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Archive: January, 2026

Posts in January, 2026

Units Sold After Occupancy Certificate cannot be included in GST Profiteering Probe

January 24, 2026 3582 Views 0 comment Print

A slight increase in post-GST ITC was held to amount to profiteering when not passed on. The tribunal directed refund of the quantified benefit with interest to eligible buyers.

DGFT Announced Second Round of Gold TRQ Allocation for India–UAE CEPA

January 24, 2026 555 Views 0 comment Print

The trade authority has opened a fresh competitive bidding round for gold imports under India–UAE CEPA for FY 2025-26. The move enables utilisation of the remaining quota through an e-auction process with revised eligibility norms.

GST Demand Order Quashed as passed within within three months of Section 73 SCN

January 24, 2026 21879 Views 0 comment Print

The Court held that a final GST adjudication order passed within three months of the show cause notice violates Section 73 of the CGST Act. Orders issued without granting the statutory minimum response period were declared unsustainable.

Service Tax Demand Quashed Due to Misclassification of Transportation as Cargo Handling

January 24, 2026 1308 Views 0 comment Print

CESTAT held that local transportation of goods, even with incidental loading, cannot be taxed as cargo handling when contracts are divisible. The service tax demand and penalty were therefore set aside.

Capital Reduction for Foreign Shareholders: A FEMA Act,1999 Perspective

January 24, 2026 678 Views 0 comment Print

The ruling clarifies that capital reduction involving foreign shareholders is treated as a transfer. FEMA compliance and tax implications must therefore be carefully followed.

Inspector’s Report Cannot Be Used Behind Assessee’s Back: ITAT Delhi

January 24, 2026 309 Views 0 comment Print

ITAT held that share capital additions cannot rest on an inspector’s report not shared with the assessee. Matter remanded for fresh examination in line with natural justice.

Section 68 Inapplicable to Identified Donations to Charitable Trust

January 24, 2026 189 Views 0 comment Print

ITAT held that Section 68 cannot be invoked where donors are identified with names, PAN, ITRs, and confirmations. Such donations cannot be treated as unexplained cash credits or anonymous income.

Non-Obstante Clauses in Self-Contained Tax Codes: Extent of Their Overriding Effect

January 24, 2026 462 Views 0 comment Print

Explains how non-obstante clauses give priority to special tax provisions over general rules. Clarifies that the override applies only to the extent of actual conflict.

Section 194T (10% TDS) causing cash-flow blockage for MSMEs

January 24, 2026 2394 Views 0 comment Print

Section 194T introduces a flat 10% TDS on partner remuneration and interest, sharply reducing monthly liquidity for small firms. The key takeaway is that blocked refunds and borrowing costs may outweigh any compliance benefit.

Section 68 Cannot Be Invoked Merely for Non-Appearance of Share Subscribers on Presumptions

January 24, 2026 1095 Views 0 comment Print

The Tribunal ruled that additions based only on presumptions and low income of subscribers are invalid. Proper documentary evidence outweighs non-appearance under summons.

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