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Archive: 12 February 2026

Posts in 12 February 2026

Can a Payment Aggregator Be Made Liable for Merchant’s GST Fraud for Not Verifying GST Status?

February 12, 2026 510 Views 0 comment Print

The article explains why GST liability cannot be shifted to payment aggregators unless expressly provided by law. Courts have held that intermediaries are not liable without proof of statutory obligation or intent.

Property Deal Mismatch? How Section 50C and 56(2)(x) Can Create Phantom Income

February 12, 2026 1623 Views 0 comment Print

The article explains how violating the twin conditions under Section 50C(2) can block valuation relief and trigger taxation on higher stamp duty value. It highlights judicial rulings making DVO reference mandatory if conditions are satisfied.

Residential Status and Taxability Under Indian Income Tax Law

February 12, 2026 879 Views 0 comment Print

This article explains how residential status governs whether global income or only Indian income is taxable. It clarifies the classification rules for individuals and companies under Indian tax law.

SC Urges High Courts to Mandate Disclosure of Prior Criminal Cases in Bail Pleas

February 12, 2026 312 Views 0 comment Print

The Supreme Court recommended that all High Courts incorporate rules requiring accused persons to disclose involvement in previous criminal cases in bail applications. The Court also expunged adverse remarks made against a Judicial Officer, holding them uncalled for.

GST Rule 89(5) Amendment Held Retrospective, AP HC Set Aside Refund Rejection

February 12, 2026 1017 Views 0 comment Print

The High Court ruled that the amended refund formula under Rule 89(5) is clarificatory and applies retrospectively. Earlier rejection and appellate orders were quashed and the matter remanded for fresh consideration.

ITAT Deletes Addition as Booked Flats Without Enforceable Agreements Cannot Trigger PCM Revenue

February 12, 2026 279 Views 0 comment Print

The Tribunal held that mere booking of flats and receipt of token advances do not justify revenue recognition under the Percentage Completion Method without legally enforceable agreements.

Bombay HC Condones 11-Day Delay in Filing Form 10-IC Due to Genuine Hardship

February 12, 2026 405 Views 0 comment Print

The Court held that Section 119(2)(b) empowers condonation to avoid genuine hardship and rejected a hyper-technical denial of tax benefit. Delay in filing Form 10-IC was condoned and Section 115BAA benefit restored.

Section 263 Revision Quashed as Safe Harbour Rule of 10% Held Retrospective: ITAT Raipur

February 12, 2026 354 Views 0 comment Print

ITAT held that the 10% tolerance band under property valuation provisions applies retrospectively. The PCIT’s revision was set aside as it amounted to a change of opinion.

Telangana HC Dismisses Writ as Section 139(8A) Bars Updated Return During Pending Assessment

February 12, 2026 258 Views 0 comment Print

The Court ruled that an assessee cannot invoke Section 139(8A) after initiation of assessment proceedings under Section 143(2). It affirmed the disallowance of deductions and held that appeal is the proper remedy.

DRAT Allows Appeal for Failure to Consider Non-Service of SARFAESI Notice

February 12, 2026 417 Views 1 comment Print

DRAT Allahabad set aside the DRT order for not examining the borrower’s plea of non-service of Section 13 notice. The case was remanded for fresh adjudication after proper hearing.

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