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Archive: 05 February 2026

Posts in 05 February 2026

Bombay HC Quashed Section 148 Reassessment Notice for Approval by Wrong Authority

February 5, 2026 579 Views 0 comment Print

The issue was whether reassessment proceedings could continue when sanction was granted by an incorrect authority. The Court ruled that lack of approval from the designated authority vitiated the entire reassessment.

Estimated Commission Addition Cannot Trigger Concealment Penalty: ITAT Mumbai

February 5, 2026 252 Views 0 comment Print

Relying on jurisdictional High Court precedent, the Tribunal ruled that penalty is unsustainable when additions are based on estimation. The decision reinforces limits on penalty in such cases.

SEBI Withdrawn Calendar Spread Margin for Single Stocks on Expiry Day

February 5, 2026 321 Views 0 comment Print

The regulator has standardized margin treatment by denying expiry-day calendar spread benefits for single stocks. This provides time for clients to arrange margins or close positions.

Retracted Third-Party Statement Alone Insufficient for Section 68 Addition: ITAT Mumbai

February 5, 2026 1392 Views 0 comment Print

The ruling addressed conflicts between documentary proof of loans and third-party allegations of accommodation entries. The Tribunal held that unsupported allegations cannot override evidence establishing genuine loan transactions.

SEBI Mandates Notice Before Sale of Pledged Securities

February 5, 2026 420 Views 0 comment Print

SEBI has mandated additional safeguards in the depository pledge framework. The new rules ensure reasonable notice to pledgers and greater transparency during pledge invocation.

Madras HC Sets Aside Time-Bar Rejection of GST Appeal Filed Under Court Liberty; Orders Bank Account De-freezing

February 5, 2026 264 Views 0 comment Print

The High Court held that an appeal filed pursuant to its earlier order could not be dismissed on limitation. The rejection was set aside and the matter was remanded for fresh consideration.

J&K&L HC Sets Aside GST Orders by Consent, Grants Fresh Hearing on 10% Deposit

February 5, 2026 207 Views 0 comment Print

The High Courtquashed a best judgment assessment and related appellate order after finding consensus on denial of hearing. The matter was remanded for fresh adjudication with a speaking order, subject to a 10% pre-deposit.

Calcutta HC Quashes GST Order for Ignoring GSTR-3B & GSTR-9 Data on ITC Reversal

February 5, 2026 435 Views 0 comment Print

The High Court quashed both adjudication and appellate orders after finding that GST return data was not examined. The matter was remanded for fresh decision with opportunity of hearing.

GST Assessment Writ Dismissed for Delay; Portal Service Held Valid Despite Registration Cancellation: AP HC

February 5, 2026 2745 Views 0 comment Print

The High Court refused to entertain a writ petition filed long after the assessment order. Delay could not be justified on the plea of inability to access the GST portal.

Rajasthan HC Dismisses Writ in ₹5.45 Cr GST Demand Case Over Alternate Remedy

February 5, 2026 2481 Views 0 comment Print

The High Court declined to entertain writ petitions challenging an ex parte GST order, holding that an effective statutory appeal was available. The ruling reinforces that writ jurisdiction should not be invoked when alternative remedies exist.

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