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Archive: 12 February 2026

Posts in 12 February 2026

ITAT Bangalore allows appeal — Delay of 298 days condoned; Gratuity & Commuted Pension held exempt u/s 10(10) & 10(10A); 115BBE & 69A additions deleted

February 12, 2026 54 Views 0 comment Print

The Tribunal condoned a 298-day delay in filing appeal, holding that substantial justice must prevail over technicalities. It deleted additions on exempt gratuity and commuted pension, ruling they cannot be taxed as salary.

Mandatory Three-Month Gap: Bombay HC Quashes GST Order for Procedural Violation

February 12, 2026 171 Views 0 comment Print

The High Court held that the three-month period under Section 73 is mandatory. Orders passed in haste without observing this gap are unsustainable in law.

No Fresh Pre-Deposit Required if Initial Deposit Exceeds 20% of Revised GST Demand: Jharkhand HC

February 12, 2026 123 Views 0 comment Print

The High Court ruled that when the initial pre-deposit exceeds 20% of the revised tax demand, no additional payment can be insisted upon for filing appeal before GSTAT.

Section 292BA (Proposed): Retrospective DIN Cure from 01.10.2019 – Finance Bill 2026 & Litigation Impact

February 12, 2026 132 Views 0 comment Print

The Bill seeks retrospective validation of assessment orders despite DIN-quoting errors. Assessments linked to a lawfully generated DIN may no longer be invalidated on technical grounds.

New Labour Codes 2025: Banking Sector’s Compliance Reckoning for Award Staff & Contract Labour

February 12, 2026 609 Views 0 comment Print

The enforcement of the four Labour Codes reshapes wage structures, union frameworks, and social security obligations for banks. Uneven state implementation increases litigation and reputational exposure.

Section 65 GST Audit: Understanding ‘Commencement’ and 3+6 Month Time Limit

February 12, 2026 192 Views 0 comment Print

Courts have clarified that audit limitation begins when records are made available or audit is instituted, whichever is later. Open-ended audits without valid extension are challengeable.

ITAT Mumbai Deleted Section 69A Addition as Based Solely on Third-Party Statement

February 12, 2026 150 Views 0 comment Print

The Tribunal ruled that the Assessing Officer must prove actual possession of unexplained money with cogent evidence. Mere suspicion or reliance on third-party search statements is insufficient to justify addition under Section 115BBE.

Kerala HC Upheld GST Portal Upload of Assessment Order as Statutorily Permissible

February 12, 2026 165 Views 0 comment Print

The High Court held that orders can be served through the notified GST common portal under Section 169. The challenge to portal-based communication was rejected.

ITC Can Be Blocked Even if No Balance Exists on Date of Order: Allahabad HC

February 12, 2026 117 Views 0 comment Print

The High Court held that Rule 86A merely creates a lien to secure revenue interests and does not amount to recovery of tax. Blocking of ITC was upheld where authorities recorded reasons to believe fraudulent or ineligible availment.

Roaming Services Qualify as Export for GST if Recipient Is Foreign Operator, Not Subscriber: Bombay HC

February 12, 2026 90 Views 0 comment Print

The High Court held that international roaming services are supplied to foreign telecom operators who pay consideration, not to individual subscribers. Since the recipient is located outside India, the services qualify as export, making the refund admissible.

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