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Archive: 07 February 2026

Posts in 07 February 2026

Cryptocurrency Taxation in India: Capital Gains, Business Income or a Special Regime?

February 7, 2026 570 Views 0 comment Print

The issue was how cryptocurrency income is classified for tax purposes. The framework holds that transfers fall under a dedicated VDA regime with a flat rate and strict loss rules.

Cash Deposits Explained by Withdrawals & Opening Balance – Section 69A Addition Quashed

February 7, 2026 201 Views 0 comment Print

The Revenue treated cash deposits as unexplained under Section 69A despite matching withdrawals and opening cash balance. The Tribunal ruled that redeposit of available cash cannot be taxed as unexplained income.

RBI Policy February 2026 – Key Rates and Measures

February 7, 2026 558 Views 0 comment Print

The RBI maintained a pause on interest rates while continuing a neutral stance. The decision signals confidence in low inflation and steady economic growth.

FMV of Shares Must Follow Rule 11UA — Ad-hoc Mark-Up of Assets Not Permissible u/s 56(2)(iia)

February 7, 2026 135 Views 0 comment Print

ITAT rejected the tax authority’s approach of increasing asset values on the assumption of appreciation. Fair market value under Section 56 must be based on book values as mandated by Rule 11UA.

Approved Isn’t Approval – Mechanical Section U/s 151 Kills Reopening at Birth

February 7, 2026 837 Views 0 comment Print

The reassessment was challenged for want of proper approval. The Tribunal ruled that ritualistic sanction under Section 151 defeats jurisdiction and renders the reopening void.

Registration U/s 12AB Cannot Be Denied by Sitting in Judgment Over Financial Prudence — ITAT Delhi Restores U/s 12AB Registration

February 7, 2026 282 Views 0 comment Print

The authority cancelled existing registration without invoking the procedure under Section 12AB(4). The Tribunal ruled that supersession of registration requires proof of specified violations and due process. In its absence, cancellation was illegal.

Deeming fiction of section 50C not extended while working WDV to claim depreciation on block of asset

February 7, 2026 96 Views 0 comment Print

ITAT Mumbai held that deeming fiction of section 50C cannot be extended while working out the written down value [WDV] for the purpose of claiming depreciation on the block of asset. In other words, legal fiction for substantiating the sale consideration by the Stamp Duty Value created under either section 50 or section 43CA cannot be extended to section 32 for claiming depreciation on the block of the asset. Thus, order set aside.

Repeated application u/s. 94 of IBC dismissed as made with intention to defeat recovery proceedings under SARFAESI

February 7, 2026 123 Views 0 comment Print

NCLAT Delhi held that repeated application under section 94 of the Insolvency and Bankruptcy Code for taking refuge of moratorium with malafide intention to defeat recovery proceedings initiated under SARFAESI Act is not justifiable. Accordingly, appeal dismissed.

Property Received Under Family Settlement Not Taxable u/s 56(2) — Gift Deed Only a Formal Consequence

February 7, 2026 357 Views 0 comment Print

ITAT ruled that property transferred under a bona fide family settlement is outside the scope of Section 56(2)(vii). Such arrangements are not treated as taxable gifts even if formalised through a gift deed.

Section 144 Assessment Upheld, Cash Addition Slashed Section 115BBE Disallowed – Partial Relief to Transporter

February 7, 2026 252 Views 0 comment Print

The assessee challenged jurisdiction for lack of notice under Section 143(2). The Tribunal held that once the belated return was invalid, assessment under Section 144 was lawful.

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