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Kite fight between Taxpayer and Department

January 12, 2026 3495 Views 0 comment Print

This piece explains how automated GST and income tax reforms are reshaping taxpayer compliance. The key takeaway is that technology now closely monitors filings, making accuracy essential.

Section 68 Addition Fails Without Proof of Actual Penny Stock Trades: ITAT Mumbai

January 12, 2026 1047 Views 0 comment Print

The Tribunal ruled that suspicion based on penny stock lists is insufficient to sustain additions. Revenue must prove real purchase and sale transactions through demat and banking records.

Opening Balances and Proven Loans Cannot Be Taxed on Suspicion: ITAT Mumbai

January 12, 2026 9267 Views 0 comment Print

Upholding the CIT(A)s order, the Tribunal held that settled law bars additions made without factual verification. The case reinforces strict limits on arbitrary taxation of loan transactions.

No Fraud, No Jurisdiction: Allahabad HC Draws a Clear Line under GST Section 74

January 12, 2026 5007 Views 0 comment Print

The court held that Section 74 cannot be used unless fraud, wilful misstatement, or suppression with intent to evade tax is specifically alleged and proved. In the absence of these ingredients, the entire GST proceeding is without jurisdiction and must fail.

Income Tax Refund Interest Eligible for Section 80-IA deduction: ITAT Hyderabad

January 12, 2026 3222 Views 0 comment Print

The Tribunal held that interest on income-tax refund is taxable in the year of receipt and qualifies for Section 80-IA deduction, regardless of the year to which the refund relates.

Mandatory Levy of Service Charge by Restaurants is illegal: Govt

January 12, 2026 3816 Views 0 comment Print

Authorities have clarified that compulsory service charges violate consumer law, reaffirming that tips must be voluntary and cannot be added by default to bills.

GST Registration Can’t Be Cancelled on Field Visit Without Panchanama & Independent Witnesses

January 12, 2026 1992 Views 0 comment Print

The Court set aside cancellation of GST registration after finding that it was based solely on an invalid field visit report without witnesses or proper procedure. The ruling emphasizes that unilateral inspections cannot justify cancellation.

E-Way Bill PIN Code Error Insufficient for Seizure Under GST Law: Allahabad HC

January 12, 2026 4404 Views 0 comment Print

The Court ruled that a wrong PIN code in the e-way bill, when the address is correct and documents are valid, cannot justify seizure. The key takeaway is that minor clerical errors do not trigger Section 129 proceedings.

Entire Bogus Purchases Can’t Be Disallowed When Sales Are Accepted: ITAT Mumbai

January 11, 2026 10518 Views 0 comment Print

The Tribunal held that where identical facts existed in earlier years, the addition for alleged bogus purchases must follow past precedent. It restricted the addition to 5 percent, applying the principle of consistency.

Substitution of Shares on Amalgamation Not Automatically Business Income: SC

January 10, 2026 657 Views 0 comment Print

The issue was whether receipt of shares on amalgamation attracts tax when shares are held as stock-in-trade. The Court held such substitution can trigger business income under Section 28 if the shares are realisable, reinforcing the real income principle.

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