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Archive: February, 2026

Posts in February, 2026

Arrest Illegal if Written Grounds Not Supplied Before Remand: Supreme Court

February 23, 2026 1023 Views 0 comment Print

The Supreme Court held that grounds of arrest must be furnished in writing and at least two hours before remand, failing which the arrest and custody become illegal.

No Separate GST Registration required if No Fixed Establishment Exists: AAR Rajasthan

February 23, 2026 867 Views 0 comment Print

The Authority held that a works contractor registered in Uttar Pradesh is not required to obtain separate GST registration in Rajasthan for a turnkey substation project. As no fixed establishment existed in Rajasthan, the location of supplier remained Uttar Pradesh.

Taxation of Social Media & Influencer Income under GST

February 23, 2026 4482 Views 3 comments Print

Explains how influencer earnings from collaborations, barter transactions, affiliate marketing, and digital courses are taxed under GST at 18%. Highlights registration thresholds and compliance requirements for creators.

Conversion of Section 8 Company Limited by Shares into Company Limited by Guarantee

February 23, 2026 2427 Views 0 comment Print

Explains when a Section 8 company can convert from limited by shares to limited by guarantee through ROC and when NCLT approval under Section 66 becomes mandatory due to share capital reduction.

GST Exemption Allowed on Examination Services as Educational Board Treated as Institution

February 23, 2026 1044 Views 0 comment Print

The AAR held that services like printing, result processing, and online form filling for examinations are exempt under Notification 12/2017, after the Supreme Court clarified that even service recipients can seek advance rulings.

GST on Paper Bags at 18% Since Not Covered Under 5% Entry for Biodegradable Bags

February 23, 2026 1581 Views 0 comment Print

The Authority held that ordinary paper bags under Heading 4819 do not qualify for the 5% rate meant for Paper Sacks/Bags and bio-degradable bags. As the products were not shown to be biodegradable, GST at 18% under Entry 185 was upheld.

Draft Income Tax Rule 26 – Cases Where Payments Exceeding ₹10,000 Per Day May Be Made Otherwise Than by Specified Banking or Electronic Modes Under Rule 48

February 23, 2026 876 Views 0 comment Print

Rule 26 clarifies when payments exceeding ₹10,000 in cash will not face disallowance under sections 36(4) and 36(5). It outlines specific institutional, agricultural, employee, and banking-related exemptions.

Compostability Certification Not Enough; 5% GST Applies Only If Bags Are Biodegradable: Rajasthan AAR

February 23, 2026 1650 Views 0 comment Print

The Authority held plastic compostable bags classifiable under HSN 3923 29 90, and clarified that 5% GST under Notification 9/2025 applies only if goods are genuinely biodegradable.

GST Advance Ruling Rejected as Search & Seizure Issues Fall Outside Section 97 Scope

February 23, 2026 369 Views 0 comment Print

The Authority held that questions relating to GST search, seizure, confiscation, and penalties are not covered under Section 97(2) of the CGST Act. As such matters fall outside advance ruling jurisdiction, the application was rejected.

GST AAR Declines Application Since Matter Already Decided by Adjudicating Authority

February 23, 2026 420 Views 0 comment Print

In re Bhagvan Tirthani (GST AAR Rajasthan) The Rajasthan Authority for Advance Ruling considered an application filed by an unregistered applicant seeking rulings under Section 97(2)(e) and (f) of the CGST/RGST Act, 2017 regarding tax liability and requirement of registration . The applicant submitted that his turnover was below the GST registration threshold and alleged […]

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