Monthly Archives: August 2026

Section 40(a)(i) Disallowance Upheld On MFN Withdrawal, Goodwill Depreciation, POS Charges, Software Depreciation, Section 80JJAA Allowed

By | August 6, 2026
0 Comment

Section 40(a)(i) Disallowance Upheld On MFN Withdrawal, Goodwill Depreciation, POS Charges, Software Depreciation, Section 80JJAA Allowed Section 40(a)(i) Disallowance Upheld On MFN Withdrawal, Goodwill Depreciation, POS Charges, Software Depreciation, Section 80JJAA Allowed Issue Whether the disallowance under Section 40(a)(i) for export commission, depreciation on goodwill and software, revenue deduction for land development and Principal Only… Read More »

Hospital Operating Modern Facilities and Earning Surplus Retains Section 2(15) Charitable Character

By | August 6, 2026
0 Comment

Hospital Operating Modern Facilities and Earning Surplus Retains Section 2(15) Charitable Character Issue Whether running a modern, tertiary-care hospital with premium facilities, significant receipts, and operational surplus alters the charitable character of “medical relief” under Section 2(15) or invalidates Section 12AB registration. Whether alleged non-compliance with indigent patient bed reservation under Section 41AA of the… Read More »

Unexplained Demonetized Cash Deposits And Subsequent RTGS Transfers From Unknown Entities Constitute Benami Transactions Under PBPT Act

By | August 6, 2026
0 Comment

Unexplained Demonetized Cash Deposits And Subsequent RTGS Transfers From Unknown Entities Constitute Benami Transactions Under PBPT Act Issue Whether unexplained deposits of demonetized currency and subsequent RTGS transfers into a proprietorship’s bank account from unknown entities, unsupported by independent trade evidence, constitute a ‘benami transaction’ under Section 2(9) read with Section 2(26), justifying provisional attachment… Read More »

GST CASE LAW 01.08.2026

By | August 5, 2026
0 Comment

GST CASE LAW 01.08.2026 Relevant Act Section Case Law Title Brief Summary Citation CGST Act, 2017 Section 54 Alstom Transport India Ltd. v. Union of India Omission of Rules 89(4B) and 96(10) without a saving clause rendered all pending SCNs and orders under those rules lapsed ab initio, warranting the quashing of the adjudication order… Read More »

CBEC Circular Assigning Proper Officers Is Valid As Commissioner Forms Constituent Part Of Board

By | August 5, 2026
0 Comment

CBEC Circular Assigning Proper Officers Is Valid As Commissioner Forms Constituent Part Of Board Issue Whether Circular No. 3/3/2017-GST assigning functions to “proper officers” under Section 168(2) read with Section 2(91) of the CGST Act is unauthorized and invalid on the premise that such assignment powers belong exclusively to the “Commissioner in Board” rather than… Read More »

Bail Granted To Director In Online Gaming GST Evasion Case As Investigation Was Completed

By | August 5, 2026
0 Comment

Bail Granted To Director In Online Gaming GST Evasion Case As Investigation Was Completed Issue Whether pre-trial bail under Section 132 read with Section 69 should be granted to a director in an alleged Rs 28.61 crore GST evasion case where investigation is complete, the complaint is filed, and no risk of tampering or absconding… Read More »