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Archive: January, 2026

Posts in January, 2026

Section 40(a)(ia) Addition Set Aside Due to Unverified Threshold Applicability

January 12, 2026 243 Views 0 comment Print

The ruling found that the authorities failed to examine party-wise payment limits before disallowing expenses for alleged TDS default. Key takeaway: threshold verification is essential before invoking section 40(a)(ia).

Tax Planning for FY 2025–26: Rebate & LTCG under Section 112A (Old Regime)

January 12, 2026 6270 Views 0 comment Print

Total income includes capital gains for the ₹5 lakh limit, but the rebate cannot reduce tax on special-rate income. The key takeaway is that eligibility and adjustment operate differently.

Penalty Imposed for Inadequate Related Party Transaction Disclosure

January 12, 2026 12768 Views 0 comment Print

The regulator held that partial disclosure in balance sheet notes is insufficient under section 134. Listed companies must make clear and complete related party disclosures.

EEZ under GST: Is “Other Territory” Being Overlooked?

January 12, 2026 813 Views 2 comments Print

The CGST Act clearly covers territorial waters but is silent on EEZ. This raises a serious question on whether mapping EEZ to coastal States is legally sustainable.

Failure to Disclose CIN in Annual Reports Attracts Maximum Penalty

January 12, 2026 1800 Views 0 comment Print

The regulator held that Annual Reports are official publications mandatorily requiring CIN disclosure. Repeated non-compliance led to the maximum penalty on both the company and its officers.

Criminal and Civil Liability of Non-Executive Directors under Companies Act, 2013: Piercing the Boardroom Veil

January 12, 2026 1107 Views 0 comment Print

The Companies Act, 2013 limits immunity for non-executive directors by linking liability to knowledge and diligence. Courts now require active oversight rather than passive board membership.

Kite fight between Taxpayer and Department

January 12, 2026 3420 Views 0 comment Print

This piece explains how automated GST and income tax reforms are reshaping taxpayer compliance. The key takeaway is that technology now closely monitors filings, making accuracy essential.

ITAT Bangalore Accepts assessee’s plea to exclude comparables failing turnover filter

January 12, 2026 663 Views 0 comment Print

The Tribunal ruled that inclusion of giant companies distorted arm’s length results for a small captive service provider. High-turnover companies were excluded to ensure meaningful comparability.

Receipt for offshore supply of equipment, plants by foreign company not taxable in India: ITAT Delhi

January 12, 2026 327 Views 0 comment Print

ITAT Delhi held that foreign company receiving consideration for offshore supply of equipment, plant, designs and drawings is not taxable in India since entire transaction has taken place outside India.

Notice Under Section 148 Invalid Due to Faceless Mandate Violation

January 12, 2026 567 Views 0 comment Print

The ruling declares reassessment void where notices were not issued through the faceless mechanism post-29.03.2022. Lesson: non-compliance with section 151A vitiates reopening.

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