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    July 20, 2026   Case LawsIncome Tax
    Transfer-pricing adjustments for project business and intra-group services were remanded for fresh consideration under DRP directions.
    July 20, 2026   Case LawsIncome Tax
    Article 8 aircraft-operation exemption excludes independent ground handling and engineering service receipts lacking qualifying airline-pool participa...
    July 20, 2026   Case LawsIncome Tax
    Form 26A compliance protects interest expenditure where portal delays are not attributable to the payer and payees have paid tax.
    July 20, 2026   Case LawsIncome Tax
    Section 87A rebate covers short-term capital gains tax under the new regime before later special-rate restrictions apply.
    July 20, 2026   Case LawsIncome Tax
    Defective penalty notices and bona fide claims can invalidate penalties for disputed tax disallowances and under-reporting.
    July 20, 2026   Case LawsIncome Tax
    Specific statutory charge in undisclosed-income penalty notices is essential; an unspecified penalty limb invalidates the proceedings.
    July 20, 2026   Case LawsIncome Tax
    Doctrine of mutuality protects member-funded co-operative society surpluses, while timely audited returns avoid late-filing fee.
    July 20, 2026   Case LawsIncome Tax
    Transfer under joint development agreements requires enforceable, irrevocable divestment of property rights before capital gains can arise.
    July 20, 2026   Case LawsIncome Tax
    Bad-debt write-offs and reconciled contract receipts cannot support revision where assessment records show adequate enquiry.
    July 20, 2026   Case LawsCustoms
    Binding detention-cum-waiver certificates require compliance, supporting conditional interim release of perishable imported goods despite detention ch...
    July 20, 2026   Case LawsCustoms
    Food-safety sampling requires FSSAI authorisation, while Customs retains separate powers for revenue, classification and import-compliance purposes.
    July 20, 2026   Case LawsCustoms
    Restoration jurisdiction permits rehearing after default but cannot decide maintainability or replace the earlier dismissal order.
    July 20, 2026   Case LawsSEBI
    Mandatory pre-cognizance hearing under BNSS applies to SEBI complaints where the special statute provides no inconsistent procedure.
    July 20, 2026   Case LawsIBC
    Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
    July 20, 2026   Case LawsIBC
    CIRP challenges require timely statutory objections, compliant resolution plans, and cannot replace the CoC's commercial valuation assessment.
    July 20, 2026   Case LawsService Tax
    Suppression of taxable service receipts justified extended limitation and penalty where mandatory returns and records were not furnished.
    July 20, 2026   Case LawsService Tax
    Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
    July 20, 2026   Case LawsVAT / Sales Tax
    High-seas sale proof and conditional exemption compliance determined taxability of imported cars and restoration of tax liability.
    July 18, 2026   Case LawsMoney Laundering
    PMLA twin bail conditions remained unsatisfied as alleged fund diversion, flight risk, and imminent trial defeated regular bail.
    July 18, 2026   NotificationsIncome Tax
    Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
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    July 20, 2026   Case Laws Income Tax
    Transfer-pricing adjustments for project business and intra-group services were remanded for fresh consideration under DRP directions.
    July 20, 2026   Case Laws Income Tax
    Article 8 aircraft-operation exemption excludes independent ground handling and engineering service receipts lacking qualifying airline-pool participation.
    July 20, 2026   Case Laws Income Tax
    Form 26A compliance protects interest expenditure where portal delays are not attributable to the payer and payees have paid tax.
    July 20, 2026   Case Laws Income Tax
    Section 87A rebate covers short-term capital gains tax under the new regime before later special-rate restrictions apply.
    July 20, 2026   Case Laws Income Tax
    Defective penalty notices and bona fide claims can invalidate penalties for disputed tax disallowances and under-reporting.
    July 20, 2026   Case Laws Income Tax
    Specific statutory charge in undisclosed-income penalty notices is essential; an unspecified penalty limb invalidates the proceedings.
    July 20, 2026   Case Laws Income Tax
    Doctrine of mutuality protects member-funded co-operative society surpluses, while timely audited returns avoid late-filing fee.
    July 20, 2026   Case Laws Income Tax
    Transfer under joint development agreements requires enforceable, irrevocable divestment of property rights before capital gains can arise.
    July 20, 2026   Case Laws Income Tax
    Bad-debt write-offs and reconciled contract receipts cannot support revision where assessment records show adequate enquiry.
    July 20, 2026   Case Laws Customs
    Binding detention-cum-waiver certificates require compliance, supporting conditional interim release of perishable imported goods despite detention charges.
    July 20, 2026   Case Laws Customs
    Food-safety sampling requires FSSAI authorisation, while Customs retains separate powers for revenue, classification and import-compliance purposes.
    July 20, 2026   Case Laws Customs
    Restoration jurisdiction permits rehearing after default but cannot decide maintainability or replace the earlier dismissal order.
    July 20, 2026   Case Laws SEBI
    Mandatory pre-cognizance hearing under BNSS applies to SEBI complaints where the special statute provides no inconsistent procedure.
    July 20, 2026   Case Laws IBC
    Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan approval.
    July 20, 2026   Case Laws IBC
    CIRP challenges require timely statutory objections, compliant resolution plans, and cannot replace the CoC's commercial valuation assessment.
    July 20, 2026   Case Laws Service Tax
    Suppression of taxable service receipts justified extended limitation and penalty where mandatory returns and records were not furnished.
    July 20, 2026   Case Laws Service Tax
    Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastructure services.
    July 20, 2026   Case Laws VAT / Sales Tax
    High-seas sale proof and conditional exemption compliance determined taxability of imported cars and restoration of tax liability.
    July 18, 2026   Case Laws Money Laundering
    PMLA twin bail conditions remained unsatisfied as alleged fund diversion, flight risk, and imminent trial defeated regular bail.
    July 18, 2026   Notifications Income Tax
    Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filing.

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      Home› Highlights › Service Tax › 2026 › June, 2026 › This
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      Service Tax

      Liquidated damages and penalty clauses for delayed contractual...

      Liquidated damages for delayed delivery are not taxable as consideration for tolerating breach under declared service rules

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      Service TaxJune 16, 2026Case LawsAT
      Liquidated damages and penalty clauses for delayed contractual performance are compensatory consequences of breach, not consideration for a consensual service of tolerating an act under the declared service provisions. Taxability requires a bilateral arrangement under which one party agrees, for consideration, to refrain from an act, tolerate a situation, or do an act; here, the contract merely imposed a financial consequence for default and did not create an independent agreement to tolerate delay. The Tribunal therefore treated recovery of liquidated damages from suppliers for delayed delivery as non-taxable and upheld the order setting aside the service tax demand.
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