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Power of Attorney in Tax Proceedings: Legal Validity & Scope

May 6, 2026 1704 Views 0 comment Print

The article explains how Power of Attorney has become essential in modern tax practice because of increasing digitization and faceless proceedings. It highlights the importance of proper authorization for smooth representation before tax authorities.

When Late Filing Becomes Suppression: Section 74 Risk After Sriba Nirman

May 6, 2026 1281 Views 0 comment Print

The Andhra Pradesh High Court held that failure to file monthly GSTR-3B returns can amount to suppression of facts under Section 74 of the CGST Act. The ruling increases exposure to 100% penalty where wilfulness is established.

Sale of Capital Goods under GST: When to Apply Section 18(4) & 18(6)

May 6, 2026 5961 Views 0 comment Print

The article explains the legal distinction between ITC reversal on opting for composition and tax liability on sale of capital goods. It clarifies when Section 18(4) and Section 18(6) apply under GST law.

Revisiting Grandfathering under GAAR: Rule 10U Amendment and Its Impact on Tiger Global

May 6, 2026 915 Views 0 comment Print

CBDT’s 2026 amendment strengthens grandfathering protection for investments made before the commencement of GAAR. The clarification addresses concerns created by the Tiger Global ruling regarding scrutiny of legacy investments.

Karnataka HC Protects Genuine Buyers from ITC Denial Due to Supplier Default

May 6, 2026 1164 Views 0 comment Print

The Court clarified that an NGTP or non-genuine taxpayer tag is only a risk indicator and not conclusive proof against buyers. Authorities must conduct proper enquiry, examine records, and provide transaction-wise findings before rejecting ITC claims.

Gujarat HC Upholds ITC Denial on Supplier Default

May 6, 2026 1260 Views 1 comment Print

Gujarat HC upheld Section 16(2)(c) of the CGST Act, allowing denial of ITC where suppliers fail to deposit GST with the government.

Bombay HC Orders ITC Unblocking as Rule 86A Restriction Expired After One Year

May 6, 2026 549 Views 0 comment Print

The Court held that blocking of the electronic credit ledger under Rule 86A cannot continue beyond the statutory one-year period. It clarified that such restriction automatically lapses by operation of law regardless of pending departmental proceedings.

TDS Never Sleeps: How Form 26AS Triggers Tax Scrutiny

May 6, 2026 8262 Views 0 comment Print

The Tribunal held that TDS entries appearing in Form 26AS are sufficient material for reopening assessments when no return is filed. The ruling emphasizes that taxpayers must reconcile Form 26AS with books and returns to avoid reassessment proceedings.

Tax Exemption at Risk for Charitable Institutions Allegedly Operated Like Businesses

May 6, 2026 900 Views 0 comment Print

The Income-tax Department intensified scrutiny of charitable entities after finding high surplus margins, premium pricing, and commercial-style operations. The developments show that institutions functioning like businesses may lose tax exemptions despite charitable registration.

Unlisted Bonds Lose LTCG Benefit; No Capital Gains Exemption for Depreciable Assets under Income Tax Act 2025

May 6, 2026 753 Views 0 comment Print

The new law treats gains from depreciable assets as short-term capital gains for all purposes, not merely for computation. This effectively removes exemption benefits previously allowed through judicial interpretation under the old regime.

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