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Santosh Kumar Periwal

Latest Posts by Santosh Kumar Periwal

Interest Payable on Excise Regime Investigation Deposits as Retention Violates Article 265

January 6, 2026 336 Views 0 comment Print

The Tribunal ruled that amounts paid during investigation cannot be retained once the demand is set aside. Only lawful assessments can justify retention, and illegal collections must be refunded with interest.

Gold, Foreign Tour & Incentives to Dealers: Growing GST Controversy

December 15, 2025 1143 Views 0 comment Print

Non-cash perks like gold or trips trigger TDS under Section 194R, but conflicting GST rulings for sellers and dealers risk double taxation, highlighting the need for regulatory clarification.

Input Tax Credit Eligible Though Supplier Failed to File GSTR-1: Gauhati HC

December 11, 2025 6681 Views 0 comment Print

ITC cannot be mechanically denied to purchasers even if invoices are missing in GSTR-2B. Key takeaway: the ruling safeguards taxpayers paying GST in good faith.

Think Differently: Mismatch of TDS/TCS deducted but not reflected in 26 AS

November 29, 2025 1707 Views 0 comment Print

The courts confirm that once tax is deducted at source, recovery from the employee is barred by law, and the employer alone is responsible for deposit.

Think Differently: Notices/SCN Issued Without Officer Signatures Under GST

November 15, 2025 795 Views 0 comment Print

Courts ruled that GST notices lacking digital signatures violate Rule 26(3) and are void ab initio. The key takeaway: authentication is non-negotiable, and such defects cannot be cured under Section 160.

DIN in CGST/Income Tax: An emerging area of dispute

November 4, 2025 576 Views 0 comment Print

Tax notices lacking a mandatory DIN were deemed void by courts, citing CBIC/CBDT circulars. The Supreme Court has stayed these rulings, creating uncertainty over DIN compliance.

Automatic Cross-Empowerment of State GST Officers Under CGST Act

October 17, 2025 675 Views 0 comment Print

J&K High Court clarifies 6(1) of the CGST Act 2017, confirming State/UT officers are automatically authorized as proper officers for CGST matters unless restricted by notification.

Section 87A Rebate: Harsh Provisions for small taxpayers & passive income earners

October 9, 2025 783 Views 2 comments Print

A summary of changes to India’s income tax rebate, from the Rs.2 lakh limit to the new Rs.12 lakh threshold. Learn how the FY 2025-26 amendment on “special income” impacts small taxpayers.

Tax Rebate under section 87A: STCG Dispute & ITAT Ruling

October 4, 2025 3411 Views 1 comment Print

The Section 87A tax rebate controversy regarding Short-Term Capital Gains (STCG) and the ITAT Ahmedabad ruling. See the evolution of the rebate and the tax department’s handling.

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