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Archive: 19 February 2026

Posts in 19 February 2026

Unsigned Sale Agreement & Alleged On-Money Addition quashed for Assessment Barred by Limitation

February 19, 2026 573 Views 0 comment Print

The Tribunal held that exclusion of time for transfer of seized material applies only within the running limitation period. As the assessment was passed beyond the recalculated deadline, it was quashed as barred by limitation.

ITC on Works Contract Services – Allowed or Disallowed?

February 19, 2026 1344 Views 0 comment Print

ITC under Section 17(5)(c) is restricted only when repair or renovation expenses are capitalised. Revenue expenses remain eligible, making accounting treatment crucial.

Rule 86A Blocking of ITC: Legal Limits, Misuse & Protection Strategies for Genuine Taxpayers

February 19, 2026 1179 Views 0 comment Print

Courts clarify that ITC can be blocked only on recorded “reasons to believe” supported by concrete evidence. Mere suspicion or supplier default is insufficient to invoke Rule 86A.

Demand of service tax under RCM merely based on balance sheet figures cannot be sustained

February 19, 2026 741 Views 0 comment Print

CESTAT Kolkata held that demand of service tax under Reverse Charge Mechanism [RCM] raised merely on the basis of figures appearing in Balance Sheet without classifying the category of service is not sustainable.

Faceless Assessment under Income Tax: Transparency, or Administrative Challenge?

February 19, 2026 525 Views 0 comment Print

Examines whether Section 144B’s faceless assessment system enhances transparency or creates challenges relating to natural justice and digital compliance.

Refund rejection not sustained as service amounts to intermediary not proved by department

February 19, 2026 336 Views 0 comment Print

Telangana High Court held that rejection of refund application by refund sanctioning authority not sustained since authorities failed to demonstrate that services rendered by petitioner tantamount to intermediary services. Accordingly, writ petition is allowed.

Cash Deposits Cannot Be Treated as Unexplained Under Presumptive Tax Scheme: ITAT Kolkata

February 19, 2026 8136 Views 0 comment Print

The Tribunal held that once income is declared under the presumptive taxation scheme of Section 44AD, individual cash deposits cannot be separately added. The sustained addition was set aside and deleted.

जीएसटी ट्रिब्यूनल के पोर्टल पर उत्पन्न समस्याओं के संबंध में

February 19, 2026 570 Views 0 comment Print

सेमिनार में अधिवक्ताओं ने अपील फाइलिंग, फीस त्रुटि और क्षेत्राधिकार संबंधी समस्याओं को उठाते हुए पोर्टल सुधार और समय विस्तार की मांग की।

GST Arrest Set Aside as Written Grounds Not Properly Annexed to Arrest Memo: Allahabad HC

February 19, 2026 483 Views 0 comment Print

The Court set aside the remand order after finding legal infirmities in compliance with arrest safeguards under the CGST Act. It held that failure to properly furnish written grounds of arrest rendered the remand unsustainable.

Equity & Certainty in Taxation: Reassessing India’s GST Through Lens of Classical Tax Philosophy

February 19, 2026 411 Views 0 comment Print

The GST framework is analysed in light of Adam Smith’s canons of Equity and Certainty. The system enhances uniformity but continues to evolve amid interpretational disputes and compliance changes.

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