Monthly Archives: March 2026

ITC Time Bar Relief: Section 16(5) Overrides Section 16(4) for Past Periods

By | March 5, 2026

ITC Time Bar Relief: Section 16(5) Overrides Section 16(4) for Past Periods The Legal Issue The case addresses the conflict between the original time limit for claiming Input Tax Credit (ITC) under Section 16(4) and the newly introduced relaxation under Section 16(5) of the CGST/TNGST Act. Specifically, it examines whether a taxpayer is entitled to… Read More »

Category: GST

IMPORTANT INCOME TAX CASE LAWS 05.03.2026

By | March 5, 2026

IMPORTANT INCOME TAX CASE LAWS 05.03.2026 Section Case Law Core Ruling & Strategic Summary Citation S. 11 Chhattisgarh Housing Board [No Profit Motive] Statutory Housing Boards qualify for S. 11 exemption if units are sold at cost or with a nominal mark-up without a profit motive. Click Here S. 11 / 119 Dawat E Islami… Read More »

Section 263 Revision Quashed: ITAT Rules Against “Fishing Enquiries” and AI-Based Estimates

By | March 5, 2026

Section 263 Revision Quashed: ITAT Rules Against “Fishing Enquiries” and AI-Based Estimates The Income Tax Appellate Tribunal (ITAT), Delhi (February 2026), in the case of Shri Mukul Rohatgi v. PCIT, delivered a significant ruling on the limits of a Principal Commissioner’s (PCIT) revisionary powers under Section 263. The Tribunal quashed the PCIT’s attempt to reopen… Read More »

Exemption Under Section 11: Treatment of Foreign Research Sub-Grants

By | March 5, 2026

Exemption Under Section 11: Treatment of Foreign Research Sub-Grants The Legal Issue The primary dispute was whether a portion of a project-specific grant received from a foreign entity (NIH, USA) and subsequently remitted to a foreign collaborator (University of Texas, USA) constitutes an “application of income outside India” or a “benefit to specified persons,” thereby… Read More »

Delay in Filing Form 10B: Condonation Granted Based on “Genuine Hardship”

By | March 5, 2026

Delay in Filing Form 10B: Condonation Granted Based on “Genuine Hardship” The Legal Issue The primary question is whether a delay in filing the Audit Report (Form 10B) should lead to the automatic denial of exemption under Section 11, or whether the Commissioner (Exemptions) is bound to exercise the power of condonation under Section 119(2)(b)… Read More »

Statutory Housing Boards: Profit Motive vs. General Public Utility (GPU)

By | March 5, 2026

Statutory Housing Boards: Profit Motive vs. General Public Utility (GPU) The Legal Issue The core dispute is whether a Statutory Housing Board, which sells plots and residential units, should be treated as a commercial real estate developer (taxable) or a charitable organization providing a General Public Utility (GPU) (exempt under Section 11). The conflict centers… Read More »

IMPORTANT GST CASE LAWS 03.03.2026

By | March 4, 2026

IMPORTANT GST CASE LAWS 03.03.2026 Section Case Law Core Ruling & Strategic Summary Citation S. 6 SA Aromatics (Allahabad HC) [No Parallel Trials] Separate proceedings by Central and State authorities on the same subject matter are barred. Once one authority issues an order, they are functus officio. Click Here S. 74 SA Aromatics (Allahabad HC)… Read More »

IMPORTANT INCOME TAX CASE LAWS 02.03.2026

By | March 4, 2026

IMPORTANT INCOME TAX CASE LAWS 02.02.2026   Section Case Law Core Ruling & Strategic Summary Citation S. 5 Bain & Company, Inc. [VSV Settlement] Settling a dispute under the Vivad se Vishwas scheme for earlier years does not bind the assessee to accept taxability on the same issue in subsequent years. Click Here S. 9… Read More »

Consultancy Fees and Subscriptions: US Resident Company Wins on “Make Available” and Royalty Disputes

By | March 4, 2026

Consultancy Fees and Subscriptions: US Resident Company Wins on “Make Available” and Royalty Disputes The Legal Issues The ITAT (Assessment Year 2022-23) addressed five critical cross-border and procedural taxation themes: FIS vs. Business Income: Whether management consultancy fees are taxable as “Fees for Included Services” (FIS) under the India-USA DTAA. The “Make Available” Requirement: Whether… Read More »