

The Tribunal held that a transfer pricing order passed beyond statutory limitation is non est in law. As a result, the assessee ceased to be an eligible assessee under section 144C, making the final assessment beyond limitation and void.

Rejection of Books Not Enough to Sustain Section 271A Penalty

December 21, 2025 459 Views 0 comment Print

The Tribunal deleted a penalty imposed for alleged non-maintenance of accounts. It held that audited books, even if defective, do not attract penalty under Section 271A.

Penalty Quashed Due to Vague 271(1)(c) Notice Without Specifying Charge

December 21, 2025 306 Views 0 comment Print

The issue was whether a penalty could survive when the notice failed to specify the exact limb of section 271(1)(c). The ITAT held such ambiguity fatal, quashing the entire penalty as void.

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