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    August 21, 2026   Case LawsMoney Laundering
    Uncorroborated co-accused statements cannot alone establish knowing participation in money laundering, requiring quashing of proceedings against alleg...
    August 21, 2026   Case LawsService Tax
    Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provi...
    August 21, 2026   Case LawsService Tax
    Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability...
    August 21, 2026   Case LawsService Tax
    Merchant discount rate taxation bars a separate service-tax levy on issuing bank interchange fees already included in the composite charge.
    August 21, 2026   Case LawsIndian Laws
    Cheating and criminal conspiracy require proof of dishonest inducement and a proven agreement, not suspicion or selective attribution.
    August 20, 2026   Case LawsGST
    Common Portal service alone does not validly serve contested GST notices or trigger appeal limitation periods.
    August 20, 2026   NotificationsLaw of Competition
    Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
    August 20, 2026   Case LawsGST
    Restoration of GST registration appeal ensures merits consideration after limitation-based dismissal is set aside under binding precedent.
    August 20, 2026   Case LawsGST
    GST registration cancellation for prolonged return default may operate during default, while time-barred appeals cannot be revived through writs.
    August 20, 2026   Case LawsGST
    Road-access annuity exemption excludes deferred payments that constitute consideration for taxable road works-contract services under concession arran...
    August 20, 2026   Case LawsGST
    Uncomputed GST liability for transporter supports regular bail in alleged clandestine goods transportation without invoices and e-way bills.
    August 20, 2026   Case LawsGST
    Classification of Psyllium seeds as dried goods denies fresh-produce exemption and results in GST liability.
    August 20, 2026   Case LawsIncome Tax
    Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
    August 20, 2026   Case LawsIncome Tax
    Sufficient cause for departmental delay justified condonation and enabled the Revenue's income-tax appeal to proceed for admission.
    August 20, 2026   Case LawsIncome Tax
    Transfer-pricing method selection remains factual where TNMM is rule-compliant, leaving no substantial question of law for review.
    August 20, 2026   Case LawsIncome Tax
    Reopening after four years fails where audit objections merely trigger re-examination of records already assessed without fresh tangible material.
    August 20, 2026   Case LawsIncome Tax
    TDS credit for actual deduction cannot be denied solely because the deductor failed to deposit or report tax.
    August 20, 2026   Case LawsIncome Tax
    Depreciation on acquired brand-name and distribution rights is allowable as business or commercial intangible assets under Section 32.
    August 20, 2026   Case LawsIncome Tax
    Ind AS and ICDS tax computation principles prevent taxation of notional income and unsupported double disallowances.
    August 20, 2026   Case LawsIncome Tax
    Capital gains on transferable development rights apply where surrendered land provides an ascertainable acquisition cost for the rights.
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    August 21, 2026   Case Laws Money Laundering
    Uncorroborated co-accused statements cannot alone establish knowing participation in money laundering, requiring quashing of proceedings against alleged facilitators.
    August 21, 2026   Case Laws Service Tax
    Intermediary service classification fails where overseas admission facilitation is supplied independently, preserving export treatment and small-provider exemption.
    August 21, 2026   Case Laws Service Tax
    Satellite transponder bandwidth is telecommunication, not Business Support Service; foreign non-telegraph providers triggered no service tax liability.
    August 21, 2026   Case Laws Service Tax
    Merchant discount rate taxation bars a separate service-tax levy on issuing bank interchange fees already included in the composite charge.
    August 21, 2026   Case Laws Indian Laws
    Cheating and criminal conspiracy require proof of dishonest inducement and a proven agreement, not suspicion or selective attribution.
    August 20, 2026   Case Laws GST
    Common Portal service alone does not validly serve contested GST notices or trigger appeal limitation periods.
    August 20, 2026   Notifications Law of Competition
    Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period expires.
    August 20, 2026   Case Laws GST
    Restoration of GST registration appeal ensures merits consideration after limitation-based dismissal is set aside under binding precedent.
    August 20, 2026   Case Laws GST
    GST registration cancellation for prolonged return default may operate during default, while time-barred appeals cannot be revived through writs.
    August 20, 2026   Case Laws GST
    Road-access annuity exemption excludes deferred payments that constitute consideration for taxable road works-contract services under concession arrangements.
    August 20, 2026   Case Laws GST
    Uncomputed GST liability for transporter supports regular bail in alleged clandestine goods transportation without invoices and e-way bills.
    August 20, 2026   Case Laws GST
    Classification of Psyllium seeds as dried goods denies fresh-produce exemption and results in GST liability.
    August 20, 2026   Case Laws Income Tax
    Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge.
    August 20, 2026   Case Laws Income Tax
    Sufficient cause for departmental delay justified condonation and enabled the Revenue's income-tax appeal to proceed for admission.
    August 20, 2026   Case Laws Income Tax
    Transfer-pricing method selection remains factual where TNMM is rule-compliant, leaving no substantial question of law for review.
    August 20, 2026   Case Laws Income Tax
    Reopening after four years fails where audit objections merely trigger re-examination of records already assessed without fresh tangible material.
    August 20, 2026   Case Laws Income Tax
    TDS credit for actual deduction cannot be denied solely because the deductor failed to deposit or report tax.
    August 20, 2026   Case Laws Income Tax
    Depreciation on acquired brand-name and distribution rights is allowable as business or commercial intangible assets under Section 32.
    August 20, 2026   Case Laws Income Tax
    Ind AS and ICDS tax computation principles prevent taxation of notional income and unsupported double disallowances.
    August 20, 2026   Case Laws Income Tax
    Capital gains on transferable development rights apply where surrendered land provides an ascertainable acquisition cost for the rights.

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      Home› Highlights › Income Tax › 2026 › August, 2026 › This
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      Income Tax

      Share premium received on a fresh issue of equity shares to a...

      Non-resident share premium remains capital receipt; reassessment cannot shift from alleged share sale to uncommunicated genuineness objections.

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      Income TaxAugust 21, 2026Case LawsHC
      Share premium received on a fresh issue of equity shares to a non-resident shareholder is treated as a capital-account receipt rather than taxable income, unless another charging provision applies. The limited statutory rule taxing excess premium over fair market value is identified as applying to premiums received from residents. Reassessment based on an alleged sale of shares is unsustainable where the record instead shows a fresh allotment. Introducing an uncommunicated objection to the genuineness of the issue without allowing a response breaches natural justice, particularly where no fresh tangible material supports the shift. CBDT instructions governing capital-account share premium bind field officers.
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