Emerging Themes from 2026 GST Litigation

The 2026 GST decisions reveal several consistent judicial trends:

Greater Emphasis on Natural Justice

The courts have repeatedly stressed that tax authorities must strictly adhere to procedural safeguards. Whether in the context of Show Cause Notices, valuation disputes or appellate remedies, the judiciary has emphasized fairness and transparency. [taxbymanis...ogspot.com], [taxbymanis...ogspot.com]

Bonus Preference Shares: A New Route for Unlocking Surplus Reserves

 Introduction

Several prominent listed companies, including Siyaram Silk Mills, TVS Motor Company, and Sundaram-Clayton, have recently adopted an innovative mechanism for rewarding shareholders and optimising capital structure through the issuance of bonus redeemable preference shares under schemes sanctioned by the National Company Law Tribunal (NCLT). 

When the CFO Leaves, Who Owns the Digital Keys?

- CA SAKSHI AGARWAL  

 Let’s start with a small story in this regard. Client B, a rapidly growing mid-sized manufacturing firm, recently faced the sudden and less-than-amicable exit of their CFO, Mr. A. Over his five-year tenure, Mr. A had become the absolute nerve center of the company’s financial and regulatory ecosystem. He handled everything: MCA filings, GST portal access, income tax e-filing, and primary banking authorizations.

 

FAQs issued by the Employees’ Provident Fund Organisation on implementation of the revised Provident Fund wage ceiling

 We are pleased to share our latest EY Alert on the Frequently Asked Questions (FAQs) issued by the Employees’ Provident Fund Organisation (EPFO) regarding the implementation of the revised Provident Fund wage ceiling from INR15,000 to INR25,000 per month, effective 17 September 2026.

5 GST Judgments in 2026 Every Business Should Know

 The year 2026 has already witnessed several landmark GST decisions that are reshaping the contours of tax litigation and compliance in India. These rulings highlight an emerging judicial trend: tax authorities must act strictly within the powers granted by law.  

Supreme Court Ruling on GST SCNs – A Landmark Clarification

In M/s G.R. Infra Projects Ltd. v. State of Madhya Pradesh (Civil Appeal No. 11277/2026), the Supreme Court has delivered a ruling that reshapes GST litigation:

🔑 Key Takeaways:
1️⃣ Fraud / Willful Misstatement / Suppression must be evident in the SCN itself.
Mechanical use of these words is insufficient. Without specific allegations, the SCN is unsustainable. This effectively nullifies the Madras High Court’s view in Fastenex Limited (Section 74 batch matter).
2️⃣ Limitation period extended due to COVID suo moto orders.
For AY 2018‑19, the last date for issuance of notice stood extended till 28.02.2025, partially upholding the Madras High Court’s Tata Play ruling.
3️⃣ Important Note:
The Supreme Court did not consider Notification No. 56/2023 while deciding limitation. Despite this, the Court has categorically held the due date as 28.02.2025.
📌 Impact:
Reinforces taxpayer protection by requiring SCNs to contain clear fraud allegations.
Clarifies the interplay of Sections 73 & 74 of the CGST Act.
Establishes binding precedent on limitation extensions due to extraordinary circumstances.
Leaves open questions on how Notification No. 56/2023 will interplay with this ruling in future disputes.
⚖️ A judgment that will influence GST litigation strategy, compliance, and departmental action for years to come

Full ITC Principle Continues to Strengthen GST Valuation Framework

 One of the most significant developments under GST valuation jurisprudence has been the consistent recognition that where the recipient is eligible for full Input Tax Credit (ITC), disputes regarding valuation become largely revenue neutral. Over the years, advance rulings, CBIC circulars, and judicial pronouncements have progressively reinforced this principle.

Employees Provident Fund wage ceiling increased from INR15,000 to INR25,000 per month

The Ministry of Labour and Employment has notified revised wage ceiling of ₹25,000 per month for the purposes of Chapter III (Provident Fund) of the Code on Social Security, 2020 (“COSS”), replacing the earlier wage ceiling of ₹15,000 per month with effect from 17 September 2026. The change is intended to align the social security framework with prevailing wage levels and expand access to Provident Fund savings, pension benefit and insurance protection.

How AI is Rewriting India’s Permanent Establishment (PE) Rulebook: Key Takeaways

• Traditional PE rules are under pressure. Historically, a foreign company became taxable in India only if it had a physical presence such as an office, branch, factory, or employees performing business activities in India.   
• AI challenges the physical presence test. Modern businesses can serve Indian customers through AI-powered platforms, chatbots, cloud infrastructure, and autonomous systems without maintaining any physical footprint in India.   

Cross Border Clarity: No FTC, No Deduction Either

 The Mumbai ITAT, in Tata Communications Transformations Services Ltd. v. DCIT [2026], held that foreign taxes cannot be claimed as a deduction merely because the Foreign Tax Credit (FTC) remains unutilised. The Tribunal clarified that Section 40(a)(ii) disallows foreign taxes that are eligible for relief under Sections 90/91, regardless of whether the credit is actually used. For businesses in loss years, foreign withholding taxes may therefore become a sunk cost, making FTC planning crucial.

5 GST Judgments in 2026 Every Business Should Be Watching

The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litigation strategy. Businesses, tax professionals, and finance leaders should closely track the following developments:

PMS commission allowed as deductible expenses.

 In an important ruling in the case of Ameeta Jagdish Thackersey, the Mumbai ITAT has held that Portfolio Management Service (PMS) fees are deductible while computing capital gains under Section 48 of ITA, 1961. The ITAT noted that Coordinate Benches (Delhi, Mumbai, Pune etc) have taken divergent views on this issue. In the absence of a binding decision from the Jurisdictional High Court or the Supreme Court, the ITAT upheld the view favourable to the assessee. A one pager summary of the ruling is attached below.

The ruling is also a useful reminder that where genuine divergence exists in judicial interpretation, the benefit of a reasonable alternative view cannot ordinarily be denied to the taxpayer merely because the Revenue Authorites prefers the other interpretation.