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Archive: February, 2026

Posts in February, 2026

No Court inferior to Sessions Court shall try offence under Chapter IV of Drugs and Cosmetics Act

February 24, 2026 267 Views 0 comment Print

Supreme Court held that no Court inferior to Court of Sessions shall try an offence punishable under Chapter IV of the Drugs and Cosmetics Act, 1940. Accordingly, High Court rightly dismissed petition filed u/s. 482 for quashing of complaint. Thus, present appeal stands dismissed.

No Addition U/s 68 in Search Cases Without Incriminating Material – Penny Stock LTCG Additions Deleted – Dept Appeals Dismissed

February 24, 2026 276 Views 0 comment Print

ITAT Lucknow held that additions under Section 68 in search cases cannot be made without incriminating material found during search. Penny stock LTCG additions were deleted and departmental appeals dismissed.

Allahabad HC Quashed Section 74 GST Proceedings for Absence of Fraud or Suppression Allegations

February 24, 2026 6174 Views 0 comment Print

The High Court held that invocation of Section 74 is invalid where the show cause notice lacks specific allegations of fraud, wilful misstatement, or suppression of facts. Without recorded findings of mens rea, proceedings are without jurisdiction.

ITAT Lucknow Quashes U/s 148 Reopening; U/s 148A(d) Order Passed Before Reply Time & Without Considering Assessee’s Response

February 24, 2026 279 Views 0 comment Print

ITAT Lucknow held that revision under Section 263 cannot be invoked without specifying what enquiries the AO failed to conduct. As the PCIT did not spell out such deficiencies, the revision order was quashed.

Crypto Under Tax Lens: Is India’s Virtual Digital Asset Regime Fair & Future-Ready?

February 24, 2026 570 Views 0 comment Print

India taxes Virtual Digital Assets at a flat 30% with no loss set-off. The article examines whether this framework aligns with equity and neutrality principles.

Residential Status and Scope of Total Income under Income Tax Act, 1961

February 24, 2026 978 Views 0 comment Print

Residential status under the Income Tax Act, 1961 defines who is taxed and on what income. The article explains how residence, not citizenship, anchors India’s tax jurisdiction.

Wrong ITR Section: 10(23C)(iiiad) Exemption Cannot Be Denied Mechanically; Remanded to AO – ITAT Lucknow

February 24, 2026 372 Views 0 comment Print

ITAT Lucknow held that exemption under Section 10(23C)(iiiad) cannot be denied merely due to incorrect section selection in the ITR. The matter was remanded to the AO to examine eligibility on merits after proper hearing.

Are Tax Incentives for FDI Still Effective in the Era of Global Minimum Tax?

February 24, 2026 330 Views 0 comment Print

Tax incentives for FDI are a double-edged sword. While they can bridge the gap in a country’s competitiveness in the short term, they frequently come at the cost of fiscal sustainability, economic equity, and market neutrality. In the era of the Global Minimum Tax, the “race to the bottom” is being replaced by a race toward quality. Nations that prioritize institutional stability, transparent governance, and investments in human capital will likely outperform those relying solely on fiscal favors.

Taxation on Luxury Cars in India: Is High GST a Policy Tool or Punitive Taxation?

February 24, 2026 474 Views 1 comment Print

Luxury cars attract 28% GST plus up to 22% Compensation Cess, pushing the tax burden near 50%. The analysis explains whether this structure is justified as fiscal policy or risks becoming economically excessive.

Section 234E Demand Set Aside as Section 200A Intimation Exceeded Jurisdiction pre-01.06.2015

February 24, 2026 369 Views 0 comment Print

The ITAT Raipur held that prior to 1 June 2015, there was no enabling provision under Section 200A to levy late filing fees under Section 234E while processing TDS returns. The Tribunal ruled the demand for A.Y. 2013-14 unsustainable and deleted the levy.

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