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Archive: 14 May 2026

Posts in 14 May 2026

Transfer of Going Concern Not Taxable Under GST: Andhra Pradesh HC

May 14, 2026 447 Views 0 comment Print

The article explains how the Andhra Pradesh High Court ruled that transfer of an entire business undertaking as a going concern does not constitute ordinary taxable supply under Section 7 of the CGST Act.

Section 12AB & Section 115TD: How Inadvertent Non-Compliance Converts Exemption into Tax Liability

May 14, 2026 675 Views 0 comment Print

The article explains how procedural lapses in trust registration renewal can activate Section 115TD and impose heavy tax on accreted income. Even inadvertent non-compliance may create severe financial consequences.

Interplay of Section 45(5A) (JDAs) with RERA & Capital Gains Timing Issues

May 14, 2026 888 Views 0 comment Print

The article explains how Section 45(5A) shifted the capital gains trigger for landowners from JDA execution to issuance of the completion certificate. It also examines the impact of RERA-regulated project timelines.

Virtual Digital Assets (VDAs) Taxation: Decoding Compliance Maze

May 14, 2026 585 Views 0 comment Print

The article explains the taxation framework for cryptocurrencies, NFTs, and other VDAs under Sections 115BBH and 194S. It highlights the harsh restrictions on deductions and loss set-off.

“Your ITC Is Blocked.” A Four-Word Shock That Landed Before Allahabad HC

May 14, 2026 483 Views 0 comment Print

The Allahabad High Court held that ITC cannot be blocked merely on suspicion or another officer’s recommendation under Rule 86A. The ruling stresses independent application of mind and proper reasoning before freezing GST credit.

Karnataka HC Allows Single GST SCN for Multiple Financial Years

May 14, 2026 561 Views 0 comment Print

The Karnataka High Court ruled that consolidated show cause notices under Sections 73 and 74 can cover multiple financial years. However, limitation for each financial year must still be examined separately.

ITC Cannot Be Denied Automatically for Supplier Default: Gujarat HC

May 14, 2026 1089 Views 0 comment Print

 The Gujarat High Court held that supplier tax payment remains mandatory for ITC claims under Section 16(2)(c). However, ITC cannot be denied automatically if the purchaser acted genuinely and without knowledge of tax evasion.

GST Department Audit-Issues in Real Estate Sector

May 14, 2026 11979 Views 1 comment Print

The article explains why GST on sale of developed plots may not be sustainable under Schedule III of the GST law. It also discusses departmental audit objections and judicial support favoring non-taxability of developed land transactions.

GSTAT Constitutes Benches and Categorises GST Appeals

May 14, 2026 1467 Views 0 comment Print

The GST Appellate Tribunal issued a detailed order constituting benches across India and classifying GST disputes into three categories. The order aims to streamline hearing allocation, bench functioning, and appeal management under the GST regime.

GSTAT Extends Relaxed Appeal Filing Norms Till 31st December 2026

May 14, 2026 7998 Views 0 comment Print

The Principal Bench of GSTAT instructed scrutiny officers not to raise defects where appellants upload required soft copy documents with appeal filings. The order seeks to simplify and streamline the appeal filing process on the GSTAT Portal.

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