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Archive: 24 February 2026

Posts in 24 February 2026

Section 234E Demand Set Aside as Section 200A Intimation Exceeded Jurisdiction pre-01.06.2015

February 24, 2026 369 Views 0 comment Print

The ITAT Raipur held that prior to 1 June 2015, there was no enabling provision under Section 200A to levy late filing fees under Section 234E while processing TDS returns. The Tribunal ruled the demand for A.Y. 2013-14 unsustainable and deleted the levy.

India–France DTAA Amended to Grant Source Country Taxing Rights on Share Capital Gains

February 24, 2026 1062 Views 0 comment Print

India and France have signed a protocol granting full taxing rights on capital gains from share sales to the country of company residence. The amendment removes the MFN clause and strengthens tax certainty under updated international standards.

Input Tax Credit: Backbone of GST or the Biggest Litigation Generator?

February 24, 2026 1173 Views 0 comment Print

Input Tax Credit, intended as GST’s backbone, has become a major litigation driver due to strict conditions like supplier tax payment requirements and procedural mismatches. Courts continue to grapple with whether bona fide purchasers should suffer for supplier non-compliance.

Criminal Liability Cannot Arise from Strained Relations or Suspicion on Deceased’s Character: Uttarakhand HC

February 24, 2026 276 Views 0 comment Print

The Uttarakhand High Court held that mere suspicion about a spouse’s character and strained marital relations do not amount to abetment of suicide under Section 306 IPC. In the absence of instigation, mens rea, and proximate conduct, conviction cannot be sustained beyond reasonable doubt.

ElectroInk Bundle is Mixed Supply Due to Absence of Principal Supply: AAR Maharashtra

February 24, 2026 336 Views 0 comment Print

Maharashtra AAR held that ElectroInk supplied with consumables under the Click Model is a mixed supply as no principal supply exists, attracting the highest applicable GST rate.

Education Consultancy to Foreign Universities Held Export as Not Intermediary Service

February 24, 2026 585 Views 0 comment Print

GST AAR Maharashtra ruled that commission received from foreign universities qualifies as export of services since the applicant is not an intermediary. Place of supply was held outside India, making the transaction zero-rated and eligible for ITC refund.

ITC Denied on Breakwater Construction as It Is a Civil Structure, Not Plant and Machinery

February 24, 2026 483 Views 0 comment Print

The Authority ruled that ITC on works contract services used to construct a breakwater is blocked since it results in an immovable property. The structure does not qualify under the plant and machinery exception.

Share Capital & Share Issuance Framework in a Private Company

February 24, 2026 1413 Views 2 comments Print

A comprehensive guide to authorised, issued, subscribed, and paid-up capital and regulatory compliance under the Companies Act, 2013.

CSR Under Companies Act 2013: Complete Legal Framework Explained

February 24, 2026 2508 Views 0 comment Print

A comprehensive guide to applicability, 2% spending rule, governance structure, compliance requirements, and penalties under Section 135.

Section 68 CGST: E-Way Bill Lapses, Roadside Detention & Judicial Pushback

February 24, 2026 1047 Views 0 comment Print

Section 68 CGST – From E‑Way Bill Compliance to Road‑Side Detention: Law, Practice and Judicial Pushback Section 68 of the CGST Act forms the statutory bridge between movement of goods, e-way bill compliance, and detention proceedings under Sections 129 and 130. It mandates that the person in charge of a conveyance carry prescribed documents such […]

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