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Archive: February, 2026

Posts in February, 2026

ITAT Mumbai Deleted Section 69A Addition as Based Solely on Third-Party Statement

February 12, 2026 1182 Views 0 comment Print

The Tribunal ruled that the Assessing Officer must prove actual possession of unexplained money with cogent evidence. Mere suspicion or reliance on third-party search statements is insufficient to justify addition under Section 115BBE.

Kerala HC Upheld GST Portal Upload of Assessment Order as Statutorily Permissible

February 12, 2026 504 Views 0 comment Print

The High Court held that orders can be served through the notified GST common portal under Section 169. The challenge to portal-based communication was rejected.

ITC Can Be Blocked Even if No Balance Exists on Date of Order: Allahabad HC

February 12, 2026 432 Views 0 comment Print

The High Court held that Rule 86A merely creates a lien to secure revenue interests and does not amount to recovery of tax. Blocking of ITC was upheld where authorities recorded reasons to believe fraudulent or ineligible availment.

Roaming Services Qualify as Export for GST if Recipient Is Foreign Operator, Not Subscriber: Bombay HC

February 12, 2026 390 Views 0 comment Print

The High Court held that international roaming services are supplied to foreign telecom operators who pay consideration, not to individual subscribers. Since the recipient is located outside India, the services qualify as export, making the refund admissible.

Summary in GST DRC-01 cannot substitute Section 73(1) SCN requirement: Guwahati HC

February 12, 2026 489 Views 0 comment Print

Guwahati High Court held that the Summary of the Show Cause Notice in GST DRC-01 is not a substitute to the Show Cause Notice to be issued in terms with Section 73 (1) of the CGST/SGST. Accordingly, order based on issuance of summary of the show cause notice is liable to be quashed and set aside.

No Anti-Profiteering Violation Where Post-GST ITC Ratio Lower Than Pre-GST: GSTAT

February 12, 2026 300 Views 0 comment Print

DG Anti Profiteering Vs Mantri Castles Private Limited (GSTAT) The proceedings arose from a reference received from the Standing Committee on 30.05.2022 to investigate an application alleging profiteering in respect of construction services supplied for the project “Mantri Serenity” at Bangalore. The allegation concerned non-passing of benefit under Section 171 of the CGST Act. The […]

Direct Tax Collections for F.Y. 2025-26 (as on 10.02.2026)

February 12, 2026 969 Views 0 comment Print

Net direct tax collections grew 9.40% as of 10 February 2026 compared to last year. Lower refunds and steady corporate and non-corporate tax inflows supported the rise.

RBI Clarifies Downstream Investment Rules for FOCCs Under FEMA

February 12, 2026 2580 Views 0 comment Print

The updated Master Direction aligns downstream investments with direct FDI norms. Share swaps, deferred consideration, and rights issues now have clearer regulatory guidance.

ITAT Bangalore Quashed Reassessment for Sanction by wrong authority After 3-Year Limit

February 12, 2026 585 Views 0 comment Print

The Tribunal held that reassessment initiated after three years required approval from the higher authority specified under the amended section 151. Since sanction was obtained from an incorrect authority, the entire proceeding was invalidated.

Reassessment Quashed as Section 148 Notice Issued After Six-Year Limitation

February 12, 2026 1308 Views 0 comment Print

Applying Supreme Court precedent, the Tribunal held that no notice could be issued once the six-year period under the old regime had expired. The reassessment order was therefore annulled.

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