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Archive: 27 February 2026

Posts in 27 February 2026

Architectural Consultancy Exempt Because It Qualifies as Pure Service to Municipality

February 27, 2026 327 Views 0 comment Print

The Authority held that consultancy services for a fire station and parking project were pure services provided to a local authority. Since they relate to municipal functions under Article 243W, the supply was declared GST-exempt.

No ITC Pass-Through Required as Project Commenced Entirely Post-GST: GSTAT

February 27, 2026 267 Views 0 comment Print

The GST Appellate Tribunal held that Section 171 does not apply where the housing project began and was executed fully after GST implementation. It accepted the DGAPs finding of no profiteering and closed proceedings.

Anti-Profiteering Proceedings Closed Because Full ITC Benefit Passed to Buyers: GSTAT

February 27, 2026 225 Views 0 comment Print

The Tribunal accepted the DGAP report after verifying that the developer passed on ITC benefits exceeding the computed liability. With the balance amount paid, no further action was required under Section 171 of the CGST Act.

GST Section 129 Proceedings Quashed Due to Delayed Portal Upload and No Personal Hearing

February 27, 2026 804 Views 0 comment Print

The Gujarat High Court set aside detention proceedings after finding unexplained delay in uploading FORM GST MOV-09 and denial of personal hearing. The ruling emphasizes strict compliance with Section 129(3) timelines and Rule 142(5).

GST on Online Gaming and Casinos in India: Legal and Taxation Perspective

February 27, 2026 645 Views 0 comment Print

The 2023 amendment mandates 28% GST on the entire face value of online gaming bets and casino deposits. This removed earlier ambiguity over taxing platform fees versus total wagers.

MVAT Refund Cannot Be Adjusted Against Future Period Dues Settled Under Amnesty: Bombay HC

February 27, 2026 258 Views 0 comment Print

The Court held that once arrears for later years were settled under the Settlement Act, no outstanding demand survived. Adjusting earlier refunds against settled dues was declared illegal and without authority of law.

Navigating GST Rule 86B: The 1% Cash Rule

February 27, 2026 1296 Views 0 comment Print

Businesses with monthly taxable turnover above Rs.50 lakh must pay at least 1% of GST liability in cash. The rule limits 100% ITC utilisation to prevent fraud and ensure genuine economic activity.

Major GST Win: Clinical Trial Services for Foreign Clients Are Exports & Tax Free Retrospectively

February 27, 2026 444 Views 0 comment Print

The High Court held that pharma R&D and clinical trial services provided to overseas clients qualify as export under the IGST Act. As the place of supply is the recipient’s location abroad, such services are not liable to GST.

POSH: ₹50,000 Fine if Employer Failed to Display Internal Committee Details

February 27, 2026 888 Views 0 comment Print

Courts have held that merely forming an Internal Committee is not enough under Section 19(b) of the POSH Act. Employers must display IC details and penal consequences at a conspicuous place, failing which fines up to ₹50,000 and stricter penalties may follow.

Institutional Bias vs. Legal Compliance: Lifespan of POSH Internal Committee

February 27, 2026 438 Views 0 comment Print

Section 4(3) caps Internal Committee membership at three years per nomination. Failure to reconstitute properly can invalidate inquiries.

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