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Archive: February, 2026

Posts in February, 2026

Builder Liable for ₹98.72 Lakh Profiteering Because GST ITC Benefit Not Passed to Buyers

February 25, 2026 306 Views 0 comment Print

The Tribunal held that additional ITC benefits under GST were not passed on to homebuyers across three projects. The builder must refund ₹98.72 lakh with interest under Section 171 of the CGST Act.

GSTAT Orders Recalculation of Profiteering for Excluding Goods Component from ₹89 Crore Pre-GST Value

February 25, 2026 213 Views 0 comment Print

GSTAT directed the DGAP to recompute the profiteered amount after noting that only the services component of the ₹89 crore pre-GST value was considered. A revised report under Rule 133(2A) must be filed within one month.

Draft Income Tax Rule 38 – Conditions for Notification of Agricultural Extension Projects under section 47(1)(a) of the Act

February 25, 2026 237 Views 0 comment Print

Rule 38 of the Draft Income-tax Rules, 2026 prescribes mandatory audit, separate books of account, capped beneficiary receipts, and strict reporting conditions for Agricultural Extension Projects claiming deduction under section 47(1)(a).

Draft Income Tax Rule 37 – Guidelines for approval of Agricultural Extension Project under section 47(1)(a) of the Act

February 25, 2026 165 Views 0 comment Print

Rule 37 of the Draft Income-tax Rules, 2026 lays down mandatory conditions, prior Ministry approval, minimum ₹25 lakh expenditure, and CBDT notification procedures for agricultural extension projects under section 47(1)(a).

Reinvestigation Directed Since Actual Service ITC of ₹5.22 Crore Allegedly Ignored

February 25, 2026 240 Views 0 comment Print

The Tribunal directed DGAP to re-examine calculation issues after the Respondent challenged the method of computing profiteering. Questions on service ITC deduction and price comparison require fresh scrutiny.

CS December 2025 Answer Books Available Online Without RTI – 45-Day Access Window Announced

February 25, 2026 1821 Views 0 comment Print

Students can access evaluated CS December 2025 answer books through the official portal without filing RTI. Copies are available free for 45 days from result declaration.

Draft Income Tax Rule 36 – Guidelines for Notification of Affordable Housing Projects under Section 46(11)(d)(vii) and Semiconductor Wafer Fabrication Units under Section 46(11)(d)(xiii)

February 25, 2026 228 Views 0 comment Print

Rule 36 of the Draft Income-tax Rules, 2026 lays down detailed application procedures and eligibility conditions for affordable housing projects and semiconductor wafer fabrication units to be notified as specified businesses under section 46.

Is GST Section 75(12) a Tool for Arbitrary Recovery? Legal Analysis & Court Verdicts

February 25, 2026 1200 Views 0 comment Print

High Courts have ruled that recovery under Section 75(12) is limited to unpaid self-assessed tax, especially GSTR-1 and GSTR-3B mismatches. Where tax is already declared in GSTR-3B, authorities must follow adjudication under Sections 73 or 74.

Restaurant Services through E-Commerce under GST: Are Composition Dealers Allowed?

February 25, 2026 1146 Views 0 comment Print

Since restaurant services are notified under Section 9(5), GST is paid by the e-commerce operator and not the supplier. Therefore, composition dealers are not restricted from supplying through such platforms.

Draft Income Tax Rule 35 – Prescribed Authority, Procedure & Conditions for Approval under Section 45(3)(b)

February 25, 2026 207 Views 0 comment Print

Rule 35 prescribes the authority, procedure, timelines, and compliance conditions for company approval under Section 45(3)(b). It mandates strict audit, reporting, and research-use requirements to prevent misuse of tax benefits.

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