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Archive: January, 2026

Posts in January, 2026

Wrong Route Chosen: Section 147 Fails Where 153C Alone Applies

January 2, 2026 468 Views 0 comment Print

The Tribunal held that reassessment under section 147 fails when seized search material exists. The correct and exclusive route is section 153C, making the reopening jurisdictionally invalid.

Internal Government Process No Ground for Delay Condonation

January 2, 2026 234 Views 0 comment Print

The Tribunal held that delays caused by internal approvals from senior officials cannot justify late filing. Lack of due diligence by officials led to outright dismissal of the appeal.

Reassessment Revived Due to Cash Deposits, But With ₹25,000 Cost

January 2, 2026 150 Views 0 comment Print

The Tribunal ruled that taxing entire bank cash deposits under section 69A without examining business explanations is unsustainable. The reassessment was restored for de-novo adjudication with conditions.

No GST on Corporate Guarantees When Full ITC Is Available

January 2, 2026 5688 Views 0 comment Print

The High Court ruled that GST authorities must consider binding CBIC circulars on valuation. Failure to do so makes demands on corporate guarantees without consideration unsustainable.

Short-Term vs. Long-Term Health Insurance Plans: Which Should You Choose?

January 2, 2026 282 Views 0 comment Print

This guide explains how short-term and long-term health insurance plans differ in duration, benefits, and renewability, helping you choose the right option for your needs.

Form 26AS Can’t Override Books Without Proper Reconciliation

January 2, 2026 711 Views 0 comment Print

The Tribunal noted that Form 26AS discrepancies were caused by contracts and TDS continuing in the proprietor’s PAN after business conversion. Since reconciliation was not properly examined, the issue was sent back for fresh adjudication.

Rule 8D Without Recording Dissatisfaction Struck Down by ITAT

January 2, 2026 162 Views 0 comment Print

ITAT held that invoking Rule 8D without recording dissatisfaction with the assessee’s own disallowance violates section 14A(2). Mechanical application of Rule 8D renders the disallowance legally unsustainable.

GST not leviable on liquidated damages claimed on account of breach of contract

January 2, 2026 714 Views 0 comment Print

Karnataka High Court held that liquidated damages on account of breach of the contract is not taxable under the provisions of Central Goods and Services Tax Act [CGST Act] in terms of circular no. 178/10/2022 dated 03.08.2022. Accordingly, the petition is allowed.

Educational Trust Entitled to Section 80G After 12AB Approval

January 2, 2026 165 Views 0 comment Print

The Tribunal clarified that section 80G(2) applies to donor deductions, not trust registration. Since conditions under section 80G(5) were fulfilled, registration was directed to be granted.

Marketing and technical support service to foreign company is not intermediary service

January 2, 2026 429 Views 0 comment Print

Karnataka High Court held that marketing support services and technical support services provided to foreign company in Singapore is not an intermediary service and the same amounts to export of services. Accordingly, order quashed.

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