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ITAT Rejects Bogus Debtors Theory: Rs. 65.19 Lakh Addition Deleted for Lack of Evidence

December 12, 2025 285 Views 0 comment Print

The Tribunal held that additions based solely on earlier-year assumptions cannot sustain without year-specific evidence. It found no material to show that current-year sales or debtors were bogus. The takeaway is that assessments must be supported by concrete evidence, not presumptions.

ITAT Deletes Section 69 Additions Over Unsupported On-Money Claims

December 12, 2025 591 Views 0 comment Print

ITAT Mumbai deleted Section 69 additions as the Revenue relied only on uncorroborated statements and pen-drive data from third parties, violating natural justice. Suspicion alone cannot justify tax additions.

Deduction Denied for Non-Lending Income: Supreme Court Restricts Section 36(1)(viii) to First-Degree Lending Profits

December 12, 2025 537 Views 0 comment Print

The Court held that dividend income, bank-deposit interest, and SDF service charges are not derived from long-term finance. Only direct lending profits qualify for the deduction.

Delay Doesn’t Prove Dispute: SC Clarifies Section 9 IBC Standard, Restores CIRP

December 12, 2025 657 Views 0 comment Print

The Supreme Court held that the corporate debtor’s alleged pre-existing dispute lacked any factual basis and reinstated NCLT’s CIRP admission. The ruling reaffirms that illusory or unsupported defences cannot defeat a Section 9 IBC claim.

SC Holds Expired Mandate Cannot Be Revived – Substitution Ordered Under Section 29A(6)

December 12, 2025 465 Views 0 comment Print

The Court held that once the statutory deadline expires, an arbitrator becomes functus officio and cannot be granted a fresh extension. It ordered substitution under Section 29A(6), reinforcing strict timelines for arbitral awards.

₹37.80 crore Forfeiture Upheld by SC Because Buyer Missed Timelines under IBC

December 12, 2025 318 Views 0 comment Print

The Court ruled that failure to meet strict payment deadlines in an IBC-supervised sale justified full forfeiture. It held that such sales are governed by IBC and NCLT orders, not Contract Act protections.

Supreme Court Sets Aside Contempt Punishment for Genuine Remorse

December 12, 2025 435 Views 0 comment Print

SC emphasized that contempt power is not a sword to silence criticism but includes the power to forgive when remorse is genuine. The High Court wrongly imposed punishment despite an unconditional apology and resignation by the contemnor.

ITAT Bangalore Upholds Tax on Waived Trade Liabilities and Unexplained Purchases

December 12, 2025 216 Views 0 comment Print

The Tribunal held that once the assessee’s own ledger reflected a creditor’s write-off, Section 41(1) was automatically triggered. The waiver in books = taxable cessation of liability.

Section 80G Cannot Be Denied Merely for Possibility of Overseas Application: ITAT Orders Approval

December 12, 2025 375 Views 0 comment Print

The Tribunal ruled that incidental foreign expenditure does not bar 80G approval, emphasizing that only the main charitable activities’ genuineness matters for registration.

POSH Act Interpretation: Supreme Court Rejects Jurisdictional Limits for ICCs

December 12, 2025 447 Views 0 comment Print

The Supreme Court ruled that ICCs can inquire into complaints against employees from different departments, ensuring procedural protections under the POSH Act are maintained for aggrieved women.

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