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Archive: January, 2026

Posts in January, 2026

No Incriminating Material, Section 263 Cannot Override 153A Order

January 6, 2026 459 Views 0 comment Print

The issue was whether revision under section 263 could survive when no incriminating material was found for an unabated year. The tribunal held that without search-based evidence, the completed assessment could not be disturbed.

LLP Cleared of Section 68 Additions Due to Proven Partner Funds

January 6, 2026 435 Views 0 comment Print

The tribunal noted that the firm had no business activity and only earned interest income. It held that unexplained income cannot be presumed in such circumstances when contributors are identified.

Post-2022 Reassessment Fails for Ignoring Faceless Procedure

January 6, 2026 759 Views 0 comment Print

The case examined whether reassessment proceedings could survive when issued outside the faceless mechanism. The ruling confirms that non-compliance with the faceless scheme is a fatal jurisdictional defect.

Interest Payable on Excise Regime Investigation Deposits as Retention Violates Article 265

January 6, 2026 690 Views 0 comment Print

The Tribunal ruled that amounts paid during investigation cannot be retained once the demand is set aside. Only lawful assessments can justify retention, and illegal collections must be refunded with interest.

Section 11 Exemption Allowed Because Late Form 10B Is Procedural

January 6, 2026 3294 Views 0 comment Print

The issue was whether delayed filing of Form 10B bars exemption for a charitable trust. The Tribunal held the delay to be procedural and sustained exemption since audit was completed and report filed during appellate proceedings.

Undertaking & Submission for Refund of Accumulated ITC under Inverted Duty Structure

January 6, 2026 4014 Views 0 comment Print

This explains the purpose and legal importance of an undertaking filed with a GST refund claim. It highlights how the declaration safeguards against unjust enrichment and wrongful refunds.

Appeal Strategy (Firm is listed as having availed ineligible Input Tax Credit (ITC))

January 6, 2026 870 Views 0 comment Print

ITC rejection based solely on a “non-existent supplier” theory is legally unsustainable. The key takeaway is that proof of goods movement, payment, and use overrides blanket assumptions.

Income Tax Act 2025: Shift from Assessment Year to Tax Year

January 6, 2026 2346 Views 0 comment Print

India replaces the FY–AY structure with a unified Tax Year under the new law. The key takeaway is simpler compliance, clearer timelines, and fewer filing errors without changing core tax rates.

Gold and Silver Taxation: Understanding the Shine

January 6, 2026 1713 Views 0 comment Print

Understand capital gains, GST, and compliance rules for buying, holding, and selling precious metals. The key takeaway is long-term holding and transparency reduce tax friction.

Landmark Multilayered Reform on Tobacco Taxation – Historically Highest Tax Levy on Demerit Goods

January 6, 2026 5940 Views 0 comment Print

India has announced the highest-ever GST rate on demerit goods to curb tobacco consumption. The move combines GST, excise duty, and cess to drive public health outcomes.

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