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Archive: January, 2026

Posts in January, 2026

Cash Advances Not Taxable Before Project Completion Under PCM

January 20, 2026 138 Views 0 comment Print

The Tribunal held that cash advances/on-money received for an ongoing real estate project cannot be taxed before completion when the Project Completion Method is consistently followed. Income already offered and accepted in the completion year cannot be taxed again earlier.

GSTAT Closed Case as No Profiteering Found Under Anti-Profiteering Law

January 20, 2026 192 Views 0 comment Print

The GST Appellate Tribunal accepted the DGAP report after finding no profiteering under Section 171 of the CGST Act. With no appearance from the complainant, the proceedings were concluded and the case was disposed of.

GSTAT Directed Builder to Refund Net Profiteering With Interest to Home Buyers

January 20, 2026 159 Views 0 comment Print

The GST Appellate Tribunal held that the profiteering amount must exclude benefits already passed on to home buyers. The respondent was directed to refund the net amount with interest to eligible buyers within three months.

Dark Seedless Raisins fall under CTI 08062010 as Raisins: CAAR Delhi

January 20, 2026 153 Views 0 comment Print

The ruling confirms that dehydrated dark seedless raisins fall under CTI 08062010. The key takeaway is that dried seedless grapes retain their essential character as raisins for customs purposes.

DGAP Report Accepted as Complainant Remains Absent Before GSTAT

January 20, 2026 123 Views 0 comment Print

The Tribunal accepted the DGAP report after the complainant failed to appear despite confirmed receipt of the hearing notice. The ruling shows that proceedings may be concluded when a complainant does not participate.

Addition Deleted for Wrist Watches Due to invocation of Section 69 Instead of 69A

January 20, 2026 114 Views 0 comment Print

The Tribunal held that wrist watches are valuable articles covered under Section 69A, and additions made under Section 69 were unsustainable.

GSTAT Closed Profiteering Case Due to No Apparent Tax Benefit to Resizone Buildwell

January 20, 2026 90 Views 0 comment Print

The tribunal accepted the investigation report finding no savings in pre- and post-GST credit ratios. With complainants settling disputes and withdrawing complaints, the proceedings were closed.

Agreement to Sell Treated as Transfer Date; Section 54 Exemption Allowed: ITAT Mumbai

January 20, 2026 138 Views 0 comment Print

The Tribunal held that an enforceable agreement to sell, supported by advance consideration, constitutes transfer under Section 2(47), entitling the assessee to Section 54 relief.

APV Realty case: GSTAT Orders Reinvestigation After Admitted Errors in Profit Figures

January 20, 2026 105 Views 0 comment Print

The GST Appellate Tribunal remanded the case to the DGAP after the respondent admitted that incorrect figures were earlier submitted. The Tribunal directed reinvestigation under Rule 133(4) without examining the merits.

Share Valuation Can’t Be Based on Unrelated Transaction Prices: Delhi HC

January 20, 2026 114 Views 0 comment Print

The Court upheld deletion of a major addition, holding that valuation under Section 56 must follow the prescribed rles and not unrelated transaction prices.

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