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    April 8, 2026   Case Laws Income Tax
    Taxability of contractual receipts follows the accounting method and Form 26AS reflection, ITAT upholds addition.
    April 8, 2026   Case Laws Income Tax
    Penalty for non-compliance with notice set aside where adjournments were sought and details were later furnished in scrutiny assessment.
    April 8, 2026   Case Laws Income Tax
    Transfer pricing comparables excluded after remand failure, with arm's length price adjustment recomputed for software services.
    April 8, 2026   Case Laws Income Tax
    Arm's length pricing of captive power transfers: industrial tariff accepted as the benchmark, and the transfer pricing adjustment was deleted.
    April 8, 2026   Case Laws Income Tax
    Plausible explanation for offering income and paying tax led ITAT to delete penalty for alleged cash receipts.
    April 8, 2026   Case Laws Income Tax
    Real income and tax credit principles led to deletion of expense disallowance and verification of self-assessment tax credit.
    April 8, 2026   Case Laws Income Tax
    Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examinat...
    April 8, 2026   Case Laws Income Tax
    Embedded profit in on-money receipts taxed at 10%, with income recognised on sale deed execution, not cash receipt.
    April 8, 2026   Case Laws Income Tax
    Surcharge on private discretionary trusts: ITAT applies Finance Act slab rates and accepts 15% surcharge instead of 25%.
    April 8, 2026   Case Laws Customs
    Provisional release conditions: bank guarantee for seized goods held arbitrary, while appeal maintainability was upheld.
    April 8, 2026   Case Laws Customs
    Ore-to-concentrate conversion defeats CVD exemption where imported manganese has undergone washing, waste removal and sizing.
    April 8, 2026   Case Laws Customs
    Refund claims filed before final settlement of an exemption dispute are premature and may be rejected.
    April 8, 2026   Case Laws Customs
    FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
    April 8, 2026   Case Laws Customs
    Customs Broker due diligence obligations narrowly construed; revocation and penalty set aside for lack of proof of regulatory breach.
    April 8, 2026   Case Laws IBC
    Moratorium protection over leased premises bars lessor from recovering possession while the corporate debtor remains in possession.
    April 8, 2026   Case Laws IBC
    Limitation for CIRP based on DRT recovery certificate was not defeated by absence of a separately stated default date.
    April 8, 2026   Case Laws IBC
    Insolvency professional misconduct upheld where resolution plan compliance failures and prior affirmed findings justified dismissal of the appeal.
    April 8, 2026   Case Laws FEMA
    Export proceeds realisation and director liability under FEMA were upheld for failure to ship goods and recover outstanding exports.
    April 8, 2026   Case Laws FEMA
    Proof of import through Bills of Entry failed on inadequate high sea sale evidence, sustaining remittance contravention
    April 8, 2026   Case Laws FEMA
    Electronic evidence and retracted statements under FEMA upheld, but penalties were reduced for excessive quantum.
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April 8, 2026   Case Laws Income Tax
Taxability of contractual receipts follows the accounting method and Form 26AS reflection, ITAT upholds addition.
April 8, 2026   Case Laws Income Tax
Penalty for non-compliance with notice set aside where adjournments were sought and details were later furnished in scrutiny assessment.
April 8, 2026   Case Laws Income Tax
Transfer pricing comparables excluded after remand failure, with arm's length price adjustment recomputed for software services.
April 8, 2026   Case Laws Income Tax
Arm's length pricing of captive power transfers: industrial tariff accepted as the benchmark, and the transfer pricing adjustment was deleted.
April 8, 2026   Case Laws Income Tax
Plausible explanation for offering income and paying tax led ITAT to delete penalty for alleged cash receipts.
April 8, 2026   Case Laws Income Tax
Real income and tax credit principles led to deletion of expense disallowance and verification of self-assessment tax credit.
April 8, 2026   Case Laws Income Tax
Timing mismatch in income recognition requires verification whether receipts were already taxed in an earlier year; matter remitted for fresh examination.
April 8, 2026   Case Laws Income Tax
Embedded profit in on-money receipts taxed at 10%, with income recognised on sale deed execution, not cash receipt.
April 8, 2026   Case Laws Income Tax
Surcharge on private discretionary trusts: ITAT applies Finance Act slab rates and accepts 15% surcharge instead of 25%.
April 8, 2026   Case Laws Customs
Provisional release conditions: bank guarantee for seized goods held arbitrary, while appeal maintainability was upheld.
April 8, 2026   Case Laws Customs
Ore-to-concentrate conversion defeats CVD exemption where imported manganese has undergone washing, waste removal and sizing.
April 8, 2026   Case Laws Customs
Refund claims filed before final settlement of an exemption dispute are premature and may be rejected.
April 8, 2026   Case Laws Customs
FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof.
April 8, 2026   Case Laws Customs
Customs Broker due diligence obligations narrowly construed; revocation and penalty set aside for lack of proof of regulatory breach.
April 8, 2026   Case Laws IBC
Moratorium protection over leased premises bars lessor from recovering possession while the corporate debtor remains in possession.
April 8, 2026   Case Laws IBC
Limitation for CIRP based on DRT recovery certificate was not defeated by absence of a separately stated default date.
April 8, 2026   Case Laws IBC
Insolvency professional misconduct upheld where resolution plan compliance failures and prior affirmed findings justified dismissal of the appeal.
April 8, 2026   Case Laws FEMA
Export proceeds realisation and director liability under FEMA were upheld for failure to ship goods and recover outstanding exports.
April 8, 2026   Case Laws FEMA
Proof of import through Bills of Entry failed on inadequate high sea sale evidence, sustaining remittance contravention
April 8, 2026   Case Laws FEMA
Electronic evidence and retracted statements under FEMA upheld, but penalties were reduced for excessive quantum.

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Income Tax

TDS u/s 195 - grossing up - the obligation to pay the tax is on...

Section 195: Tax Payment Obligation on Recipient; Grossing-Up Principle Applies if Assessee Agrees to Pay Taxes.

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Income Tax November 6, 2018 Case Laws HC
TDS u/s 195 - grossing up - the obligation to pay the tax is on the recipient and since the assessee in terms of the agreement agreed to pay the taxes, the same has to be necessarily added to the income of the recipient and therefore, the principle of grossing up has to be applied.
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Acts Income Tax
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