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Archive: 06 April 2026

Posts in 06 April 2026

No TCS on Compounding Fees as Illegal Mining Lacks Legal Contract or Licence: SC

April 6, 2026 237 Views 0 comment Print

The Supreme Court upheld that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are not subject to TCS.

TCS Cannot Be Extended to Illegal Mining Cases Due to Absence of Transfer of Rights: Chhattisgarh HC

April 6, 2026 171 Views 0 comment Print

The High Court held that Section 206C(1C) applies only to lawful mining arrangements involving lease or licence. It ruled that compounding fees from illegal mining are outside its scope and not subject to TCS.

Foreign Investor Gains Not Taxable in India Due to DTAA Residency Rule: ITAT Mumbai

April 6, 2026 315 Views 0 comment Print

The tribunal held that gains from sale of shares did not fall under Article 14(4). It ruled that Article 14(6) applies, making gains taxable only in the country of residence. The decision clarifies DTAA interpretation.

Pre-Deposit Not Ground to Skip Appeal: Uttarakhand HC Dismisses GST Petition

April 6, 2026 213 Views 0 comment Print

The court declined to hear the GST dispute as an appeal remedy existed. It held that pre-deposit requirements cannot justify bypassing statutory remedies.

CENVAT Demand Quashed Due to Lack of Proof of Common Input Services

April 6, 2026 93 Views 0 comment Print

The tribunal held that sale through regional offices does not amount to trading. It found that the goods were manufactured and duty was paid. The ruling clarifies distinction between manufacturing and trading.

Builder Liable for Profiteering for Not Passing GST Credit Benefits to Homebuyers: GSTAT

April 6, 2026 159 Views 0 comment Print

The case addressed increased ITC benefits post-GST without corresponding price reduction. The tribunal ruled this violated Section 171, mandating refund, interest at 18%, and potential penalty.

No Profiteering Found Due to Excess ITC Benefit Passed to Homebuyers: GSTAT

April 6, 2026 111 Views 0 comment Print

The dispute concerned failure to reduce prices after GST. The Tribunal held that documentary evidence showed benefit was already transferred to buyers.

Homebuyers Cannot Claim ITC Benefit in Fully Post-GST Projects: GSTAT

April 6, 2026 222 Views 0 comment Print

GSTAT held that no anti-profiteering violation arises where construction, agreement, and payments occur entirely in the GST regime. Since prices already factored ITC, no benefit was required to be passed on.

Error Rectified Due to Calculation Discrepancy in GSTAT Anti-Profiteering Order

April 6, 2026 99 Views 0 comment Print

The issue involved a calculation error in the final order. The Tribunal clarified the correct per sq. ft. benefit including GST and directed proper computation.

Limits for investment in debt and sale of Credit Default Swaps by FPIs

April 6, 2026 129 Views 0 comment Print

The RBI retained existing limits for FPI investments in G-Secs, SGSs, and corporate bonds. The decision ensures stability in foreign investment policy. It maintains consistency in debt market regulations.

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