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Archive: February, 2026

Posts in February, 2026

ITAT Indore Sets Aside FTC Disallowance as Form 67 Filed With Section 139(4) Return

February 23, 2026 405 Views 0 comment Print

The Tribunal found that denial of foreign tax credit during return processing was improper where Form 67 and the return were filed together. The Assessing Officer was directed to verify and allow credit.

ITAT Rajkot Quashes Reassessment as Section 148 Notice Issued Beyond Surviving Time

February 23, 2026 642 Views 0 comment Print

The Tribunal held that the reassessment notice was time-barred under the Supreme Court ruling on surviving period. Notices issued beyond the permissible limit were declared invalid.

Section 68 Addition Deleted as PAN, ITR and Confirmations Proved Loan Creditworthiness

February 23, 2026 2424 Views 0 comment Print

Tribunal upheld deletion of unsecured loan addition after finding identity, creditworthiness, and genuineness established through PAN, ITRs, bank statements, and TDS records.

Section 68 Addition Deleted as Cooperative Society Accepted Deposits from Its Own Members

February 23, 2026 582 Views 0 comment Print

The Tribunal held that deposits received from members of a registered cooperative society cannot be treated as unexplained credits when supported by books and member-wise records.

Double Addition in Intimation and Rectification: ITAT Delhi Orders Review

February 23, 2026 459 Views 0 comment Print

The Tribunal remanded the matter after noting that expenses already disallowed by the assessee were again disallowed during processing, resulting in double addition. The issue was sent back to the Assessing Officer for fresh consideration.

Draft Income Tax Rule 9 – Determination of income in case of non-residents

February 23, 2026 432 Views 0 comment Print

Rule 9 authorizes the Assessing Officer to reasonably estimate non-resident income from Indian assets, property, or business connections when the precise taxable amount cannot be ascertained.

Karnataka HC Quashed GST Adjudication for Ignoring Circular Mechanism on Invoice Errors

February 23, 2026 630 Views 0 comment Print

The High Court set aside the adjudication order for FY 2019-20, holding that the benefit of Circular No.183/15/2022-GST cannot be denied where identical errors exist. Authorities were directed to reconsider the matter under applicable GST Circulars.

Nothing indicated knowingly participation in sham transaction: Reopening quashed

February 23, 2026 396 Views 0 comment Print

Gujarat High Court held that the respondent officer could not have assumed jurisdiction for reopening the assessment since there was nothing which indicate that petitioner has participated knowingly in the sham transaction. Accordingly, order is quashed and set aside.

GST Registration Restored Due to Financial and Health Hardship, Subject to Strict ITC Conditions

February 23, 2026 747 Views 0 comment Print

The High Court revoked cancellation of GST registration after accepting the petitioner’s explanation of financial and health difficulties. However, restoration was made conditional upon filing pending returns and restricting ITC utilization until departmental scrutiny.

Orissa High Court Cancels GST Order for Reliance on Incorrect Portal Data

February 23, 2026 435 Views 0 comment Print

The High Court set aside a Section 63 GST assessment passed against an unregistered contractor after authorities admitted confusion caused by identical names and incorrect reliance on WAMIS data.

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