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Archive: January, 2026

Posts in January, 2026

SC: Capital Gains from Indirect Share Transfer Taxable; DTAA protection denied

January 21, 2026 630 Views 0 comment Print

The Supreme Court held that capital gains from indirect transfers deriving value from Indian assets were taxable in India. The key takeaway is that treaty protection cannot shield arrangements lacking real commercial substance.

Section 148 Notices Void as Issued Outside Mandatory Faceless Scheme

January 21, 2026 402 Views 0 comment Print

The ITAT held that reassessment notices issued by the Jurisdictional AO after 29.03.2022 are void under the faceless regime. Since the assessments were invalid, all consequential penalty orders were also quashed.

Same Day GST Registration under Rule 14A of CGST Rules

January 21, 2026 4401 Views 0 comment Print

Clarifies the fast-track GST registration process under Rule 14A. The key takeaway is approval within three working days for eligible, low-risk applicants—not a guaranteed same-day right.

ITAT Mumbai Restricts Bogus Purchase Addition to 6%; Full 69C Disallowance Set Aside

January 21, 2026 570 Views 0 comment Print

The issue was whether the entire amount of alleged bogus purchases could be disallowed under Section 69C. ITAT Mumbai held that in the absence of corroborative evidence, only the profit element can be taxed, restricting the addition to 6%.

Joint Income Tax Returns for Married Couples: A Policy Shift Ahead?

January 21, 2026 2574 Views 0 comment Print

At present, India’s income tax system is entirely based on individual taxation, wherein each taxpayer is entitled to a separate basic exemption limit and individual deductions. Even after marriage, there is no fundamental change in this structure. Husband and wife are treated as separate taxpayers, required to file their income tax returns independently and pay […]

Failure of IMS in Reporting Credit Note Rejections Leading to Excess GSTR-3B Tax Liability

January 21, 2026 1218 Views 0 comment Print

Explains how a credit note rejection led to excess GSTR-3B tax without IMS visibility. The key takeaway is that system adjustments can occur silently, increasing supplier risk.

Joint Owner (Housewife) Not Taxable u/s 56(2)(vii)(b) Where Spouse Paid Entire Consideration

January 21, 2026 720 Views 0 comment Print

The case examined taxability of stamp duty differential in the hands of a housewife joint owner. The Tribunal ruled that absence of financial contribution bars addition under Section 56(2)(vii)(b).

Section 271(1)(c) Penalty Quashed for Vague Notice Without Specifying Charge: ITAT Indore

January 21, 2026 285 Views 0 comment Print

The Tribunal held that penalty proceedings fail where notices do not clearly state whether the charge is concealment or inaccurate particulars. Vague notices violate statutory requirements, leading to deletion of penalty.

Can AoA Auto-Terminate Directorship When Employment Ends?

January 21, 2026 588 Views 0 comment Print

Explains whether a private company can link board tenure to employment through its Articles. The key takeaway is that co-terminus directorships are valid if clearly provided in the AoA.

Your Company’s IPO Journey: A Step-by-Step Guide to Main Board IPO

January 21, 2026 1296 Views 0 comment Print

Explains how companies qualify for a Main Board IPO, choose the right regulatory route, and comply with SEBI norms. Highlights key takeaways on pricing, subscription rules, and post-listing obligations.

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