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Archive: February, 2026

Posts in February, 2026

Annual Software License Expenses Held Revenue in Nature – No Enduring Benefit: ITAT Mumbai

February 14, 2026 216 Views 0 comment Print

Tribunal held that recurring software expenses such as licence renewals and database support fees are revenue in nature since no capital asset or ownership right was created. Deduction under Section 37(1) was allowed and Revenue’s appeal was dismissed.

Reassessment Quashed – Wrong Sanction u/s 151 After 3 Years: ITAT Mumbai

February 14, 2026 612 Views 0 comment Print

ITAT held that approval by the Principal Commissioner was invalid where more than three years had elapsed from the assessment year. Since Section 151(ii) required sanction from PCCIT/CCIT, the reassessment was declared void.

Flat Purchase Addition Deleted – Creditor Loan Proved; Wife’s Contribution Not Taxable: ITAT Mumbai

February 14, 2026 462 Views 0 comment Print

ITAT held that once identity, genuineness and creditworthiness of the loan creditor were established, addition under Section 69 was unsustainable. The creditors disclosure before the Settlement Commission supported the assessee’s claim.

CENVAT Credit on construction of building allowed as used in provision of Renting of Immovable Property

February 14, 2026 546 Views 0 comment Print

CESTAT Chandigarh held that CENVAT Credit in respect of input / input services used for construction of building which itself is to be used in the provision of output service of Renting of Immovable Property is admissible. Accordingly, order is set aside and appeal is allowed.

Bending and Bundling services cannot be claimed under Clearing & Forwarding Services: Calcutta HC

February 14, 2026 327 Views 0 comment Print

Calcutta High Court held that Bending and Bundling services cannot be claimed under the heading Clearing and Forwarding Services. Accordingly, demand of service tax under tax bracket of Clearing and Forwarding services to that extent quashed.

Reassessment Quashed – Escaped Income Below ₹50 Lakh; Wrong Sanction Authority: ITAT Mumbai

February 14, 2026 501 Views 0 comment Print

ITAT held that under the amended law, reopening after three years is barred where alleged escaped income is under ₹50 lakh. The notice issued under Section 148 was declared invalid and reassessment proceedings were quashed.

GST leviable on affiliation fees collected by University from colleges: Madras HC

February 14, 2026 2727 Views 0 comment Print

Madras High Court held that affiliation fee collected by the Universities does not fall within exemption hence such fees collected by the University from the Colleges as affiliation fees is amenable for levy of GST.

Disallowance u/s. 14A limited to extent of investment which yielded exempt income

February 14, 2026 399 Views 0 comment Print

ITAT Chennai held that disallowance in terms of section 14A of the Income Tax Act read with rule 8D restricted to the extent of investment which yielded exempt income. Accordingly, disallowance restricted and appeal partly allowed.

LUT Delay Is Curable, Refund Denial Is Not: Karnataka HC

February 14, 2026 996 Views 0 comment Print

The High Court ruled that refund of unutilised ITC on exports cannot be rejected solely due to late LUT submission. Substantive zero-rating benefits prevail over procedural lapses.

Section 69 Addition on Alleged Cash in Property Deal Deleted – Third-Party Evidence Without Cross-Examination Insufficient

February 14, 2026 801 Views 0 comment Print

ITAT held that Excel sheets recovered from a third party cannot justify addition without direct evidence linking the assessee. In absence of corroboration and cross-examination, the cash investment addition was deleted.

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