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Transfer of Leasehold Rights in respect of property at MIDC/GIDC etc. is not liable for GST

January 16, 2026 4323 Views 0 comment Print

Courts have ruled that transfer of leasehold rights is not a supply of services. The key takeaway is that such transactions fall outside GST.

What key arguments to include in reply to GST SCN under section 74 for denial

January 16, 2026 2079 Views 0 comment Print

Section 74 applies only where fraud or intent to evade tax is established. Vague notices based on mismatches lack jurisdiction and are unsustainable.

Tiger Global Decision- Fairness and Tax Certainties

January 16, 2026 1209 Views 0 comment Print

The ruling holds that capital gains from offshore structures can be taxed in India when facts show substance over form. The key takeaway is that tax treaties do not protect arrangements leading to double non-taxation.

Interest on Excise Duty Not Payable in Revenue-Neutral Situations: Calcutta HC

January 16, 2026 729 Views 0 comment Print

The Court upheld the Tribunal’s view that interest cannot be levied when duty paid is fully creditable to downstream units. It confirms that compensatory interest requires actual revenue loss.

Section 54 Capital Gains Tax Exemption – What Constitutes Date of Transfer?

January 15, 2026 7164 Views 2 comments Print

Judicial rulings clarify that Section 54 focuses on timely investment of capital gains, not rigid legal ownership milestones. The exemption depends on when and how the investment is made.

From Writs to Tribunal: GST Litigation Gets Back on Track

January 15, 2026 1599 Views 0 comment Print

High Courts are declining to entertain GST writs now that GSTAT is operational. Taxpayers must pursue statutory appeals, with courts granting limited transition relief to avoid hardship.

Misuse of GST Section 64: Bona Fide Recipients Targeted Instead of Defaulting Suppliers

January 15, 2026 1767 Views 0 comment Print

Courts have held that bona fide recipients cannot be penalised for supplier defaults. Using Section 64 against compliant buyers is disproportionate and legally vulnerable.

How to Choose the Right Life Insurance Plan Based on Your Life Stage?

January 15, 2026 567 Views 0 comment Print

This guide explains how life insurance needs change from youth to retirement. The key takeaway is matching coverage type and amount with evolving responsibilities to avoid under- or over-insurance.

Circular Denying ‘Deemed Export’ Refund Can’t Apply to Zero-Rated Actual Exporters: Gujarat HC

January 15, 2026 1020 Views 0 comment Print

The court ruled that a CBIC circular on deemed exports cannot block ITC refunds for actual exporters. Refunds under Section 54(3) must follow the statute when no deemed export benefits are claimed.

Interplay of Sections 73, 74 & 75 of CGST Act – Limitation, Appellate Powers & Illusion of Revival

January 15, 2026 2076 Views 0 comment Print

The article explains that once fraud-based proceedings fail, demands cannot be revived under Section 73 if limitation has expired. Statutory time limits remain mandatory and jurisdictional.

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