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Archive: 21 February 2026

Posts in 21 February 2026

Reopening Invalid: Sec 148 Notice Before Sec 151 Approval Communication – Jurisdictional Defect Fatal – ITAT Kolkata

February 21, 2026 360 Views 0 comment Print

The Tribunal ruled that reopening of assessment is void where the notice under Section 148 was issued prior to communication of sanction under Section 151. Such procedural lapse renders the entire reassessment null and void.

Borrowed Satisfaction and Mechanical U/s 151 Approval Invalidate 147 Reopening – ITAT Kolkata

February 21, 2026 378 Views 0 comment Print

TAT Kolkata ruled that reopening based on unverified foreign information amounted to borrowed satisfaction. Since the sanctioning authority granted approval mechanically, the reassessment was declared void.

Addition U/s 69 for Alleged On-Money Deleted – Third-Party Statements & Pen-Drive Data Without Cross-Examination Held Invalid – ITAT Mumbai

February 21, 2026 837 Views 0 comment Print

ITAT Mumbai deleted Sec 69 addition for alleged on-money, holding third-party statements and pen-drive data without cross-examination or corroboration are invalid evidence.

Defective U/s 271(1)(c) Notice Makes Penalty Void; No Merger on SLP Dismissal – ITAT Chennai

February 21, 2026 300 Views 0 comment Print

The Tribunal clarified that dismissal of an SLP does not amount to declaration of law under Article 141. It distinguished prior rulings and held that defective penalty notices invalidate the levy.

Allotment Date Stamp Value Applies u/s 56(2)(x), Not Registration Value Where Prior Cheque Payment Made – ITAT Mumbai

February 21, 2026 417 Views 0 comment Print

ITAT Mumbai held stamp duty value on allotment date applies u/s 56(2)(x) where full payment was made by cheque before agreement, not registration date value; matter remanded for verification.

GSTN Enables Withdrawal from Rule 14A via Form GST REG-32 with Aadhaar Authentication

February 21, 2026 14157 Views 1 comment Print

GSTN has launched an online facility allowing eligible taxpayers to opt out of Rule 14A registration. Filing of pending returns and Aadhaar authentication are mandatory pre-conditions.

Integrated Cooling System Module Held Distinct Product; 80-IC Deduction Allowed – ITAT Chennai

February 21, 2026 246 Views 0 comment Print

The Tribunal emphasized 33%–40% value addition at the UTK unit and scientific assembly processes to conclude that real manufacturing took place. It directed deletion of disallowances made across five assessment years.

UAE Free Zones in Tax Planning for Digital and Consulting Businesses

February 21, 2026 1134 Views 0 comment Print

Expert analysis of UAE Free Zone tax planning for digital and consulting businesses. Corporate tax rules, QFZP eligibility, substance requirements, PE risks and transfer pricing compliance under Federal Decree-Law No. 47 of 2022.

Composite Merger Scheme: A Comprehensive Legal & Structural Analysis

February 21, 2026 1008 Views 0 comment Print

Under the Companies Act, 2013 | Sections 230–232 | NCLT Jurisdiction ABSTRACT  This article examines the concept, legal framework, and practical mechanics of a Composite Merger Scheme under Indian corporate law — an advanced restructuring mechanism that allows a merger and a demerger to be executed simultaneously within a single NCLT proceeding. Using the illustrative […]

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