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Archive: February, 2026

Posts in February, 2026

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

February 24, 2026 1065 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 1179 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 345 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 603 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 489 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 1422 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 2550 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 1050 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 […]

Companies Act 2013: Complete Guide to Public Offer, Prospectus & Allotment Rules

February 24, 2026 738 Views 0 comment Print

Explains statutory framework governing public offers, private placements, prospectus disclosures, allotment procedures, and investor protection safeguards.

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