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Archive: January, 2026

Posts in January, 2026

Post-Checkmate Law: Late PF/ESI Deposits Mandate Disallowance

January 17, 2026 903 Views 0 comment Print

The tribunal upheld disallowance of employees’ PF and ESI contributions paid after statutory due dates. Following the Supreme Court’s Checkmate ruling, delayed deposits are deemed income and not deductible.

Land Sale Profits Treated as Capital Gains, Not Business Income: Madras HC

January 17, 2026 1026 Views 0 comment Print

The High Court held that long-held, undeveloped land sold by the assessee gave rise to capital gains. Intention, holding period, and conduct outweighed Revenue assumptions.

GST notice uploaded on GST portal resulted into non-participation of taxpayer: case remanded

January 17, 2026 2211 Views 0 comment Print

Orissa High Court held that mere uploading of demand-cum-show cause notice in Form GST DRC-01 on GST portal under ‘Additional Notices/Orders’ resulted into non-participation. Hence, the ex-parte order passed thereon is quashed and case is remanded back.

SC Reclaims Tax Sovereignty: Tiger Global Decision Resets Mauritius DTAA Landscape

January 17, 2026 2016 Views 1 comment Print

The Supreme Court upheld rejection of treaty benefits where transactions were prima facie designed to avoid tax. It confirmed that substance and real control override form and documentation.

NHRC Directs Action on Alleged Uranium Contamination in Delhi Groundwater

January 17, 2026 510 Views 0 comment Print

Allegations link uranium-tainted groundwater to violations of the right to life and health. The petition seeks immediate investigation and remedial measures.

Audit Penalty Set Aside Due to Bona Fide Cause for Delay

January 17, 2026 669 Views 0 comment Print

The dispute concerned late filing of an audit report triggering penalty under section 271B. The Tribunal accepted personal hardship and first-year audit obligation as reasonable cause under section 273B. The decision reinforces relief where delay is genuine and explained.

PVC Resin Suspension Grade is classifiable under CTH 3904.21

January 17, 2026 459 Views 0 comment Print

CESTAT Chennai held that Polyvinyl Chloride [PVC] Suspension Resin Grade are correctly classifiable under Customs Tariff Heading [CTH] 3904.21. Accordingly, the order is set aside and appeal is allowed.

Dividend Exemption Restored as Form Cannot Override Substance

January 17, 2026 252 Views 0 comment Print

The Tribunal emphasized that exempt income disclosed in the return cannot be taxed due to a technical reporting mistake. Substance of disclosure prevails over form where facts are undisputed.

Chilly Seeds that are seeds of genus Capsicum are classified under CTH 1209

January 17, 2026 228 Views 0 comment Print

Held that Chilly Seeds that are Seeds of the fruits of genus Capsicum are classified under CTH 1209 and are not covered under CTI 0904. Accordingly, order of Commissioner (A) set aside and appeal of assessee is allowed.

Section 68 Addition Set Aside for Non-Consideration of Evidence

January 17, 2026 396 Views 0 comment Print

The case involved a cash seizure treated as unexplained solely because the tax officer assumed no response was filed. The Tribunal ruled that overlooking documentary replies violates natural justice and warrants remand.

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