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Archive: 21 February 2026

Posts in 21 February 2026

Section 54 Exemption Allowed – Possession Date of Under-Construction Flat Relevant, Not Agreement Date – ITAT Mumbai

February 21, 2026 903 Views 0 comment Print

The Tribunal held that the relevant date for Section 54 is possession of the new residential house, not the agreement date. Since possession was taken within two years of sale, exemption was allowed.

Taxation of Traders in India: Structural Framework, Judicial Interpretation & Compliance Realities

February 21, 2026 405 Views 0 comment Print

Traders are governed by both Income-tax and GST laws, creating layered compliance obligations. This article explains computation rules, judicial tests, and reporting requirements affecting trading businesses.

Concept of Income under the Income Tax Act 1961

February 21, 2026 864 Views 0 comment Print

This article explains how Section 2(24) adopts an inclusive definition of income, covering monetary, non-monetary, and even illegal gains. It highlights key judicial doctrines that determine taxability.

Sec 68 Addition Deleted – Third-Party Statement on Alleged Entry Provider Insufficient Without Independent Evidence – ITAT Mumbai

February 21, 2026 393 Views 0 comment Print

ITAT deleted ₹60 lakh addition as the Revenue relied solely on a third-party confession without independent verification. Documentary evidence such as confirmations, ITRs and bank statements discharged the assessee’s onus.

Reopening Invalid – No Addition on Recorded Reasons; MAT U/s 115JB Quashed per Jet Airways – ITAT Mumbai

February 21, 2026 297 Views 0 comment Print

ITAT ruled that once the Assessing Officer makes no addition on the issue forming the basis of reopening, other additions cannot survive. MAT demand under Section 115JB was therefore struck down as unlawful.

How to Incorporate a Private Limited Company in India

February 21, 2026 882 Views 0 comment Print

A step-by-step guide explaining name reservation, SPICe+ filing, required documents, and MCA approvals. The article also covers mandatory post-incorporation compliances and FEMA requirements.

No Order, No Appeal? Legal Consequences of Time-Bar Rejections Through Form GST APL-02

February 21, 2026 813 Views 0 comment Print

Appeals dismissed as time-barred through FORM GST APL-02, without a reasoned order under Section 107, may deny taxpayers access to GSTAT. The key issue is whether an acknowledgment can substitute a statutory appellate order.

Referral Fee Reimbursement Not FTS – Following Earlier Years Orders, Additions Deleted – Revenue Appeal Dismissed – ITAT Mumbai

February 21, 2026 258 Views 0 comment Print

Emphasizing judicial consistency, the Tribunal dismissed the Revenues appeal on referral fees and reimbursements. Identical issues decided in earlier years were followed, leading to deletion of all additions.

Penalty U/s 271(1)(c) Deleted – MAT Liability U/s 115JB Higher Than Normal Tax – No Tax Sought to be Evaded – ITAT Mumbai

February 21, 2026 294 Views 0 comment Print

ITAT held that penalty under Section 271(1)(c) cannot survive where tax is ultimately levied under Section 115JB. Additions under normal provisions did not result in tax evasion.

Sec 153C Cash Addition Deleted – Pen Drive & Third-Party Statements Without Cross-Examination Insufficient – ITAT Mumbai

February 21, 2026 387 Views 0 comment Print

The Tribunal deleted ₹2 lakh cash addition as no incriminating material directly linked the assessee to alleged on-money. Reliance solely on pen drive data and third-party statements without cross-examination was held insufficient.

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