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ITAT Deletes ESOP Disallowance but Remands TP Comparables Over Functional Mismatch

December 12, 2025 441 Views 0 comment Print

ITAT Bangalore allowed deduction of ₹55.4 crore ESOP expenses under section 37, holding it as employee compensation cost. ESOP costs may be deductible even if cross-charged from parent company.

ESOP Disallowance Deleted; LTCG on Kodaikanal Land Remanded for Re-Examination

December 12, 2025 447 Views 0 comment Print

ITAT Delhi allowed ESOP expenses of Rs. 54 lakh, emphasizing adherence to accounting principles and SEBI guidelines. Prior judicial precedents guided deletion of the AO’s disallowance.

Section 7 Insolvency Admitted as Default Crosses ₹1 Cr & Debtor Fails to Appear

December 12, 2025 477 Views 0 comment Print

The Tribunal admitted a Section 7 insolvency petition after finding default exceeding ₹1 crore and noting the debtor’s non-appearance. Key takeaway: uncontroverted financial debt and default mandate CIRP admission.

Recovery Beyond 20% of Disputed Income Tax Demand Unlawful: Calcutta HC

December 12, 2025 1119 Views 0 comment Print

The Calcutta High Court held that recovering more than 20% of a disputed tax demand from other refunds while an appeal is pending is impermissible. The ruling directs the Income Tax authorities to refund the excess amount.

Supplier’s GST Registration Cancellation Post purchases not Affect Valid ITC Claims

December 12, 2025 15204 Views 1 comment Print

The Court ruled that ITC reversal is unsustainable when the supplier was registered and tax was duly paid. The petitioner’s ITC claim was upheld as legitimate.

Delhi HC Rejects ‘Old and Used’ Gold Claim, Directs Passenger to Appeal

December 12, 2025 384 Views 0 comment Print

The judgment clarified the distinction between personal and newly purchased gold, allowing the petitioner to contest confiscation under customs regulations.

Section 11 Exemption Cannot Be Denied for Missing Registration Details in ITR

December 12, 2025 642 Views 0 comment Print

ITAT allowed exemption under Section 11, holding that Revenue cannot deny benefits due to clerical omission of registration details. Key takeaway: procedural mistakes should not override substantive law.

GST Appeal Restored as 10% Recovery Meets Statutory Pre-Deposit Requirement

December 12, 2025 816 Views 0 comment Print

Court allows appeal despite earlier dismissal for non-compliance with statutory pre-deposit, noting recovery of over 10% of disputed tax satisfies the condition. Key takeaway: partial pre-deposit enables merits hearing.

Income tax appeal cannot be rejected solely for non-appearance by CIT(A) Kerala HC

December 12, 2025 573 Views 0 comment Print

The Court ruled that an income tax appeal cannot be rejected solely for non-appearance. The matter was remanded because the appellate authority failed to examine the issues raised under Section 250(6).

276CC Prosecution: HC Upheld Income Tax Dept Notices Under Section 91 Cr.P.C.

December 12, 2025 480 Views 0 comment Print

The court upheld the trial court’s decision permitting the Income Tax Department to place additional notices on record. Key takeaway: Section 91 Cr.P.C. may be invoked at any stage for documents necessary for fair adjudication.

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