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Archive: February, 2026

Posts in February, 2026

Carry Forward Loss Cannot Be Denied After Treating Return as Valid: ITAT Delhi

February 14, 2026 1038 Views 0 comment Print

The Tribunal held that once the return is accepted as valid under Section 139(1), denial of carry forward loss on belated filing grounds is contradictory and unsustainable.

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

February 14, 2026 357 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 795 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 552 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 771 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 396 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 732 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 3420 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 492 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 1701 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.

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