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Archive: February, 2026

Posts in February, 2026

Section 29A Mandate Can Be Extended Even After Award – Late Award Is Unenforceable, Not Void

February 6, 2026 516 Views 0 comment Print

Supreme Court held Section 29A time can be extended even after a delayed arbitral award; late award is unenforceable, not void, and mandate extension remains permissible.

No TDS on Overseas Commission; Section 40(a)(i) Disallowance Deleted, Revenue Appeal Dismissed

February 6, 2026 681 Views 0 comment Print

The case examined whether commission paid to overseas agents attracts TDS and disallowance. The Tribunal held that services rendered abroad are not chargeable to tax in India, nullifying Section 40(a)(i).

Union Budget 2026: A Chartered Accountant’s Perspective

February 6, 2026 1533 Views 0 comment Print

The budget focuses on fiscal discipline, predictable taxation, and long-term growth rather than headline tax cuts. It signals a shift toward structural maturity and economic resilience.

Article 227 Cannot Be Used to Strike Off Plaint When CPC Remedy Exists – SC Restores Suit

February 6, 2026 696 Views 0 comment Print

Supreme Court held High Courts cannot use Article 227 to strike off a plaint when CPC remedies exist; suit restored and defendants directed to pursue Order VII Rule 11 CPC.

Borrowed Satisfaction from Insight Portal Invalid; Re-opening Section 68 Addition Quashed

February 6, 2026 732 Views 0 comment Print

The issue was whether reopening based only on portal information is valid. The Tribunal held that absence of independent inquiry and tangible material vitiates reassessment and nullifies the addition.

SEBI Proposes Easier Rules for REITs and InvITs to Cut Compliance Friction

February 6, 2026 951 Views 0 comment Print

The consultation outlines reforms to ease operational constraints for REITs and InvITs, including SPV continuity and borrowing flexibility. The key takeaway is a more practical regulatory framework without diluting safeguards.

Section 148 Notice Served on 01-04-2021 Invalid; Re-opening Quashed for Non-Compliance with 148A

February 6, 2026 813 Views 0 comment Print

ITAT Surat held reassessment invalid where notice u/s 148, though dated 31-03-2021, was issued on 01-04-2021 without following s.148A procedure; entire reassessment quashed.

Crypto Loan Interest = Cost of Acquisition; Deduction Allowed Despite Section 115BBH

February 6, 2026 915 Views 0 comment Print

The dispute examined whether loan interest used to buy virtual digital assets could be deducted. The ruling held that such interest forms part of cost of acquisition and is allowable despite Section 115BBH restrictions.

143(1) Adjustment Without Prior Intimation Invalid; CPC Action Quashed

February 6, 2026 957 Views 0 comment Print

The tribunal held that any adjustment while processing a return under Section 143(1) requires prior intimation to the assessee. Disallowance made without issuing such notice is invalid in law.

Golden Harvest Scheme Discount ≠ Interest; No TDS U/s 194A, 201 Default Quashed

February 6, 2026 477 Views 0 comment Print

ITAT Lucknow ruled that Golden Harvest Scheme benefit is a sales discount, not interest u/s 2(28A); hence no TDS u/s 194A applies and 201(1)/(1A) demand was quashed.

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