Monthly Archives: February 2026

GST Registration Restored with Installment Facility and Bank Defreezing Subject to Furnishing of Security

By | February 26, 2026

GST Registration Restored with Installment Facility and Bank Defreezing Subject to Furnishing of Security Issue Whether a taxpayer whose registration was cancelled in 2021 for non-filing of returns can be allowed to restore the registration, pay the accumulated liabilities in installments, and have their bank accounts defreezed. Facts The Cancellation: The petitioner’s GST registration was… Read More »

Category: GST

High Court Mandates Immediate Operationalization of GST Appellate Tribunal Following Prolonged Appointment Delays

By | February 26, 2026

High Court Mandates Immediate Operationalization of GST Appellate Tribunal Following Prolonged Appointment Delays Issue Whether the continued non-functionality of the GST Appellate Tribunal (GSTAT) is legally permissible given that the members were appointed as far back as August 2025, and whether the Court should intervene to compel the commencement of adjudicatory functions. Facts The Mandate:… Read More »

Category: GST

An Assessment Order Based on an Ante-Dated Service of Notice and Without a Personal Hearing Is Legally Invalid

By | February 26, 2026

An Assessment Order Based on an Ante-Dated Service of Notice and Without a Personal Hearing Is Legally Invalid Issue Whether an assessment order is sustainable when there is a documented discrepancy in the date of service of the Show Cause Notice (SCN) and where the mandatory requirement of a personal hearing under Section 75(4) was… Read More »

Category: GST

GST Registration Restored After Expiry of Revocation Period Subject to Full Payment of Statutory Dues

By | February 26, 2026

GST Registration Restored After Expiry of Revocation Period Subject to Full Payment of Statutory Dues Issue Whether a GST registration cancelled for non-filing of returns for six months can be restored by the High Court when the statutory time limit for filing a revocation application under Section 30 has already expired. Facts The Default: The… Read More »

Category: GST

A Composite Show Cause Notice Covering Multiple Financial Years Is Legally Invalid as GST Assessment Is Year-Specific

By | February 26, 2026

A Composite Show Cause Notice Covering Multiple Financial Years Is Legally Invalid as GST Assessment Is Year-Specific Issue Whether the GST authorities can issue a single, composite Show Cause Notice (SCN) under Section 74 for multiple financial years (e.g., July 2017 to March 2022) or if each year must be adjudicated through independent notices. Facts… Read More »

Category: GST

IMPORTANT INCOME TAX CASE LAWS 26.02.2026

By | February 26, 2026

IMPORTANT INCOME TAX CASE LAWS 26.02.2026 Relevant Section Case Law Title Core Ruling & Strategic Summary Citation Section 205 ITO v. Gayatri Snehal Rao [Landmark SC] If an employer deducts TDS from salary but fails to deposit it with the Govt, the Revenue cannot raise a direct demand against the employee. Section 205 creates a… Read More »

TNMM is the Most Appropriate Method for Benchmarking Guarantee Fees Where the AE Bears the Primary Risk

By | February 26, 2026

TNMM is the Most Appropriate Method for Benchmarking Guarantee Fees Where the AE Bears the Primary Risk Issue Whether the Transactional Net Margin Method (TNMM) is the most appropriate method (MAM) for benchmarking guarantee fees when the Indian branch merely provides support services and the overseas Associate Enterprise (AE) bears the entire risk of the… Read More »

Failure to Record Satisfaction and Violation of Section 269SS Precludes the Levy of Section 271D Penalties

By | February 26, 2026

Failure to Record Satisfaction and Violation of Section 269SS Precludes the Levy of Section 271D Penalties Issue Whether a penalty under Section 271D can be legally sustained when the Assessing Officer (AO) fails to record a specific finding of a Section 269SS violation or express “satisfaction” regarding penal consequences during the assessment proceedings. Facts The… Read More »

New Office Premises Purchased via Registered Agreements are ‘Acquired’ and Includible in the Block of Assets Regardless of Possession or Use

By | February 26, 2026

New Office Premises Purchased via Registered Agreements are ‘Acquired’ and Includible in the Block of Assets Regardless of Possession or Use Issue Whether newly purchased commercial office premises, acquired via registered agreements within the financial year, can be included in the “block of assets” under Section 50 to offset capital gains, even if the assessee… Read More »

Artificial Creation of Goodwill via Intragroup Merger Is a Colourable Device Ineligible for Depreciation and Buy-back Tax Benefits

By | February 26, 2026

Artificial Creation of Goodwill via Intragroup Merger Is a Colourable Device Ineligible for Depreciation and Buy-back Tax Benefits Issue I: Depreciation on Goodwill Whether depreciation under Section 32 is allowable on “Goodwill” created during the merger of two subsidiaries of the same holding company, where no actual business was added and the transaction involved no… Read More »