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Archive: 09 February 2026

Posts in 09 February 2026

Pre-Show Cause Notice Intimation under GST: Form GST DRC-01A

February 9, 2026 2289 Views 0 comment Print

Form GST DRC-01A is intended to inform the taxpayer about the proposed demand and to provide an opportunity either to discharge the liability voluntarily or to submit an explanation before formal adjudication proceedings are initiated. It is a facilitative provision designed to promote voluntary compliance and reduce avoidable litigation.

Section 148 Cannot Bypass Section 153C Search Assessment Framework: SC

February 9, 2026 978 Views 0 comment Print

The Supreme Court confirmed that reassessment powers under Section 148 cannot be used to bypass the statutory scheme for search cases. The decision clarifies the distinct operating fields of Sections 153C and 148.

Section 153C Prevails Over Section 148 in Third-Party Search Cases: Rajasthan HC

February 9, 2026 2835 Views 0 comment Print

The Court held that reassessment based solely on material seized in a third-party search must proceed under Section 153C, not Section 148. Notices issued under the general reassessment provision were set aside.

SC Upholds Right to Switch Income Tax Exemption Regime for Statutory Bodies

February 9, 2026 246 Views 0 comment Print

The Supreme Court refused to interfere with the High Court’s direction to process Section 10(46) applications. The ruling affirms that existing approval under Section 10(23C) is not an absolute bar.

Telangana HC Allows Statutory Authorities to Switch One Income Tax Exemption for Another

February 9, 2026 180 Views 0 comment Print

The High Court held that statutory bodies can surrender approval under one exemption provision and seek notification under another. Authorities were directed to process applications under Section 10(46).

Gujarat HC Ordered Reward Claim Reconsideration Due to Absence of Final Committee Decision

February 9, 2026 165 Views 0 comment Print

The High Court held that failure to pass a reasoned final order on an informant’s reward violates the 2007 Guidelines and directed the competent committee to reconsider the claim after hearing the informant.

Legal Heir Can’t Raise New Defence Not Taken by Deceased Borrower DRAT Kolkata

February 9, 2026 171 Views 0 comment Print

The appellate tribunal held that a legal representative cannot raise objections not taken by the deceased defendant. The order striking off the defence was upheld.

ITAT Mumbai Set Aside Addition Due to Non-Adjudication of Grounds by CIT(A)

February 9, 2026 219 Views 0 comment Print

The Tribunal restored the matter after finding that the appellate authority failed to decide the assessees grounds on merits. The case was remanded for fresh adjudication with directions to consider all documents.

Delhi HC Refuses Interference With Circular Assigning Proper Officer Powers Under GST Law

February 9, 2026 174 Views 0 comment Print

The Delhi High Court refused to quash the CBIC circular assigning “proper officer” functions, holding that it was issued with due authority and carries a presumption of validity.

Simultaneous Excise Appeal & Rectification Not Permissible, SC Stays High Court Order

February 9, 2026 162 Views 0 comment Print

The Supreme Court stayed a High Court ruling that barred parallel appeal and rectification proceedings under excise law. The case highlights limits on pursuing multiple remedies at the same time.

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