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    October 28, 2026   Case Laws GST
    GST notice service requires alternative delivery and personal hearing before ex parte assessment; time-barred input tax credit is quashed.
    October 28, 2026   Case Laws IBC
    Related-party creditor exclusion bars CoC participation where lender rights show policy-making involvement, and post-CIRP assignment cannot cure ineli...
    October 28, 2026   Case Laws GST
    Retrospective input tax credit eligibility overrides filing-time limits for specified years when GST returns met the prescribed deadline.
    October 28, 2026   Case Laws GST
    Effective GST notice service requires further statutory communication and a personal hearing when portal notices receive no response.
    October 28, 2026   Case Laws GST
    Interest on wrongly availed IGST credit requires fresh review against the combined electronic credit ledger balance.
    October 28, 2026   Case Laws GST
    Ex parte compensation cess demand set aside, restoring show-cause response opportunity subject to partial balance-tax payment.
    October 28, 2026   Case Laws GST
    Show-cause notice specificity invalidates GST demands founded on undisclosed grounds and requires reconciliation of wrong-head tax payments.
    October 28, 2026   Case Laws GST
    Delayed bookkeeping entries supported by invoices and returns do not establish deliberate non-accountal or justify stock confiscation.
    October 28, 2026   Case Laws GST
    Statutory limits on GST appeal delay prevent excess condonation, while implemented registration restoration renders departmental challenge non-maintai...
    October 28, 2026   Case Laws GST
    Rectification of apparent typographical errors may proceed without hearing when tax liability, input tax credit, and ruling substance remain unchanged...
    October 28, 2026   Case Laws Income Tax
    Tax deductions for manufacturing repairs, research and captive power were accepted, while parking-shed depreciation remained restricted.
    October 28, 2026   Case Laws Income Tax
    Change of opinion bars reassessment where scrutiny already examined mutual fund short-term capital loss without fresh tangible material.
    October 28, 2026   Case Laws Income Tax
    Tax exemption for Urban Improvement Trust income fails without notified status, State ownership, or timely charitable registration.
    October 28, 2026   Case Laws Income Tax
    Crystallised royalty liabilities and compensatory interest qualify as business expenditure when demands arise and payments support mining operations.
    October 28, 2026   Case Laws Income Tax
    Reasonable cause shields inadvertent TDS non-deduction from penalty where a bona fide belief and administrative disruption are established.
    October 28, 2026   Case Laws Income Tax
    Section 87A rebate applies under the new tax regime when total income stays within the statutory threshold.
    October 28, 2026   Case Laws Income Tax
    Limited remand finality bars reopening stamp-duty valuation, while unproven agricultural use and cash claims fail.
    October 28, 2026   Case Laws Income Tax
    Jewellery seizure guidelines do not create assessment exemption where separate ownership and source remain unproved.
    October 28, 2026   Case Laws Income Tax
    Binding interim judicial directions protect employers from TDS default and consequential interest on foreign leave fare reimbursements.
    October 28, 2026   Case Laws Income Tax
    Search-triggered assessment route invalidates regular scrutiny completion without reassessment procedure and mandatory statutory approval being obtain...
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October 28, 2026   Case Laws GST
GST notice service requires alternative delivery and personal hearing before ex parte assessment; time-barred input tax credit is quashed.
October 28, 2026   Case Laws IBC
Related-party creditor exclusion bars CoC participation where lender rights show policy-making involvement, and post-CIRP assignment cannot cure ineligibility.
October 28, 2026   Case Laws GST
Retrospective input tax credit eligibility overrides filing-time limits for specified years when GST returns met the prescribed deadline.
October 28, 2026   Case Laws GST
Effective GST notice service requires further statutory communication and a personal hearing when portal notices receive no response.
October 28, 2026   Case Laws GST
Interest on wrongly availed IGST credit requires fresh review against the combined electronic credit ledger balance.
October 28, 2026   Case Laws GST
Ex parte compensation cess demand set aside, restoring show-cause response opportunity subject to partial balance-tax payment.
October 28, 2026   Case Laws GST
Show-cause notice specificity invalidates GST demands founded on undisclosed grounds and requires reconciliation of wrong-head tax payments.
October 28, 2026   Case Laws GST
Delayed bookkeeping entries supported by invoices and returns do not establish deliberate non-accountal or justify stock confiscation.
October 28, 2026   Case Laws GST
Statutory limits on GST appeal delay prevent excess condonation, while implemented registration restoration renders departmental challenge non-maintainable.
October 28, 2026   Case Laws GST
Rectification of apparent typographical errors may proceed without hearing when tax liability, input tax credit, and ruling substance remain unchanged.
October 28, 2026   Case Laws Income Tax
Tax deductions for manufacturing repairs, research and captive power were accepted, while parking-shed depreciation remained restricted.
October 28, 2026   Case Laws Income Tax
Change of opinion bars reassessment where scrutiny already examined mutual fund short-term capital loss without fresh tangible material.
October 28, 2026   Case Laws Income Tax
Tax exemption for Urban Improvement Trust income fails without notified status, State ownership, or timely charitable registration.
October 28, 2026   Case Laws Income Tax
Crystallised royalty liabilities and compensatory interest qualify as business expenditure when demands arise and payments support mining operations.
October 28, 2026   Case Laws Income Tax
Reasonable cause shields inadvertent TDS non-deduction from penalty where a bona fide belief and administrative disruption are established.
October 28, 2026   Case Laws Income Tax
Section 87A rebate applies under the new tax regime when total income stays within the statutory threshold.
October 28, 2026   Case Laws Income Tax
Limited remand finality bars reopening stamp-duty valuation, while unproven agricultural use and cash claims fail.
October 28, 2026   Case Laws Income Tax
Jewellery seizure guidelines do not create assessment exemption where separate ownership and source remain unproved.
October 28, 2026   Case Laws Income Tax
Binding interim judicial directions protect employers from TDS default and consequential interest on foreign leave fare reimbursements.
October 28, 2026   Case Laws Income Tax
Search-triggered assessment route invalidates regular scrutiny completion without reassessment procedure and mandatory statutory approval being obtained.

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

Whether distribution receipts constituted fees for technical...

Sale of distribution rights and standardized software treated as business income, not FTS; India-Singapore DTAA applies

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Income Tax January 17, 2026 Case Laws AT
Whether distribution receipts constituted fees for technical services: applying the test of rendition of technical/managerial services to the payer (requiring human intervention, bespoke support or consultancy), the tribunal found none-payments arose from sale of distribution rights and standardized software; outcome: receipts are business income, not FTS. Whether India-Switzerland DTAA could be invoked: treaty applicability is governed by the assessee's undisputed residency and Article 1; Revenue's attempt to apply the India-Switzerland DTAA (without alleging sham/conduit or fraud) was rejected-outcome: India-Singapore DTAA governs. Applicability of s.10(50): since receipts are not royalty/FTS, exclusion under s.10(50) applies subject to verification of equalization levy payment, which was demonstrated. TDS credit: directed to be verified and granted as per Form 26AS after opportunity of hearing. - ITAT
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