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Archive: January, 2026

Posts in January, 2026

Foreign Speaker Payments for Leadership Summit Not Event Management Service: SC

January 20, 2026 159 Views 0 comment Print

The Court held that booking speakers for an event does not amount to event management. Participation or facilitation alone cannot attract service tax under the event management category.

SC Ruling Puts GST Appellate Tribunal Framework at Risk

January 20, 2026 435 Views 0 comment Print

The Court struck down key tribunal reform provisions, holding that reintroducing invalidated clauses is unconstitutional, directly impacting the design and functioning of GSTAT.

Stronger Custodians, Safer Markets: Decoding SEBI’s 2025 Amendments

January 20, 2026 210 Views 0 comment Print

The 2025 amendments strengthen the custodial framework by raising capital requirements and tightening governance norms. Custodians must now follow clearer accountability and risk management standards to safeguard investor assets.

Section 271(1)(c) Penalty Set Aside for Vague Limb in Notice: ITAT Delhi

January 20, 2026 582 Views 0 comment Print

The penalty was quashed as the Assessing Officer failed to strike off the inapplicable limb in the notice. Clear satisfaction and precise charge are mandatory for sustaining penalty proceedings.

Cheque Tampering Not a Defence: Material Alteration Still Attracts Section 138; J&K&L HC

January 20, 2026 579 Views 0 comment Print

While alteration of the cheque amount is a material alteration under law, the court ruled that consent and responsibility for alteration are factual questions. The complaint was not quashed at the pre-trial stage.

Can Penalty be Levied on Delayed Annual GST Return?

January 20, 2026 16911 Views 2 comments Print

The court held that once late fee is imposed for delayed annual return filing, a further general penalty is not permissible. Section 125 applies only where no specific penalty exists.

Notional Rent Deleted for Unsold Villas Held During Pandemic: ITAT Bangalore

January 20, 2026 75 Views 0 comment Print

The Tribunal held that land cost must be allocated based on saleable/built-up area under the JDA, not total land area. It directed adoption of a higher per-sq-ft land cost while recomputing capital gains.

Section 153A Invalid Where No Incriminating Material Found in Search: ITAT Delhi

January 20, 2026 129 Views 0 comment Print

The Tribunal held that assessments under Section 153A cannot be sustained when no incriminating material is found at the assessees premises. Additions based on third-party material were quashed as being without jurisdiction.

Excess Stock ≠ Confiscation: SC Settles GST Section 130 Misuse Debate

January 20, 2026 3078 Views 0 comment Print

The Supreme Court upheld that mere excess stock found during inspection is insufficient for confiscation under Section 130. Tax must be assessed through Section 35(6) read with Sections 73 or 74, ensuring due process.

Belated Return Under Section 148 Still Requires 143(2) Notice: ITAT Delhi

January 20, 2026 441 Views 0 comment Print

The Tribunal ruled that treating a belated return as non est is legally unsustainable. Absence of a Section 143(2) notice invalidates the entire reassessment proceedings.

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