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Archive: 26 February 2026

Posts in 26 February 2026

No Vested Right to Promotion After Cadre Abolition, SC Sets Aside HC Direction

February 26, 2026 321 Views 0 comment Print

The Court held that mere recommendation for promotion does not create an accrued right when no D.P.C. or select list was prepared. Since the cadre was abolished before completion of the process, appointments under repealed rules were impermissible.

GST Show Cause Notice Cannot Cover Multiple Financial Years: Madras HC

February 26, 2026 744 Views 0 comment Print

The Court quashed a composite assessment order, holding that Sections 73 and 74 require separate show cause notices for each financial year due to distinct limitation periods.

LTCG Addition Deleted as AO Failed to Prove Share Transactions Bogus Under Section 68

February 26, 2026 390 Views 0 comment Print

ITAT Mumbai deleted the Section 68 addition on LTCG from listed shares, holding that documentary evidence, STT payment, and banking trail were not disproved by the Revenue.

SEBI Overhauls Mutual Fund Categorization to Curb Portfolio Overlap

February 26, 2026 714 Views 0 comment Print

SEBI has superseded Clause 2.6 of the Master Circular, introducing revised scheme categories, overlap limits, and standardized naming norms. Mutual funds must realign portfolios and disclose category-wise overlaps monthly to enhance transparency.

Retrospective Amendments under Budget 2026 – Rectification, Revision, Reassessment Options before Tax Authorities

February 26, 2026 5796 Views 1 comment Print

Budget 2026 introduces sweeping retrospective amendments affecting limitation, reassessment jurisdiction, DIN validity, and TPO timelines. The changes directly impact ongoing appeals, rectification, revision, and reassessment proceedings, altering litigation strategy for taxpayers and authorities alike.

ITC Cannot Be Denied for Supplier’s GST Default Without Fraud Finding: Tripura HC

February 26, 2026 1530 Views 0 comment Print

Tripura HC held ITC cannot be denied under Section 16(2)(c) if buyer is bona fide and no fraud is alleged under Section 73 proceedings. Court ruled GST ITC cannot be denied to genuine purchasers merely due to supplier’s tax default absent fraud or collusion.

Bail Granted in GST Case Due to Prolonged Custody, Completed Investigation & No Antecedents

February 26, 2026 375 Views 0 comment Print

Observing that the charge-sheet had been filed and the maximum punishment under Section 132 was five years, the Court granted bail. It relied on Supreme Court precedent emphasizing that prolonged incarceration and documentary evidence weigh in favour of release.

Shadow Taxation Through Compliance Costs: Invisible Burden on Small Taxpayers

February 26, 2026 396 Views 0 comment Print

The article explains how high compliance expenses function as an indirect tax on small taxpayers. It highlights that uniform procedural requirements create regressive effects despite progressive statutory tax rates.

Place of Supply under GST: Core Mechanism of Destination-Based Taxation

February 26, 2026 846 Views 0 comment Print

Explains how Place of Supply rules decide whether CGST/SGST or IGST applies and which State receives revenue. Highlights its central role in destination-based taxation.

GST Appeal Dismissal Set Aside as Unadjusted Tax Deposit Directed to Be Treated as Mandatory Pre-Deposit

February 26, 2026 717 Views 0 comment Print

The Calcutta High Court held that amounts already deposited with CGST authorities, not linked to any outstanding liability, must be treated as compliance with statutory pre-deposit. The appellate dismissal for non-compliance was set aside and the matter remitted for decision on merits.

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