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Archive: February, 2026

Posts in February, 2026

Section 263 Revision Quashed as Safe Harbour Rule of 10% Held Retrospective: ITAT Raipur

February 12, 2026 360 Views 0 comment Print

ITAT held that the 10% tolerance band under property valuation provisions applies retrospectively. The PCIT’s revision was set aside as it amounted to a change of opinion.

Telangana HC Dismisses Writ as Section 139(8A) Bars Updated Return During Pending Assessment

February 12, 2026 264 Views 0 comment Print

The Court ruled that an assessee cannot invoke Section 139(8A) after initiation of assessment proceedings under Section 143(2). It affirmed the disallowance of deductions and held that appeal is the proper remedy.

DRAT Allows Appeal for Failure to Consider Non-Service of SARFAESI Notice

February 12, 2026 417 Views 1 comment Print

DRAT Allahabad set aside the DRT order for not examining the borrower’s plea of non-service of Section 13 notice. The case was remanded for fresh adjudication after proper hearing.

DRAT Kolkata Dismisses Appeal as No Illegality in Conditional Deposit Order

February 12, 2026 165 Views 0 comment Print

The Appellate Tribunal upheld the DRT’s direction to deposit Rs. 20 lakhs, finding no infirmity in the interim order. The appeal was dismissed at the admission stage.

SAFEMA Remands Benami Case for Fresh Probe; ₹1 Crore Attachment Upheld, Prosecution Deferred

February 12, 2026 1476 Views 0 comment Print

The Tribunal sustained attachment of Rs. 1 crore under the Benami law but remanded the case for further investigation, citing insufficient proof to prosecute.

Rajasthan HC Orders Release of Perishable Goods on Security in Section 130 GST Case

February 11, 2026 771 Views 0 comment Print

The Rajasthan High Court directed release of confiscated arecanuts upon furnishing security equal to the invoice value, holding that merits of the Section 130 demand must be examined separately within three months.

Preloaded Software to Be Added to Hardware Value, CESTAT Upholds Valuation but Sets Aside Penalty

February 11, 2026 375 Views 0 comment Print

The Tribunal held that preloaded software formed part of imported hardware and must be included in assessable value. However, extended limitation and penalties were quashed due to absence of suppression.

Madras HC Sets Aside GST Order Passed Under Omitted Section 74; Treats It as SCN

February 11, 2026 1506 Views 0 comment Print

The Court held that assessment for FY 2024–25 cannot be passed under Section 74 after its omission by amendment. The order was quashed and directed to be treated as a show cause notice.

SC Dismisses SLP as Reassessment Lacked Approval from Correct Specified Authority

February 11, 2026 1080 Views 0 comment Print

The Supreme Court upheld the High Court’s ruling that reassessment beyond three years requires sanction under Section 151(ii). Notices issued with approval from the wrong authority were invalid.

Reassessment Invalid as Approval Taken from Wrong Authority Beyond Three-Year Limit: Delhi HC

February 11, 2026 597 Views 0 comment Print

The Delhi High Court held that reassessment beyond three years requires approval under Section 151(ii). Notices issued with approval from the wrong authority were set aside.

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