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Archive: February, 2026

Posts in February, 2026

Commission Agent Theory Accepted; Entire Bank Credits Not Taxable U/s 68

February 6, 2026 753 Views 0 comment Print

The tribunal held that large cash deposits in bank accounts cannot be taxed as unexplained income when the assessee proves he acted only as a commission agent. Only commission income, and not gross deposits, is taxable in such cases.

Repayment of Own Deposit ≠ Deemed Dividend; 2(22)(e) Not Attracted

February 6, 2026 342 Views 0 comment Print

ITAT Ahmedabad held that repayment of a shareholder’s own deposit, even if used for political donation, is not deemed dividend u/s 2(22)(e) as no company funds were advanced.

Capital Account Credit From Partnership Firm Write-Back Not Taxable as Cash Credit: ITAT Mumbai

February 6, 2026 990 Views 0 comment Print

The tribunal held that a partner’s capital account increase arising from a firm’s loan write-back cannot be taxed under Section 68. The key takeaway is that such credits are only accounting consequences, not unexplained income of the partner.

Pledge of Shares for ESOP Funding Can Be Bona Fide During Trading Window Closure: SEBI

February 6, 2026 396 Views 0 comment Print

SEBI held that invocation of pledged shares may be treated similarly to sale transactions since beneficial ownership changes upon invocation. The guidance explains that contra trade restrictions may apply depending on transactions undertaken within the six-month period.

Denial of Input Tax Credit and it’s Legal Controversy

February 6, 2026 1323 Views 0 comment Print

This explains how ITC hinges on invoice matching and supplier tax payment under Section 16. The key takeaway is that credit can be denied even after payment unless statutory conditions are fully met.

जीएसटी अधिनियम की धारा 143 – जॉब वर्क और जॉब वर्क के दौरान उत्पन्न स्क्रैप पर विचार

February 6, 2026 942 Views 0 comment Print

यह लेख जॉब वर्क से जुड़े GST सेक्शन 143 और स्क्रैप पर टैक्स देनदारी को सरल भाषा में समझाता है। मुख्य निष्कर्ष यह है कि स्क्रैप का स्वामित्व प्रिंसिपल का रहता है और कर देनदारी शर्तों पर निर्भर करती है।

ITAT Kolkata Limited Section 14A Disallowance to Investments Yielding Exempt Income

February 6, 2026 348 Views 0 comment Print

The Tribunal held that club expenses of a corporate assessee cannot be disallowed on estimation or presumption. Entire addition was deleted as the expenditure was held to be wholly allowable.

Section 249(4)(b) Dismissal Reversed; One Opportunity to Explain Advance-Tax Liability

February 6, 2026 363 Views 0 comment Print

The issue was dismissal of appeals for non-payment of admitted tax without hearing on merits. The Tribunal restored the appeals, holding that the assessee deserved an opportunity to explain advance tax liability.

Bombay HC Quashed Assessment for Denial of Video Hearing Under Faceless Scheme

February 6, 2026 570 Views 0 comment Print

The High Court set aside the assessment after finding that the order was passed before the scheduled video hearing. The ruling underscores that granting a requested personal hearing under Section 144B is mandatory.

ITAT Indore Allowed Section 80JJAA Deduction Despite Delay in Form 10DA Filing

February 6, 2026 849 Views 0 comment Print

The Tribunal held that late filing of Form 10DA is a procedural lapse and cannot justify denial of deduction when substantive conditions of Section 80JJAA are fulfilled. Deduction was directed to be allowed as the form was filed before return processing.

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