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Archive: February, 2026

Posts in February, 2026

No Disallowance u/s 14A Without Exempt Income – ₹43.23 Cr Addition Deleted: ITAT Mumbai

February 14, 2026 222 Views 0 comment Print

The Tribunal held that Section 14A cannot be invoked when no exempt income is earned during the year. It deleted both the additional disallowance and the assessee’s own mistaken disallowance.

Exemption u/s 11 Allowed – Lease to Group Concern not hit by s.13(3); Notional Rent & Denial of Exemption Unsustainable

February 14, 2026 213 Views 0 comment Print

The ITAT held that leasing hospital property to a group company did not violate Section 13 since trustees’ shareholding was below statutory limits. Denial of exemption under Section 11 and substitution of notional rent were ruled unsustainable.

Three-Month Gap Between GST SCN and Order Mandatory: Bombay HC

February 14, 2026 813 Views 0 comment Print

The Court held that Section 73 requires a minimum three-month gap between show cause notice and final order. Orders passed within a shorter period were quashed as violative of natural justice.

Karnataka HC Set Aside ITC Reversal for Not Following Circular 183 on GSTR-3B vs 2A Mismatch

February 14, 2026 1044 Views 0 comment Print

The High Court ruled that GST authorities must mandatorily apply Circular No. 183/15/2022-GST before disallowing ITC due to return mismatches. Mechanical reversal based solely on discrepancy was held unsustainable.

Summary DRC-01 and DRC-07 Without Reasons Invalid Under Section 75(6) Calcutta HC

February 14, 2026 1110 Views 1 comment Print

The High Court ruled that GST adjudication orders must contain detailed facts and reasons. Summary notices and orders lacking particulars were set aside as legally unsustainable.

No ITC Reversal Required on Post-Sale Discounts if GST Paid via Debit Note: Gujarat HC

February 14, 2026 2076 Views 0 comment Print

The High Court ruled that buyers are not legally required to reverse ITC merely due to seller-issued discount credit notes. Rectification of GST returns was allowed where tax paid exceeded proposed reversal and no revenue loss occurred.

Finance Bill 2026 Clarifies Who Can Issue Reassessment Notices Under Section 148

February 14, 2026 1824 Views 0 comment Print

The proposed Section 147A retrospectively defines the “Assessing Officer” for Sections 148 and 148A, aiming to resolve High Court conflicts over faceless vs jurisdictional authority.

Assessment Quashed – Order by Non-Jurisdictional AO Void ab Initio: ITAT Chennai

February 14, 2026 336 Views 0 comment Print

The Tribunal held that statutory jurisdiction must be strictly followed in income-tax proceedings. In absence of proof of transfer to the assessing ward, the assessment was declared invalid and set aside.

Foreign HSBC Account Addition Deleted – BUP ID & Base Note Insufficient: ITAT Mumbai

February 14, 2026 525 Views 0 comment Print

The Tribunal held that failure to provide opportunity to cross-examine foreign information sources amounted to violation of natural justice. Additions based on unverified documents were therefore invalid.

SC Issues Guidelines for Mandatory Disclosure of Criminal Antecedents in Bail Applications

February 14, 2026 738 Views 0 comment Print

The Court set aside bail after finding concealment of criminal history and ignored evidence of forged qualifications. It laid down a recommendatory framework mandating full disclosure in bail applications.

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