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Archive: 27 February 2026

Posts in 27 February 2026

Service Tax Cannot Be Levied Solely on Form 26AS Data; HC Orders Fresh Adjudication

February 27, 2026 1236 Views 0 comment Print

The High Court held that failure to conduct mandatory pre-show cause consultation rendered the tax proceedings unsustainable, and remanded the matter to CESTAT for fresh decision on merits.

Scrap Business Has No Fixed Pattern; Section 68 Addition Deleted Under 44AD: ITAT Agra

February 27, 2026 678 Views 0 comment Print

ITAT held that scrap trading does not follow a fixed sales pattern and income declared under Section 44AD cannot be rejected on suspicion. Addition under Section 68 was deleted.

Accounting Adjustments Can’t Extend Limitation for ₹1.4 Crore Debt: NCLAT Delhi

February 27, 2026 519 Views 0 comment Print

The Tribunal ruled that invoices from 2016–2017 were barred by limitation and unilateral ledger transfers could not revive the claim under the IBC.

SC Refuses to Halt State Inquiry in Tirpuati Laddu Ghee Adulteration Case

February 27, 2026 564 Views 0 comment Print

The Supreme Court found no overlapping between the criminal investigation and the States administrative probe. The writ petition seeking restraint was dismissed.

Rajasthan High Court Upholds Section 11 Exemption as Activities Held Charitable

February 27, 2026 1494 Views 0 comment Print

The High Court dismissed Revenue appeals after holding that the assessee’s activities were charitable in nature, making it eligible for exemption under Section 11. The ruling followed the Supreme Court’s precedent and settled multiple connected tax issues.

Calcutta HC Entertains GST Writ as No ‘Force Majeure’ Shown for Section 168A Time Extension

February 27, 2026 399 Views 0 comment Print

The High Court entertained a writ challenging Section 168A notifications, holding that absence of force majeure and alleged breach of natural justice raised a strong arguable case. Recovery was stayed.

Computer-Generated Return Rejection Quashed; HC Directs Review of ₹10 Crore Tax Audit Threshold Issue

February 27, 2026 387 Views 0 comment Print

The Karnataka High Court set aside an order invalidating a return for alleged non-compliance with Section 44AB audit requirements and directed a fresh hearing on whether turnover actually exceeded ₹10 crores.

ITAT Order Set Aside for Granting Section 12A Registration Without Evidence of Charitable Activities

February 27, 2026 372 Views 0 comment Print

The High Court held that registration under Section 12A cannot be granted based solely on oral submissions without documentary proof. The matter was remanded for fresh consideration with liberty to produce additional evidence.

Reducing Higher Declared Value to Impose ADD Not Permissible Under Rule 12: CESTAT Mumbai

February 27, 2026 345 Views 0 comment Print

The Tribunal held that Customs cannot reject a higher transaction value to redetermine a lower value for imposing anti-dumping duty. Rule 12 does not authorize downward revision merely to levy ADD.

Balance Sheet Acknowledgment & COVID Limitation Extends Limitation Against Guarantor: NCLAT  

February 27, 2026 252 Views 0 comment Print

NCLAT held that debt acknowledgment in principal borrower’s balance sheet extends limitation against corporate guarantor under Section 18. Dismissal on limitation was set aside.

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