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Archive: January, 2026

Posts in January, 2026

GST Appeal Restored Due to Minor Delay; Bank Account Attachment Set Aside

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The issue concerned dismissal of a GST appeal solely on the ground of delay beyond the condonable period. The Court condoned the marginal delay and restored the appeal.

Section 80GGC Deduction Denied for Alleged Accommodation Entries Without Evidence

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The issue concerned whether deductions under section 80GGC could be denied solely on investigation inputs alleging accommodation entries. It was held that such information is only a trigger for enquiry, not conclusive proof. The key takeaway is that disallowance requires assessee-specific evidence and compliance with natural justice.

NRI Returning to India: RNOR Tax Planning and FEMA Account Restructuring (RFC/FCNR/NRE)

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Learn how Resident but Not Ordinarily Resident (RNOR) status provides a tax-efficient window for returning NRIs to plan foreign income and repatriation before full residential taxation applies.

Energy Sector: Cost Audit in Power, Oil & Gas

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This explains why power, oil, gas, and coal companies fall under mandatory cost audit regulations. The key takeaway is that meeting turnover thresholds triggers strict compliance obligations.

Utility Models in India: Balancing risks and Innovation

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This piece examines how utility models can offer MSMEs a faster and cheaper alternative to patents for protecting incremental innovations. It highlights why such a system could boost competitiveness while stressing the need for safeguards against misuse.

Intermediary Liability under Information Technology Act, 2000

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Explains how online platforms are regulated under the IT Act, 2000, focusing on safe harbour protection, duties, and limits on intermediary liability.

NCLT/NCLAT Delay Index: How Adjudicatory Backlogs Undermine Value Realisation under IBC

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This case highlights how delays before insolvency tribunals erode value and derail time-bound resolution. The key takeaway is that speed in adjudication is essential to achieving IBC’s objectives.

Analysis of Director Loans under Companies Act, 2013 & Income Tax Act, 1961

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Explains how director funding, though permitted under company law, can create adverse tax consequences if inconsistently classified or documented.

Tobacco leaves packed in small retail pouches classified under 2403 9910 as ‘Chewing tobacco’

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Gujarat High Court held that the small retail pouches of tobacco leaves sold by petitioner is covered under the category of chewing tobacco and hence classifiable under Tariff Heading No. 2403 9910.

Cross-Border Insolvency in India & Recent Judicial pronouncements

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Explains how Indian tribunals have addressed cross-border insolvency issues despite limited statutory provisions, emphasizing judicial cooperation and practical solutions.

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