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Archive: 09 February 2026

Posts in 09 February 2026

Section 11 Exemption allowed as Form 10B was available with AO before assessment

February 9, 2026 330 Views 0 comment Print

The High Court held that charitable exemptions cannot be denied merely because Form 10B was filed belatedly when it was available before return processing. The ruling treats delayed filing as a procedural lapse, not a substantive defect.

Transfer of R&D unit as going concern cannot be treated as sale of individual goods under GST

February 9, 2026 426 Views 0 comment Print

Andhra Pradesh High Court held that transfer of entire R&D unit as a going concern, including the assets and liabilities, is sale of business and not sale/supply of individual goods under GST. Accordingly, the writ petition is disposed of.

80JJAA Deduction allowed as Form 10DA Was Available with tax authorities Before CPC Processing

February 9, 2026 408 Views 0 comment Print

The Tribunal held that deduction under Section 80JJAA cannot be denied merely because Form 10DA was accepted late when it was uploaded before the due date and available on record before return processing. The ruling treats delayed acceptance as a procedural lapse, not a substantive default.

Non-renewal of passport to person arrested under GST unlawful as NOC granted by trial court

February 9, 2026 378 Views 0 comment Print

Delhi High Court held that refusal to renew passport by the passport authority to the person arrested under GST law is not justifiable since trial court has already granted No Objection Certificate [NOC] to the applicant on bail. Accordingly, concerned passport authorities are directed to renew the passports in accordance with law.

Karnataka HC Dismissed Revenue Appeal Due to Inapplicability of Section 14A to MAT Book Profits

February 9, 2026 231 Views 0 comment Print

The Court held that Explanation 1(f) to Section 115JB does not expressly permit addition of Section 14A disallowance, leading to dismissal of the Revenue s appeal.

Delhi HC Set Aside GST Order Due to SCN Uploaded Only on Additional Notices Tab

February 9, 2026 288 Views 0 comment Print

The High Court set aside a GST order after finding that the show cause notice was uploaded only under the Additional Notices Tab, denying the assessee a fair opportunity to respond.

Madras HC Condoned 285-Day Delay After GST Notices Served Only Online

February 9, 2026 318 Views 0 comment Print

The High Court condoned a 285-day delay in filing a GST appeal and restored the matter for decision on merits, holding that sufficient cause was shown.

Madras HC Quashed GST Order Due to Ineffective Service of Show Cause Notice

February 9, 2026 1902 Views 0 comment Print

The High Court held that passing an assessment order without granting a personal hearing, despite non-response to portal notices, violates procedural fairness and warrants remand.

Sovereign Gold Bonds After Budget 2026: A Shift in Tax Promise & Investor Sentiment

February 9, 2026 1251 Views 0 comment Print

The Budget restricts capital gains tax exemption on SGBs only to original subscribers. Secondary market buyers now face taxation at redemption, altering investment outcomes.

Compendium on Operation, Procedure and Legal Architecture of GSTAT

February 9, 2026 2058 Views 0 comment Print

The compendium explains the legal structure, jurisdiction, and appeal process of GSTAT as it becomes operational from 2026. It also highlights procedural burdens that may affect effective access to justice.

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