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Archive: 29 January 2026

Posts in 29 January 2026

Dual GST Action Not Permissible on Same Issue, Orders Set Aside: Karnataka HC

January 29, 2026 69 Views 0 comment Print

The Court held that once one GST authority initiates proceedings, the other cannot start fresh action on the same subject. State-issued orders were struck down for violating Section 6(2)(b).

Bail Granted by SC Due to Prolonged Custody and Trial Delay in GST Case

January 29, 2026 66 Views 0 comment Print

The Supreme Court granted bail noting over eight months of pre-trial custody, absence of charge framing, and likely delay in trial. The ruling balances offence gravity with the right to personal liberty.

SC Dismisses Tax Appeal as Developer Status Under Section 80IA Already Settled

January 29, 2026 51 Views 0 comment Print

The Court held that the Revenues challenge failed since the issue had been conclusively decided by the High Court earlier. Deduction under Section 80IA(4) remained available where the assessee was found to be a developer of infrastructure facilities.

Gujarat HC Allowed Section 80IA Deduction as Assessee Held to Be Infrastructure Developer

January 29, 2026 42 Views 0 comment Print

The Court held that findings of the appellate authorities clearly established the assessee’s role as a developer. With concurrent factual findings, the appeal was rejected for lack of any substantial legal question.

Retention Money Not Income Until Contract Conditions Are Met: SC

January 29, 2026 63 Views 0 comment Print

The issue was whether retention money credited and subjected to TDS accrues as income. SC, noting the HC ruling and IBC closure, left intact the principle that retention money is taxable only when received.

Retention Money Taxable Only After Right to Receive Crystallises: Calcutta HC

January 29, 2026 36 Views 0 comment Print

The issue was whether retention money credited and subjected to TDS accrued as income. The Court held that retention money is contingent on contract completion and not taxable until the right to receive crystallises.

No TDS on Stockist Discounts, ESOP Grants & MSME Interest: ITAT Mumbai

January 29, 2026 867 Views 0 comment Print

The Tribunal held that discounts given to stockists in pharmaceutical distribution are part of sale transactions on a principal-to-principal basis. As no commission was paid, TDS under section 194H was held inapplicable.

Delhi HC Quashed GST Assessment for Not Allowing Reply to Show Cause Notice

January 29, 2026 60 Views 0 comment Print

While not deciding the validity of the disputed notifications, the High Court granted relief due to lack of hearing.The adjudicating authority was directed to reconsider the case after receiving the taxpayers reply.

Karnataka HC Set Aside Ex Parte GST Adjudication for Fresh Decision After SLP Outcome

January 29, 2026 102 Views 0 comment Print

The High Court quashed an ex parte GST adjudication passed without personal hearing. The matter was remitted for fresh adjudication after the Supreme Court decides the pending challenge to limitation-extension notifications.

ITAT Chennai Allowed TDS Credit in Year of Receipt Due to Cash Accounting System

January 29, 2026 51 Views 0 comment Print

The Tribunal held that where income is offered to tax on receipt basis, TDS credit must be granted in the same year despite timing differences arising from accrual-based deduction by clients.

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