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Archive: February, 2026

Posts in February, 2026

Unsecured Loan Addition u/s 68 Deleted – Filatex Group Loans Held Genuine

February 14, 2026 300 Views 0 comment Print

ITAT Delhi upheld deletion of ₹60 lakh addition after finding that the assessee furnished confirmations, audited financials, bank statements, and Section 133(6) replies. In absence of direct evidence linking loans to accommodation entries, the addition under Section 68 was held unsustainable.

TDS Applicable on Annual Lease Rent to Development Authority: Delhi HC

February 14, 2026 585 Views 0 comment Print

The Court reaffirmed that lease rent paid for use of land qualifies as “rent” under Section 194I. Revenue’s appeals were dismissed in light of binding precedent.

Additions u/s 69C & 68 Deleted – Clerical Error in Form 3CD; Ex-Parte Order Set Aside: ITAT Chennai

February 14, 2026 255 Views 0 comment Print

The AO added expenditure based solely on a mistaken audit report entry. The ITAT deleted the addition after confirming from the concerned party that no transaction occurred.

Section 122 CGST: Proper Officer, Jurisdiction & Validity of Proceedings

February 14, 2026 1443 Views 0 comment Print

The analysis highlights that Section 122 of the CGST Act lacked designated “proper officers” until Circular 254/11/2025-GST. Proceedings initiated before this assignment may be void for want of jurisdiction.

IFSCA Approves Draft Pension Fund Regulations 2026 for IFSC

February 14, 2026 273 Views 0 comment Print

IFSCA has approved a new pension fund framework allowing voluntary retirement schemes in IFSC. The draft regulations aim to create a secure, transparent, and globally competitive retirement savings ecosystem.

Depreciation on Slump-Sale Goodwill Allowed – Goodwill held as Bundle of Commercial Rights; FA 2021 Amendment not Applicable to AY 2018-19

February 14, 2026 324 Views 0 comment Print

ITAT held that goodwill arising from acquisition of a business as a going concern represents a bundle of commercial and business rights. Following Supreme Court precedent, depreciation under Section 32 was allowed for AY 2018–19.

IFSCA GIC Regulations 2025: Key FAQs on Registration, Models & Compliance

February 14, 2026 591 Views 0 comment Print

The Authority clarifies application process, operating models, service limits, and compliance obligations under the new GIC Regulations. The 2025 framework replaces the earlier 2020 regime.

Developer Following Project Completion Method – Addition of Full Flat Sale Value Deleted; Income Taxable on Possession, not Registration

February 14, 2026 195 Views 0 comment Print

The ITAT held that for a builder following the project completion method, income arises on handing over possession and not merely on registration of sale agreement. The addition of entire sale consideration under Section 2(47) was ruled unsustainable.

Anti-Profiteering Complaint Dismissed After Re-Investigation Shows No ITC Gain

February 14, 2026 354 Views 0 comment Print

Pursuant to High Court observations and fresh investigation, GSTAT held that the developer did not gain additional ITC benefit warranting price reduction.

GSTAT Remands Case as Section 74 Not Sustainable Due to Absence of Fraud

February 14, 2026 11418 Views 0 comment Print

GSTAT held that proceedings under Section 74 could not be sustained in absence of fraud or suppression and remanded the matter for fresh determination under Section 73 by the Proper Officer.

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