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Archive: December, 2025

Posts in December, 2025

Rule 8D Disallowance Struck Down Because AO Acted Without Recorded Satisfaction

December 20, 2025 270 Views 0 comment Print

The ITAT held that Rule 8D cannot be invoked without first recording a clear dissatisfaction with the assessee’s working based on accounts. Mechanical application of the rule, without identifying specific expenditure linked to exempt income, was ruled invalid.

RBI (Urban Co-operative Banks – Credit Information Reporting) Directions, 2025

December 20, 2025 507 Views 0 comment Print

The regulator has made standardized credit reporting compulsory for UCBs across all credit bureaus. The key takeaway is tighter data quality, uniform formats, and faster, more transparent credit information updates.

Exemption Restored Because Form 10B Filed Within Extended Due Date

December 20, 2025 381 Views 0 comment Print

The ITAT held that filing Form 10B on the extended due date, especially during COVID-19 relief periods, cannot by itself defeat Section 11 exemption. Procedural delay cannot override substantive compliance.

RBI (Urban Co-operative Banks – Concentration Risk Management) Directions, 2025

December 20, 2025 1341 Views 0 comment Print

New norms cap borrower and group exposures based on Tier-I capital to prevent over-concentration. The key takeaway is stronger balance-sheet resilience through diversified lending.

Appeals Revived as AO’s Effect Orders Fall Under Section 143/144

December 20, 2025 624 Views 0 comment Print

Chennai ITAT held that dismissing appeals as non-maintainable was erroneous. Orders giving effect to appellate directions retain their character as assessment orders.

Section 153C Six-Year Block Runs From Satisfaction Note Date

December 20, 2025 258 Views 0 comment Print

The question was whether the extended ten-year window under Section 153C could be invoked. The Tribunal held that where the satisfaction note shows escaped income below ₹50 lakh, the extended limitation is unavailable.

388-Day Delay Condoned; Case Remanded for Fresh Hearing

December 20, 2025 180 Views 0 comment Print

The ITAT noted that cash-flow statements showing withdrawal–redeposit nexus were not examined. Non-consideration of material evidence warranted remand.

Wrong Officer Issuing Section 143(2) Voids Entire Assessment

December 20, 2025 477 Views 0 comment Print

The ITAT held that a notice under Section 143(2) issued by a non-jurisdictional officer is invalid. Such a defect strikes at the root of the assessment and cannot be cured.

Affidavits Alone Cannot Displace Proceeds of Crime Presumption

December 20, 2025 216 Views 0 comment Print

The issue was whether handwritten lists and affidavits of relatives were sufficient to explain cash deposits. The Tribunal ruled that self-serving documents without independent corroboration carry no evidentiary value under PMLA.

Long Service Ignored, Unequal Treatment Corrected Using Article 142

December 20, 2025 339 Views 0 comment Print

The Supreme Court ruled that denying regularization to certain ad-hoc employees while others were regularized was discriminatory. The Court reinstated the affected staff and granted full employment benefits under Article 142.

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