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Archive: 17 February 2026

Posts in 17 February 2026

Vivad Se Vishwas Benefit Cannot Be Denied When Penalty Appeal Is Pending: Bombay HC

February 17, 2026 183 Views 0 comment Print

The Bombay High Court held that a pending penalty appeal qualifies as a “dispute” under the Vivad Se Vishwas Scheme. Rejection solely for absence of assessment appeal was set aside

Provision Based on Actual Bills Cannot Be Disallowed Without Verification: ITAT Mumbai

February 17, 2026 93 Views 0 comment Print

The Tribunal held that disallowance based solely on tax audit reporting required factual verification. The issue was remanded for examining whether the power liability provision was wrongly treated as contingent.

Customs Broker Not Liable for Exporter’s Non-Existence When IEC & GSTIN Are Genuine CESTAT Delhi

February 17, 2026 264 Views 0 comment Print

The Tribunal held that mere non-participation in inquiry and reliance on government-issued IEC and GSTIN cannot establish breach of CBLR obligations. Licence revocation and penalty were quashed for lack of evidence.

₹6 crore Section 68 Addition Deleted as Lenders Confirm Loans in Remand Proceedings

February 17, 2026 114 Views 0 comment Print

ITAT Mumbai upheld deletion of ₹6 crore addition after lenders responded to notices under Section 133(6) and confirmed transactions. Verified evidence and absence of deficiencies proved loan genuineness.

ITAT Mumbai Deletes LTCG Addition as No Evidence Linked Assessee to Penny Stock Rigging

February 17, 2026 591 Views 0 comment Print

The Tribunal held that long-term capital gains could not be treated as bogus where documentary evidence supported the transactions and no material connected the assessee to price manipulation. The Revenue’s appeal was dismissed.

ITAT Chandigarh Quashes Sec 143(3) in Search Case; AO Must Act Under Sec 148; Revenue Appeal Dismissed

February 17, 2026 105 Views 0 comment Print

The case involved additions for alleged suppressed sales and purchases based on seized digital material. The Tribunal ruled that once search material exists, the AO must invoke Section 148 with proper approval, making the 143(3) assessment legally unsustainable.

ITAT Raipur Deletes Sec 69A Addition; Joint A/c Cash Not Taxable in Wife’s Hands if Husband Owns It

February 17, 2026 198 Views 0 comment Print

The ITAT deleted addition under Section 69A where cash deposits were made in a joint account. Since the husband owned the deposits and was not cross-examined, taxing the wife was held unjustified.

ROC Gwalior Imposes ₹2.25 Lakh Penalty for Incomplete Board’s Report

February 17, 2026 60 Views 0 comment Print

Failure to disclose director changes, related party loans, and website details in the Board’s Report attracted penalties. Reduced fines were applied under small company provisions.

Depreciation allowable on difference between slump sale consideration and value of tangible assets

February 17, 2026 66 Views 0 comment Print

ITAT Mumbai held that balancing figure between the slump sale consideration and the value of identifiable tangible assets represents goodwill or commercial rights in the nature of an intangible asset, and depreciation thereon is allowable under section 32(1)(ii) of the Income Tax Act.

Small Company Penalised for Errors in reporting authorised share capital in AOC-4

February 17, 2026 1302 Views 0 comment Print

The ROC imposed penalty for incorrect authorised share capital and omission of transaction details in financial filings. Reduced penalties were applied under Section 446B as the entity qualified as a Small Company.

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