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Archive: 12 January 2026

Posts in 12 January 2026

Section 68 Addition Fails Once Identity and Source Are Proved: ITAT Delhi

January 12, 2026 594 Views 0 comment Print

The Tribunal held that unexplained cash credit addition cannot survive once identity, genuineness, and creditworthiness are established through documentary evidence. The key takeaway is that mere low income of creditors is insufficient without contrary investigation.

FEMA Section 9 Explained: Key Exemptions on Foreign Exchange Retention & Repatriation

January 12, 2026 954 Views 0 comment Print

This article explains how Section 9 exempts certain foreign exchange holdings from repatriation duties. The key takeaway is that RBI-prescribed limits and conditions determine when retention is lawful.

Analysis of Notifications & Circulars for Week ending 11th January 2026

January 12, 2026 753 Views 0 comment Print

Income tax exemptions, GST clarifications, and penalty rulings dominated the week. Courts and authorities reinforced substance over form in compliance matters.

How Bank Employees Can Claim Refund of Leave Encashment Tax Paid Before 01.04.2023 (Section 10(10AA) ₹25 Lakh Limit)

January 12, 2026 1482 Views 1 comment Print

This article explains the revised ₹25 lakh exemption limit under Section 10(10AA). The key takeaway is that while the benefit is clear for recent years, earlier cases require careful legal evaluation.

Joint Venture Disputes Between Landowner & Developer Fall Outside RERA Ambit: MPREAT

January 12, 2026 345 Views 0 comment Print

Joint Venture Disputes Between Landowner and Developer Fall Outside the Ambit of RERA: MPREAT in Bhopal Development Authority vs. Roop Laxmi Singh (2026) The Madhya Pradesh Real Estate Appellate Tribunal (MPREAT), in its decision dated 08 January 2026 in Bhopal Development Authority v. Roop Laxmi Singh, has authoritatively clarified that disputes arising out of joint […]

Agricultural Income Taxation in India: Constitutional Framework, Judicial Tests & Practical Realities

January 12, 2026 1074 Views 0 comment Print

This article explains why agricultural income lies outside the Income-tax Act and how constitutional provisions grant exclusive taxing powers to States. It highlights the practical limits of this exemption through judicial interpretation.

SC’s Landmark Judgement: Protecting Rights of Bona Fide Buyer under DVAT

January 12, 2026 828 Views 2 comments Print

The Court held that a genuine buyer cannot lose ITC merely because the seller failed to deposit tax. The key takeaway is that liability must fall on the defaulter, not the innocent purchaser.

Income Tax Act, 2025: Your business preparation before 1st April, 2026

January 12, 2026 1311 Views 2 comments Print

The new Income Tax Act, 2025 reshapes compliance from 1 April 2026 without changing tax rates. Businesses must realign systems, processes, and teams to avoid transition risks.

Jurisprudential & Economic Case for Differential Works Contract Taxation in GST

January 12, 2026 453 Views 0 comment Print

Treating all works contracts as services at 18% ignores their composite nature. The key takeaway is that uniform taxation can penalise material-heavy and merit-based projects.

Mandatory Pre-Deposit Under GST Appeals: Critique of Section 107(6)

January 12, 2026 639 Views 0 comment Print

Section 107(6) of the CGST Act enforces a fixed pre-deposit for appeals. The key takeaway is the growing concern that rigid uniformity may undermine access to justice in high-value disputes.

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