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Archive: 07 March 2026

Posts in 07 March 2026

Adv. Mukul Rohatgi Case: Section 263 Revision Invalid as AO Had Conducted Proper Inquiry

March 7, 2026 2145 Views 0 comment Print

The ITAT held that revisional powers under Section 263 cannot be exercised when the Assessing Officer has already examined the issues during scrutiny. Mere disagreement with the assessment cannot justify revision.

Simultaneous CIRP Against Borrower & Guarantor Allowed as Liability Is Co-Extensive: SC

March 7, 2026 546 Views 0 comment Print

SC held that creditors may initiate insolvency proceedings against both principal debtor and corporate guarantor simultaneously. Ruling confirms that co-extensive liability permits parallel CIRP under IBC.

Analysis of 20% LTCG with Indexation vis-à-vis 12.5% Without Indexation

March 7, 2026 2766 Views 0 comment Print

The Finance Act 2023 introduced a 12.5% LTCG tax without indexation as an alternative to 20% with indexation. Taxpayers must compare both options carefully before choosing the beneficial one.

Transfer Pricing: CUP Analysis Market Condition Adjustments: Thailand Vs. Vietnam

March 7, 2026 732 Views 0 comment Print

The benchmark price was incorrectly determined because material economic differences between Thailand and Vietnam markets were not adjusted under the CUP method.

वित्तीय वर्ष 2026-27 के लिए जीएसटी अनुपालन के लिए 10 महत्वपूर्ण विषय

March 7, 2026 1203 Views 1 comment Print

नए वित्त वर्ष में प्रवेश से पहले व्यवसायों को कई महत्वपूर्ण जीएसटी अनुपालन कार्य पूरे करने होंगे। सही तैयारी से ब्याज, जुर्माना और विभागीय नोटिस से बचा जा सकता है।

Suppressed Sales Addition Deleted: KOT Data and Survey Admissions Without Corroboration Not Valid

March 7, 2026 813 Views 0 comment Print

The Tribunal ruled that unverified KOT data and handwritten loose sheets are insufficient to establish unaccounted sales. Additions based on assumptions and unsupported survey statements were deleted.

Mere GST Portal Upload Not Equivalent to Legal Service of Order: Allahabad HC

March 7, 2026 900 Views 0 comment Print

The Court held that merely uploading an order on the GST portal is not sufficient communication under Section 107. Limitation begins only after proper service under Section 169 is established.

No Service Tax on Legal Services by Advocate to Law Firm Bombay HC

March 7, 2026 558 Views 0 comment Print

The Bombay High Court ruled that legal services provided by an advocate to a partnership firm of advocates are exempt under service tax notifications. The tax demand and recovery proceedings were therefore set aside.

Evidentiary Value of Statements Recorded During Investigation under GST

March 7, 2026 696 Views 0 comment Print

Legal principles confirm that statements recorded during GST investigations cannot alone establish tax liability. Their evidentiary value depends on voluntariness, corroboration, and supporting documentary evidence.

Safeguards at the Time of GST Search: Legal Protections for Taxpayers

March 7, 2026 507 Views 0 comment Print

Courts have emphasized that GST searches are meant to gather evidence, not to collect tax during the raid. Payments should only be made later through proper procedure to avoid coercion.

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