Monthly Archives: January 2026

Depreciable Assets (Factory) Denied Indexation Under Section 50; Agricultural Land Status Remanded for Fact-Finding

By | January 12, 2026

Depreciable Assets (Factory) Denied Indexation Under Section 50; Agricultural Land Status Remanded for Fact-Finding   Issue Depreciable Assets (Section 50): Whether the provisions of Section 50 (treating gain on depreciable assets as short-term without indexation) prevail over local municipal classifications or the physical condition of the asset (e.g., a dilapidated factory). Agricultural Land (Section 2(14)):… Read More »

Manual Signature on E-Assessment Order Invalid; Software License Fees Not FTS Under Singapore Treaty

By | January 12, 2026

Manual Signature on E-Assessment Order Invalid; Software License Fees Not FTS Under Singapore Treaty   Issue Validity of Assessment Order: Is an assessment order passed under the ‘E-Proceedings’ facility valid if it is signed manually by the Assessing Officer (AO) instead of digitally, contrary to CBDT Instruction No. 1/2018? Taxability of Software Income: Whether receipts… Read More »

State Government Subsidy Treated as Income; PF/ESI and Duty Drawback Issues Remanded

By | January 12, 2026

State Government Subsidy Treated as Income; PF/ESI and Duty Drawback Issues Remanded   Issue Taxability of Subsidy: Whether subsidies received under the “Package Scheme of Incentives, 2007” (stamp duty/electricity duty exemption, industrial promotion) are taxable as revenue income under Section 2(24)(xviii) if they are not linked to the acquisition of fixed assets. Employees’ PF/ESI Contribution:… Read More »

IMPORTANT GST CASE LAWS 09.01.2026

By | January 12, 2026

IMPORTANT GST CASE LAWS 09.01.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 9 (Mixed Supply) TCG Urban Infrastructure Holdings (P.) Ltd., In re [AAR Ruling] Hiring out assets (ACs, DG sets, fire systems) attached to a building for tenants constitutes a Mixed Supply. Since these are distinct assets supplied… Read More »

Category: GST

Supply to Power Trading Corporation (PTC) for Further Export is Domestic Supply; No Zero-Rating Benefit for Generator

By | January 12, 2026

Supply to Power Trading Corporation (PTC) for Further Export is Domestic Supply; No Zero-Rating Benefit for Generator Issue Whether the supply of electricity by a generator (Petitioner) to an intermediary (Power Trading Corporation – PTC), who subsequently exports it to Bangladesh, qualifies as a “Zero-Rated Export Supply” for the petitioner to claim a refund of… Read More »

Category: GST

Compensation Cess Refund on Coal Used for Exempt Exports Remanded for Reconsideration

By | January 12, 2026

Compensation Cess Refund on Coal Used for Exempt Exports Remanded for Reconsideration Issue Whether an exporter is entitled to a refund of accumulated unutilized Compensation Cess paid on inputs (Coal), when the final manufactured goods exported are exempt from GST/Cess, and the Department denies the claim citing that no Bond/LUT is required for exempt supplies.… Read More »

Category: GST

High Court Remands ITC Mismatch Case (GSTR-2A vs 3B) on Condition of 10% Pre-deposit

By | January 12, 2026

High Court Remands ITC Mismatch Case (GSTR-2A vs 3B) on Condition of 10% Pre-deposit Issue ITC Denial: Whether Input Tax Credit (ITC) can be denied due to a mismatch between GSTR-2A and GSTR-3B caused by technical glitches (lack of synchronization between GST portal and ICEGATE). Extended Limitation: Whether the Revenue can invoke the extended period… Read More »

Category: GST

Fitted Assets Leased to Tenants Classified as Mixed Supply of Renting, Taxable at 18%

By | January 12, 2026

Fitted Assets Leased to Tenants Classified as Mixed Supply of Renting, Taxable at 18%   Issue Whether the service of providing fitted assets (AC systems, fire sprinklers, DG sets, etc.) and infrastructure on hire to tenants in commercial properties constitutes “leasing of machinery” or “renting of immovable property,” and what is the applicable GST rate.… Read More »

Category: GST