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Archive: 02 February 2026

Posts in 02 February 2026

CIT(A) Remand Power Upheld Under New Section 251 Provision

February 2, 2026 354 Views 0 comment Print

The Tribunal held that remanding an assessment under the amended section 251(1)(a) is legally valid. The key takeaway is that appellate remand powers now have clear statutory backing.

General Power of Attorney cannot be treated as JDA for taxing capital gains

February 2, 2026 417 Views 0 comment Print

The case examined whether a General Power of Attorney could be treated as a Joint Development Agreement for taxing capital gains. The Tribunal held that a GPA does not amount to a transfer, leading to deletion of the addition.

NPS Grievances from POPs to Be Registered in CRA CGMS Portals: PFRDA

February 2, 2026 300 Views 0 comment Print

The regulator has mandated POPs to upload all offline subscriber grievances into CRA CGMS portals. This ensures that every complaint is centrally tracked, monitored, and analysed for effective regulatory supervision.

Section 263 Cannot Be Invoked Where AO’s View on deduction Is Plausible: ITAT Pune

February 2, 2026 1056 Views 0 comment Print

The issue was whether revision under section 263 could be invoked when the Assessing Officer had accepted a legally possible view. The Tribunal held that where two views exist and the AO adopts one, the order is neither erroneous nor prejudicial.

Customs Provisional Release Order Partly Modified for Disproportionate Security

February 2, 2026 426 Views 0 comment Print

The tribunal held that a bank guarantee equal to a large portion of goods value was excessive and reduced it to 30% of the duty amount, while sustaining the bond for full value.

Penalty Imposed for Delayed Filing of Financial Statements Under Section 137

February 2, 2026 564 Views 0 comment Print

The adjudicating authority held that filing AOC-4 after prolonged delay attracts penalty despite eventual compliance. Rectification beyond statutory timelines does not grant immunity.

ITAT Chandigarh Accepted Presumptive Income Despite Demonetization Cash Deposits

February 2, 2026 339 Views 0 comment Print

The Tribunal held that cash deposits could not be fully treated as undisclosed when income was declared under section 44AD. The key takeaway is acceptance of presumptive business income.

GST Registration Appeal Restored Despite Delay Due to Unexamined Merits

February 2, 2026 282 Views 0 comment Print

The issue arose where cancellation relied on grounds not stated in the show cause notice. The court ordered merits adjudication after restoring the appeal with costs.

No Addition for Demonetisation Cash Deposits Supported by Agricultural Income: ITAT Surat

February 2, 2026 438 Views 0 comment Print

The Tribunal held that demonetization-period cash deposits were supported by agricultural income evidence. The section 68 addition was deleted after accepting bills, vouchers, and landholding details.

Odisha Entry Tax Dispute Cannot Be Reopened Through New Petition: SC

February 2, 2026 249 Views 0 comment Print

The petitioner sought to invalidate the entry tax law again on constitutional grounds. The ruling clarifies that final judgments bar subsequent identical challenges.

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