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Gujarat HC directed CBDT to extend ITR filing due date to 30th November 2025

October 14, 2025 1608 Views 0 comment Print

HC directed CBDT to issue a circular extending due date for filing income tax returns to 30th November 2025, especially for taxpayers required to file audit reports for assessment year 2025-26, in line with extension of specified date to 31st October 2025.

Banking Business Allowed: ITAT Confirms Amortization and Standard Asset Provisions are Deductible

October 14, 2025 501 Views 0 comment Print

The Tribunal confirmed a co-operative banks use of a mixed accounting system (mercantile/receipt basis) for NPA interest, prioritizing consistency and adherence to RBI/NABARD prudential norms over the AOs theoretical objection. This ruling solidifies that regulatory requirements trump mechanical accounting changes.

Technical Win for Revenue, Substance Win for Taxpayer: ITAT Restores Deductions on Merits

October 14, 2025 378 Views 0 comment Print

The ITAT deleted additions in a search assessment, ruling that the AO couldn’t disallow depreciation or sub-contract expenses solely based on an unverified third-party statement without granting the assessee cross-examination. The Tribunal emphasized that denial of natural justice and reliance on suspicion cannot replace documentary evidence, such as bank payments and TDS.

Taxpayer Wins Penalty Appeal: Full Disclosure Exempts International Tax Addition from Section 270A

October 14, 2025 798 Views 0 comment Print

The ITAT deleted penalties under both Sections 271(1)(c) and 270A, ruling that merely making a bona fide but ultimately unsustainable tax claim under the India-UK DTAA does not attract a penalty. The Tribunal held that a difference in legal interpretation, especially in complex international tax issues, does not constitute concealment or misreporting of income.

PF Contribution Delay Excused: Doctrine of Impossibility Overrides Rigid Tax Rule

October 14, 2025 687 Views 0 comment Print

The ITAT deleted the disallowance under Section 36(1)(va) for a one-day delay in depositing employees PF contribution. The ruling held that the delay was due to a technical failure of the EPFO portal, not the taxpayers fault, successfully invoking the doctrine of impossibility over the strict ruling in Checkmate Services.

Search Assessment Additions Deleted: ITAT Voids High-Pitched Estimates Without Evidence Reason

October 14, 2025 300 Views 0 comment Print

The ITAT confirmed that even where technical jurisdiction exists (i.e., abated years), high-pitched additions must be examined on substantive merits, finding the AOs reliance on conjecture and arbitrary estimations unsustainable. This judgment serves as a strong precedent that mere jurisdiction under Section 153A doesn’t grant a license for evidence-less or double taxation.

Trade Promotion is Genuine Charity: ITAT Rejects Section 2(15) Proviso on Cost Recovery Reason

October 14, 2025 609 Views 0 comment Print

The ITAT restored the Section 11 exemption, ruling that the Diamond Bourse’s cost-recovery activities are purely facilitative and do not constitute “trade, commerce, or business” under the restrictive proviso to Section 2(15). The Tribunal held that genuine General Public Utility (GPU) organizations operating on a non-profit, cost-recovery basis are not affected by the amendment.

54B Exemption Denied Review: CIT(A) Ordered to Examine Revenue Records and Crop Details Reason

October 14, 2025 534 Views 0 comment Print

The ITAT set aside a CIT(A) order that allowed a Section 54B capital gains exemption, because the CIT(A) copied a co-owners case ruling without independently verifying the factual evidence of agricultural use. The Tribunal reiterated that the burden to prove agricultural use rests on the assessee and remanded the matter for a fresh, reasoned decision based on factual findings.

PF/ESI Disallowance: Checkmate Ruling Applies Retrospectively, ITAT Confirms Reason

October 14, 2025 1524 Views 0 comment Print

The ITAT upheld the disallowance of delayed employee contributions to PF/ESIC, ruling that the Supreme Courts Checkmate Services judgment is retrospective unless explicitly stated otherwise by the SC itself. The Tribunal confirmed that the doctrine of prospective overruling cannot be invoked by the assessee, as the ruling merely interprets the law as it always existed.

CIRP against Gupta Power Infrastructure Ltd. admitted as default of Rs. 2888 crore proved

October 14, 2025 2250 Views 0 comment Print

NCLT Kolkata held that application under section 7 of the Insolvency and Bankruptcy Code for initiation of Corporate Insolvency Resolution Process [CIRP] against Gupta Power Infrastructure Limited [Corporate Debtor] admitted for default of Rs. 2888 Crore.

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