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Archive: February, 2026

Posts in February, 2026

Section 54 Exemption Allowed in Full Despite Minor Delay: ITAT Delhi

February 5, 2026 600 Views 0 comment Print

The issue was whether a short delay in registering the new house defeats Section 54 relief. The Tribunal held that substantial compliance within the prescribed period is sufficient and allowed the exemption in full.

Survey Admission Alone Cannot Justify Full Disallowance: ITAT Chennai Restricts Land Development Expense Disallowance to 10%

February 5, 2026 207 Views 0 comment Print

The Tribunal held that additions based solely on a survey statement, without corroborative evidence, are unsustainable. Development expenses were largely allowed, with only a reasonable estimated disallowance retained.

Telescoping of Cash Deposits Allowed Against Cash Advances: ITAT Chennai

February 5, 2026 474 Views 0 comment Print

The issue was whether bank cash deposits could be treated as unexplained despite accepted cash advances. The Tribunal held that telescoping applies, deleting additions to avoid double taxation of the same source.

Understanding the Distinction: Question of Law vs. Substantial Question of Law

February 5, 2026 1023 Views 0 comment Print

This piece explains how appellate laws restrict appeals to substantial questions of law rather than routine legal issues. The key takeaway is that only debatable, significant, or legally unsettled questions can justify High Court interference.

Writ Cannot Extend GST Appeal Limitation Beyond Section 107: Gujarat HC

February 5, 2026 627 Views 0 comment Print

The issue was whether writ jurisdiction could be used to condone delay beyond 120 days under GST law. The Court held that once statutory timelines expire, courts cannot override legislative intent to extend limitation.

Cash Sales Recorded in Books Cannot Be Added Again Under Section 68

February 5, 2026 609 Views 0 comment Print

Cash deposits during demonetisation were held to be business receipts already recorded as sales in audited books. The tribunal ruled that taxing the same receipts again under Section 68 amounts to double taxation.

Merger of “Additional Notices and Orders” with “Notices and Orders” Tab: Change in GST Portal Features

February 5, 2026 1713 Views 0 comment Print

The issue was fragmented visibility of GST notices across multiple tabs. The key takeaway is that all notices and orders are now available in one consolidated location, reducing oversight risks.

CIT(A)’s Power to Set Aside Ex-Parte Assessment Affirmed: ITAT Chennai

February 5, 2026 345 Views 0 comment Print

The Revenue challenged the appellate authoritys decision to remand an ex-parte order. The Tribunal ruled that the remand was lawful and well within statutory appellate powers.

Phosphatidylserine Classifiable Under Chapter 29 Due to Phosphoaminolipid Nature: CAAR Delhi

February 5, 2026 189 Views 0 comment Print

The advance ruling held that phosphatidylserine derived from soy lecithin qualifies as a phosphoaminolipid under Heading 2923. The product was classified under CTI 2923 2090 based on its chemical structure and composition.

Belated Form 10B Is a Curable Procedural Defect: ITAT Ahmedabad Condones Delay and Restores Sections 11–12 Exemption

February 5, 2026 348 Views 0 comment Print

The ruling clarifies that denial of charitable exemption for delayed Form 10B goes beyond Section 143(1). If verification is needed, it cannot be resolved through mechanical processing adjustments.

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