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    June 4, 2026   Case Laws Income Tax
    Bank deposits as business turnover cannot be taxed again as unexplained income where presumptive profit was already offered.
    June 4, 2026   Case Laws Income Tax
    Transfer pricing benchmarking must follow segmental profitability and FAR-comparable exporters, with the statutory tolerance band applied.
    June 4, 2026   Case Laws Income Tax
    Capital gains computation must allow fair market value substitution and proper scrutiny of valuation claims before taxing sale proceeds.
    June 4, 2026   Case Laws Income Tax
    Household withdrawals, unexplained creditors, and freight TDS disallowance were each tested on evidence and sustained or deleted accordingly.
    June 4, 2026   Case Laws Income Tax
    Related-party slump loss and compensation receipts taxed as revenue while own-fund interest claims and section 14A relief were upheld
    June 4, 2026   Case Laws Income Tax
    Typographical error in employer TAN may be corrected to secure TDS credit where substantive entitlement exists.
    June 4, 2026   Case Laws Income Tax
    Cessation of liability under Section 41(1) fails where AOP funds are received personally and introduced as capital.
    June 4, 2026   Case Laws Income Tax
    Technical misdescription of deduction provision cannot defeat genuine donation relief where payment to an approved institution is otherwise eligible.
    June 4, 2026   Case Laws Income Tax
    Co-terminus appellate powers and mandatory reassessment notice govern remand and deletion of additions for lack of section 143(2) notice.
    June 4, 2026   Case Laws Income Tax
    Revenue-neutral timing of interest deduction under mercantile accounting defeats disallowance of genuine business expenditure.
    June 4, 2026   Case Laws Income Tax
    Section 10(46) exemption covers regulatory and incidental receipts; accounting as prior period income does not change exempt character.
    June 4, 2026   Case Laws Income Tax
    Opening work-in-progress treated as prior-period investment cannot be taxed as unexplained investment in the current year.
    June 4, 2026   Case Laws Income Tax
    Discretionary penalty under the Black Money Act cannot stand for bona fide non-disclosure of foreign ESOP shares already taxed
    June 4, 2026   Case Laws Benami Property
    Review order restoring appeals is not independently appealable where the Tribunal acts on reserved liberty and binding precedent.
    June 4, 2026   Case Laws Benami Property
    Benami transaction tracing through money trail sustained provisional attachment of a vehicle linked to land compensation funds.
    June 4, 2026   Case Laws Customs
    SEZ procurement and diversion findings set aside after inadmissible statements, weak data reliance, and burden-of-proof errors.
    June 4, 2026   Case Laws Customs
    Declared value for used garments needs reliable comparables; restricted second-hand imports without licence may still attract confiscation and moderat...
    June 4, 2026   Case Laws Customs
    Concessional CVD for cement turns on intended retail sale, not printed RSP or packaging, while substituted valuation and extended limitation failed.
    June 4, 2026   Case Laws Customs
    Proportionality in Customs Broker regulation: procedural lapse did not justify licence revocation, but penalty survived for poor compliance.
    June 4, 2026   Case Laws Customs
    Preferential exemption and certificate of origin cannot be denied by unilateral recomputation of local value added content.
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June 4, 2026   Case Laws Income Tax
Bank deposits as business turnover cannot be taxed again as unexplained income where presumptive profit was already offered.
June 4, 2026   Case Laws Income Tax
Transfer pricing benchmarking must follow segmental profitability and FAR-comparable exporters, with the statutory tolerance band applied.
June 4, 2026   Case Laws Income Tax
Capital gains computation must allow fair market value substitution and proper scrutiny of valuation claims before taxing sale proceeds.
June 4, 2026   Case Laws Income Tax
Household withdrawals, unexplained creditors, and freight TDS disallowance were each tested on evidence and sustained or deleted accordingly.
June 4, 2026   Case Laws Income Tax
Related-party slump loss and compensation receipts taxed as revenue while own-fund interest claims and section 14A relief were upheld
June 4, 2026   Case Laws Income Tax
Typographical error in employer TAN may be corrected to secure TDS credit where substantive entitlement exists.
June 4, 2026   Case Laws Income Tax
Cessation of liability under Section 41(1) fails where AOP funds are received personally and introduced as capital.
June 4, 2026   Case Laws Income Tax
Technical misdescription of deduction provision cannot defeat genuine donation relief where payment to an approved institution is otherwise eligible.
June 4, 2026   Case Laws Income Tax
Co-terminus appellate powers and mandatory reassessment notice govern remand and deletion of additions for lack of section 143(2) notice.
June 4, 2026   Case Laws Income Tax
Revenue-neutral timing of interest deduction under mercantile accounting defeats disallowance of genuine business expenditure.
June 4, 2026   Case Laws Income Tax
Section 10(46) exemption covers regulatory and incidental receipts; accounting as prior period income does not change exempt character.
June 4, 2026   Case Laws Income Tax
Opening work-in-progress treated as prior-period investment cannot be taxed as unexplained investment in the current year.
June 4, 2026   Case Laws Income Tax
Discretionary penalty under the Black Money Act cannot stand for bona fide non-disclosure of foreign ESOP shares already taxed
June 4, 2026   Case Laws Benami Property
Review order restoring appeals is not independently appealable where the Tribunal acts on reserved liberty and binding precedent.
June 4, 2026   Case Laws Benami Property
Benami transaction tracing through money trail sustained provisional attachment of a vehicle linked to land compensation funds.
June 4, 2026   Case Laws Customs
SEZ procurement and diversion findings set aside after inadmissible statements, weak data reliance, and burden-of-proof errors.
June 4, 2026   Case Laws Customs
Declared value for used garments needs reliable comparables; restricted second-hand imports without licence may still attract confiscation and moderate penalties.
June 4, 2026   Case Laws Customs
Concessional CVD for cement turns on intended retail sale, not printed RSP or packaging, while substituted valuation and extended limitation failed.
June 4, 2026   Case Laws Customs
Proportionality in Customs Broker regulation: procedural lapse did not justify licence revocation, but penalty survived for poor compliance.
June 4, 2026   Case Laws Customs
Preferential exemption and certificate of origin cannot be denied by unilateral recomputation of local value added content.

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Home › Highlights › Service Tax › 2024 › November, 2024 › This
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Service Tax

Co-operative housing society providing residential flats to...

Residential flats by co-op housing society for members exempted from "construction service" tax under mutuality doctrine.

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Service Tax November 26, 2024 Case Laws AT
Co-operative housing society providing residential flats to members does not constitute taxable service under "construction of residential complex" due to doctrine of mutuality. Society and members not separate entities, hence no service provider-recipient relationship exists. Activity falls under "Club or Association Service". Demand unsustainable as per Supreme Court's decision in Calcutta Club case covering pre and post-negative list regime periods. Even if time-barred, no suppression of facts attributable to society given interpretational issues involved. Demand unsustainable on grounds of doctrine of mutuality and time bar.
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Acts Income Tax
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