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Judiciary

No GST on PMC Consultancy for Panchayat & Municipal Functions: AAR Kerala

January 8, 2026 798 Views 0 comment Print

The ruling examined whether GST applies to centage charges collected for PMC services rendered to Government and local authorities. It held that such consultancy services qualify as pure services linked to constitutional functions and are exempt from GST, subject to conditions.

ITAT Mumbai Quashed Section 263 revision as AO Took Plausible View on Deductions

January 8, 2026 435 Views 0 comment Print

The issue was whether revision under section 263 was valid for multiple expense claims. The Tribunal held that since the Assessing Officer had examined issues and adopted a plausible view, revision was unsustainable.

No GST on Dermatological or Skin Clinic Treatment: AAR Kerala

January 8, 2026 792 Views 0 comment Print

The Authority held that treatment of psoriasis, dermatitis, fungal infections, and similar conditions constitutes healthcare services by a clinical establishment and is exempt from GST under the relevant notification.

CCI Rejected Tender Challenge as No Anti-Competitive Conduct Found

January 8, 2026 564 Views 0 comment Print

The competition regulator dismissed allegations that restrictive turnover criteria in a hospital tender violated competition law. It held that procurement terms aligned with policy guidelines do not, by themselves, establish anti-competitive conduct.

Employee Welfare Trust Not Liable to Highest Surcharge Rate: ITAT Mumbai

January 8, 2026 894 Views 0 comment Print

The case examined the correct tax rate for a trust formed exclusively for employees’ benefit. The Tribunal held that such trusts are taxable at normal AOP rates under section 164(1)(iv).

Reimbursement Transactions Remanded for De Novo TP Examination

January 8, 2026 312 Views 0 comment Print

The dispute concerned whether reimbursements from an associated enterprise justified a transfer pricing adjustment using the profit split method. The Tribunal set aside the adjustment, directing a fresh FAR analysis before determining ALP.

Long Appeal Delay Condoned Due to Bona Fide Pursuit of Rectification

January 8, 2026 612 Views 0 comment Print

Appeals were dismissed earlier as time-barred despite sustained efforts by the assessee through grievances. The Tribunal ruled that absence of negligence and bona fide conduct warranted condonation of long delay.

Income Estimation in Circular Trading Fails Without Incriminating Evidence

January 8, 2026 483 Views 0 comment Print

The Tribunal rejected estimated additions based on alleged circular trading due to lack of seized material or cash trail. The key takeaway is that suspicion and presumptions cannot replace evidence in search assessments.

Bona Fide Purchaser Not Liable for Supplier’s default to deposit GST: Tripura HC

January 8, 2026 4953 Views 0 comment Print

The court ruled that genuine purchasers cannot lose ITC because a supplier failed to deposit GST. Section 16(2)(c) must be applied only to fraudulent or collusive cases.

Post-2021 Reassessment Held Void Due to Non-Compliance With Section 148A

January 8, 2026 762 Views 0 comment Print

ITAT Hyderabad held that notices under Section 148 issued on 01.04.2021 without following mandatory Section 148A procedures are invalid. The Tribunal quashed reassessment orders, emphasizing that procedural compliance is jurisdictional and essential.

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