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Archive: January, 2026

Posts in January, 2026

No GST on Corporate Guarantees When Full ITC Is Available

January 2, 2026 6405 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 375 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 1089 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 240 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 1116 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 300 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 732 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.

Entire Bank Credits Can’t Be Added Without Proper Opportunity

January 2, 2026 381 Views 0 comment Print

The Tribunal ruled that issuing only three hearing notices does not satisfy principles of natural justice. The matter was restored for fresh adjudication with proper opportunity.

Order rejecting refund of excess CVD not sustained as amendment of bill of entry is allowed mode of modifying assessment

January 2, 2026 567 Views 0 comment Print

CESTAT Mumbai held that order rejecting refund of excess CVD [Countervailing duty] paid on import of mobile handsets not sustainable since amendment of bill of entry under section 149 of the Customs Act is allowed mode of modifying assessment.

State or Central Legislature doesn’t have power to levy tax on sale of goods beyond territorial waters of India

January 2, 2026 357 Views 0 comment Print

Andhra Pradesh held that neither the State Legislature nor the Central Legislature would have power, to levy tax on the sale of goods made beyond the territorial waters of India. Accordingly, writ petition disposed of setting aside the assessment orders and remanded the matter back.

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