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Archive: 02 February 2026

Posts in 02 February 2026

ITAT Chandigarh Quashed Reassessment Due to JAO Issuing Notice Post-Faceless Mandate

February 2, 2026 351 Views 0 comment Print

The issue concerned reassessment initiated through a non-faceless notice despite a binding notification. The ruling confirms that violation of the faceless framework vitiates reassessment proceedings.

Section 148 Notice Issued by Jurisdictional AO was Without Authority: ITAT Chandigarh

February 2, 2026 336 Views 0 comment Print

The Tribunal held that reassessment based on a notice issued by the wrong authority cannot survive in law. The decision highlights strict adherence to procedural requirements under the faceless regime.

ITAT Chandigarh Upholds CIT(A)’s Power to Remand Ex-Parte Assessment

February 2, 2026 186 Views 0 comment Print

The Tribunal upheld the CIT(A)’s power to remand an ex-parte assessment for fresh adjudication. It ruled that such action was within jurisdiction, leading to dismissal of the Revenue’s appeal.

Section 271(1)(c) Penalty Deleted as Underlying Assessment Order Was Set Aside

February 2, 2026 351 Views 0 comment Print

The issue was whether penalty could survive after the assessment order was set aside. The Tribunal held that once the basis of the addition is extinguished, penalty under Section 271(1)(c) cannot be sustained.

Reassessment Upheld as Section 148 Notice Issued Before Company Was Struck Off: ITAT Surat

February 2, 2026 1035 Views 0 comment Print

The Tribunal held that reassessment remains valid when the notice is issued while the company is still on the ROC records. Subsequent striking off does not nullify initiated proceedings.

GST Demand Quashed for Denial of Mandatory Section 75(4) Personal Hearing

February 2, 2026 477 Views 0 comment Print

The High Court set aside a GST demand after finding that no personal hearing was granted under Section 75(4). The ruling reiterates that adverse GST orders cannot be passed without following mandatory hearing requirements.

No Opportunity of Hearing: ITAT Lucknow Remands Section 69A Addition

February 2, 2026 291 Views 0 comment Print

The Tribunal found that reasonable opportunity was not given at assessment or appellate stage. The ₹17.94 lakh addition was remanded for fresh adjudication.

Salary Paid to Transferred Government Staff Allowed as Business Expense

February 2, 2026 234 Views 0 comment Print

The Tribunal dismissed the Revenue’s appeal, noting that transferred employees performed functions entirely for the assessee. Salary expenditure was held to be incurred for business purposes.

Writ Dismissed for Misleading Court on Withdrawal of Prior GST Challenge

February 2, 2026 213 Views 0 comment Print

The Court held that the petitioner suppressed the fact of an earlier withdrawn writ challenging the same order. The petition was dismissed with costs and limited relief granted only for statutory application.

Appeal Dismissed for Repetitive Recovery Applications Instead of Auction Steps

February 2, 2026 231 Views 0 comment Print

The tribunal upheld dismissal of a bank’s appeal, holding that repeated applications were unnecessary when earlier orders already permitted recovery through auction of attached properties.

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