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Archive: 14 February 2026

Posts in 14 February 2026

Section 122 CGST: Proper Officer, Jurisdiction & Validity of Proceedings

February 14, 2026 1428 Views 0 comment Print

The analysis highlights that Section 122 of the CGST Act lacked designated “proper officers” until Circular 254/11/2025-GST. Proceedings initiated before this assignment may be void for want of jurisdiction.

IFSCA Approves Draft Pension Fund Regulations 2026 for IFSC

February 14, 2026 273 Views 0 comment Print

IFSCA has approved a new pension fund framework allowing voluntary retirement schemes in IFSC. The draft regulations aim to create a secure, transparent, and globally competitive retirement savings ecosystem.

Depreciation on Slump-Sale Goodwill Allowed – Goodwill held as Bundle of Commercial Rights; FA 2021 Amendment not Applicable to AY 2018-19

February 14, 2026 324 Views 0 comment Print

ITAT held that goodwill arising from acquisition of a business as a going concern represents a bundle of commercial and business rights. Following Supreme Court precedent, depreciation under Section 32 was allowed for AY 2018–19.

IFSCA GIC Regulations 2025: Key FAQs on Registration, Models & Compliance

February 14, 2026 591 Views 0 comment Print

The Authority clarifies application process, operating models, service limits, and compliance obligations under the new GIC Regulations. The 2025 framework replaces the earlier 2020 regime.

Developer Following Project Completion Method – Addition of Full Flat Sale Value Deleted; Income Taxable on Possession, not Registration

February 14, 2026 195 Views 0 comment Print

The ITAT held that for a builder following the project completion method, income arises on handing over possession and not merely on registration of sale agreement. The addition of entire sale consideration under Section 2(47) was ruled unsustainable.

Anti-Profiteering Complaint Dismissed After Re-Investigation Shows No ITC Gain

February 14, 2026 348 Views 0 comment Print

Pursuant to High Court observations and fresh investigation, GSTAT held that the developer did not gain additional ITC benefit warranting price reduction.

GSTAT Remands Case as Section 74 Not Sustainable Due to Absence of Fraud

February 14, 2026 11406 Views 0 comment Print

GSTAT held that proceedings under Section 74 could not be sustained in absence of fraud or suppression and remanded the matter for fresh determination under Section 73 by the Proper Officer.

No Disallowance u/s 14A Without Exempt Income – ₹43.23 Cr Addition Deleted: ITAT Mumbai

February 14, 2026 219 Views 0 comment Print

The Tribunal held that Section 14A cannot be invoked when no exempt income is earned during the year. It deleted both the additional disallowance and the assessee’s own mistaken disallowance.

Exemption u/s 11 Allowed – Lease to Group Concern not hit by s.13(3); Notional Rent & Denial of Exemption Unsustainable

February 14, 2026 210 Views 0 comment Print

The ITAT held that leasing hospital property to a group company did not violate Section 13 since trustees’ shareholding was below statutory limits. Denial of exemption under Section 11 and substitution of notional rent were ruled unsustainable.

Three-Month Gap Between GST SCN and Order Mandatory: Bombay HC

February 14, 2026 786 Views 0 comment Print

The Court held that Section 73 requires a minimum three-month gap between show cause notice and final order. Orders passed within a shorter period were quashed as violative of natural justice.

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