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Archive: January, 2026

Posts in January, 2026

Section 11 exemption granted as surplus from vocational training used only for educational purpose

January 24, 2026 282 Views 0 comment Print

Karnataka High Court held that vocational training qualifies as education under section 2(15) of the Income Tax Act. Exemption under section 11 of the Income Tax Act allowed since surplus generated is used only for educational purposes. Accordingly, writ allowed.

BTC Payment Button: Tax Implications and Compliance Framework for Indian Businesses

January 24, 2026 519 Views 0 comment Print

Accepting Bitcoin can streamline payments, but Indian law imposes a flat 30% tax on VDA income and 1% TDS on transfers. Businesses must adopt strict valuation, accounting, and reporting systems to remain compliant.

Disallowance of Goodwill Depreciation Set Aside Due to Wrong Legal Test

January 24, 2026 390 Views 0 comment Print

Setting aside the lower authorities orders, the Tribunal ruled that reliance on amalgamation-related precedents was misplaced. It reaffirmed that goodwill from a slump sale is depreciable when not hit by statutory restrictions.

Section 271(1)(c) Penalty Fails When AO Accepts Reopened Return

January 24, 2026 498 Views 0 comment Print

The ruling clarifies that once a reassessment return is accepted, earlier returns lose relevance for penalty purposes. In the absence of defects in the reassessment return, penalty cannot survive.

10% Expense Addition Set Aside for Absence of Evidence-Based Findings

January 24, 2026 282 Views 0 comment Print

The Tribunal upheld deletion of an ad-hoc expense addition where the Assessing Officer failed to point out defects in audited accounts. Proper documentation shifted the burden back to the tax authority.

GSTAT Mandated Uniform Per-Square-Foot Benefit for All Flats in GST Profiteering Probe

January 24, 2026 294 Views 0 comment Print

The tribunal accepted an area-based methodology for computing profiteering in a housing project, rejecting turnover-linked calculations. The ruling confirms that uniform per-square-foot benefit must be passed on to all eligible buyers.

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

January 24, 2026 3966 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.

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

January 24, 2026 24519 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 1539 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 1617 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.

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