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Archive: January, 2026

Posts in January, 2026

Asset Sale During Liquidation Valid to Meet Statutory Dues: Delhi HC

January 25, 2026 228 Views 0 comment Print

V. K. Sharma Vs JVG Finance Limited (Delhi High Court) Conclusion: Appellant had failed to establish locus standi to challenge orders relating to asset realisation in liquidation and the material on record clearly demonstrated that liabilities of the company far exceeded available funds, making sale of assets necessary. Held: The company in liquidation (JVG Group) […]

Proper GST Officer under Section 122: A Jurisdictional Analysis

January 25, 2026 5847 Views 0 comment Print

CA Lakshman Kumar Kadali CA Akash Heda Introduction: Recently, the Central Board of Indirect Taxes and Customs (CBIC) has issued Circular No. 254/11/2025-GST dated 27/10/2025 appointing the proper officers under Section 122, 74A, 75(2) of CGST Act, 2017 and Rule 142(1A) of CGST Rules, 2017. The circular has expressly stated that no proper officer has […]

Presumptive Taxation for Residents – 1961 Act via-a-vis 2025 Act

January 25, 2026 7044 Views 0 comment Print

The issue examines how presumptive taxation is consolidated under Section 58. The key takeaway is that structural simplicity masks stricter eligibility and compliance rules.

ITAT Orders Fresh Benchmarking of Royalty Payments, Prefers Traditional Methods Over TPM

January 24, 2026 957 Views 0 comment Print

The issue concerned valuation of royalty for bundled services. ITAT held that faulty comparables vitiated the CUP analysis and ordered fresh benchmarking.

Budget 2026 Urged to Fix Rectification Delays and Coercive Tax Recovery

January 24, 2026 1512 Views 4 comments Print

The issue concerns prolonged rectification and recovery pressures. The proposal seeks strict timelines, deemed approvals, and automatic stay of demands.

ITAT Surat Quashes Section 263 Revision on Bogus Purchase Issue as PCIT Lacks Jurisdiction During Pending CIT Appeal

January 24, 2026 3003 Views 0 comment Print

The issue was whether revision could be invoked during a pending appeal. ITAT held that PCIT lacks jurisdiction once the matter is before CIT(A).

ITAT Chandigarh Strikes Down Section 147 Proceedings Based on Uncorroborated Third-Party Excel Sheet

January 24, 2026 1242 Views 0 comment Print

The issue was whether reassessment initiated by the Jurisdictional AO was valid. The Tribunal held the notice invalid as it violated mandatory faceless assessment procedures, rendering the reassessment void.

GST Arrests Quashed for Harassment of Bona Fide Recipients in non‑existent supplier cases

January 24, 2026 1785 Views 0 comment Print

The issue was misuse of arrest powers against genuine buyers. Courts have held that coercive arrests for supplier defaults violate due process and must be restrained.

Change of Opinion Barred: Section 263 Invalid After Comprehensive AO Enquiry

January 24, 2026 438 Views 0 comment Print

The tribunal held that where the Assessing Officer conducted exhaustive enquiries and applied his mind in a 153C assessment, revision under section 263 is invalid. A mere change of opinion cannot justify reopening a concluded assessment.

Section 28 Interest Is Compensation, Not Income: Reassessment Set Aside

January 24, 2026 1272 Views 0 comment Print

The Tribunal held that interest under Section 28 is part of compensation and not taxable as other income. A reopening based on such misinterpretation was quashed for lack of valid belief.

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