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Archive: February, 2026

Posts in February, 2026

Validity of Circular No. 3/3/2017 Dated 05.07.2017 issued by Board & not Commissioner

February 14, 2026 585 Views 0 comment Print

The Delhi High Court ruled that Circular No. 3/3/2017 is legally valid, holding that the Board acted within its statutory powers under the CGST Act. The Court emphasized the presumption of validity and rejected the claim that only the Commissioner could assign functions.

Double Taxation Avoided – Reversal of Provision Not Taxable Again: ITAT Mumbai

February 14, 2026 369 Views 0 comment Print

The Tribunal held that once provisions were disallowed and taxed in an earlier year, their subsequent reversal cannot be taxed again. It directed withdrawal of income offered to prevent double taxation.

Section 74A CGST: Proper Officer & Jurisdiction Validity

February 14, 2026 825 Views 0 comment Print

The new framework mandates that proceedings under Section 74A must be initiated by officers formally designated through Circular 254/11/2025-GST. Notices issued without valid jurisdiction are void ab initio.

Penalty u/s 270A on PF/ESI Disallowance Deleted – Mere Disallowance Not Misreporting: ITAT Chennai

February 14, 2026 681 Views 0 comment Print

Penalty was imposed alleging misreporting due to belated PF/ESI remittance. The Tribunal ruled that a disclosed claim later disallowed does not fall under any clause of Section 270A(9), and deleted the penalty.

ITC Reversal Set Aside as Revenue Failed to Prove Collusion or Fake Invoices: Calcutta HC

February 14, 2026 3645 Views 1 comment Print

The High Court quashed recovery proceedings for ITC reversal, holding that mere non-deposit of tax by the supplier is insufficient without proof of collusion, fake invoices, or lack of bona fides.

Appointment of Statutory Auditors under the Companies Act, 2013

February 14, 2026 2145 Views 0 comment Print

The Companies Act prescribes detailed procedures for appointing first and subsequent auditors, including tenure limits and mandatory rotation. This guide explains eligibility, appointment timelines, and compliance requirements.

Rights Issue: A Guide for Companies and Investors

February 14, 2026 708 Views 0 comment Print

A rights issue allows companies to raise capital by offering discounted shares to existing shareholders. This guide explains the step-by-step process, regulatory filings, and key investor considerations.

Aircraft Parts Classified Under CTH 88073000 as Not Parts of General Use: CAAR Mumbai

February 14, 2026 405 Views 0 comment Print

CAAR Mumbai ruled that 176 customized aircraft components are classifiable under CTH 88073000 as Other parts of aeroplanes. The Authority held that the goods are exclusively designed for aircraft use and are not parts of general use under Section XVII Notes.

CAAR Declined Advance Ruling as Roasted Areca Nut Classification Already Settled by HC

February 14, 2026 1017 Views 0 comment Print

CAAR Mumbai refused to issue a fresh ruling on roasted areca nut classification, holding that the issue was already decided by the Madras High Court. The statutory bar under Section 28-I(2) of the Customs Act was applied.

80P(2)(a)(i) Deduction on Bank Interest Upheld – Totgars Distinguished: ITAT Chennai

February 14, 2026 315 Views 0 comment Print

The Revenue denied deduction by treating bank interest as Income from Other Sources. The ITAT dismissed the appeal, holding that the interest income forms part of business profits eligible for Section 80P.

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