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Archive: February, 2026

Posts in February, 2026

Assessment Order Set Aside Due to Discrepancy in Service of GST Show Cause Notice

February 22, 2026 1287 Views 0 comment Print

The Court found inconsistency in the service date of the show cause notice and held that no proper opportunity of hearing was given. The matter was remanded for fresh adjudication.

P&H HC Sustained Addition as Assessee Failed to Disprove Bank Stock Statements

February 22, 2026 483 Views 0 comment Print

The High Court dismissed the appeal holding that stock statements forming the basis of overdraft drawing power could not be disowned without contrary evidence. Addition was sustained after opportunities were granted to disprove the statements.

Revenue Cannot Ignore Tribunal Findings While Issuing Section 197 Certificate: Delhi HC

February 22, 2026 390 Views 0 comment Print

The Court set aside the Section 197 order holding that distribution fees were treated as royalty without concrete reasoning. It directed issuance of a NIL tax withholding certificate.

ITAT Mumbai Quashes Reassessment for Wrong Sanction by Incorrect Authority Under Section 151

February 22, 2026 579 Views 0 comment Print

ITAT Mumbai held that reassessment beyond three years is invalid if approval is not obtained from the specified higher authority under Section 151(ii). The notice under Section 148 was declared void ab initio.

Common GST SCN for Multiple Years to Uber Set Aside by AP HC

February 22, 2026 744 Views 0 comment Print

The Court ruled that issuing a common notice for different financial years violates established precedent, though fresh action may be taken in accordance with law.

Gujarat HC Refuses to Entertain GST Appeal Filed Beyond 120 Days Due to Statutory Bar

February 22, 2026 657 Views 0 comment Print

The High Court held that delay beyond the maximum 120-day period under Section 107 of the GGST Act is uncondonable. Writ jurisdiction cannot override statutory limitation.

ITAT Upholds Section 263 Revision Due to Lack of Inquiry Into Section 80GGC Political Donation

February 22, 2026 4584 Views 0 comment Print

The Tribunal held that failure of the Assessing Officer to verify genuineness of a ₹30 lakh donation under Section 80GGC rendered the assessment erroneous and prejudicial to revenue, justifying revision under Section 263.

Revision Petitions Deemed Revived on Default Under Vivad Se Vishwas: J&K HC

February 22, 2026 405 Views 0 comment Print

The Court held that failure to comply with payment conditions under the 2020 Scheme automatically revived withdrawn revision petitions. This made the assessee eligible under the 2024 DTVSV Scheme.

Income Tax Dept Must Share Police Verification Report Used in Employee Dismissal: Calcutta HC

February 22, 2026 573 Views 0 comment Print

The Court held that an employee must be given access to documents relied upon for dismissal, including the Police Verification Report. It directed the department to furnish the report while keeping the merits of termination open.

ITC Fraud Probe: Bail Approved as Custodial Interrogation Not Shown Indispensable

February 22, 2026 372 Views 0 comment Print

The High Court granted anticipatory bail in a GST fraud case, noting that the allegations were primarily supported by documentary and digital evidence already seized. Custodial interrogation was found unnecessary.

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