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Archive: January, 2026

Posts in January, 2026

Accused’s Intention, Not Deceased’s Feelings, Determines Abetment of Suicide: Kerala HC

January 30, 2026 1305 Views 0 comment Print

The Court clarified that abetment requires proof of the accused’s intention to instigate suicide. Angry words spoken in a quarrel, without mens rea, do not meet the threshold.

Empanelment of Standing Counsels for Income Tax Department, Delhi

January 30, 2026 15462 Views 0 comment Print

The Department announced empanelment of Senior and Junior Standing Counsels for Delhi courts and tribunals. Eligibility, tenure, and procedure are governed by CBDT Instruction No. 7 of 2016.

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

January 29, 2026 1968 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 315 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 222 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 156 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 981 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 249 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 2589 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 180 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.

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