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Archive: February, 2026

Posts in February, 2026

Bogus Purchase Disallowance – Issue of 12.5% vs 100% Addition Remanded to CIT(A) for Fresh Fact Verification – ITAT Mumbai

February 21, 2026 480 Views 0 comment Print

The Tribunal found inconsistencies in the CIT(A)’s findings while restricting addition to 12.5% of purchases. As key facts were not properly examined, the issue was restored for fresh adjudication.

Penalty U/s 271(1)(c) Deleted – Bogus Purchase Additions Based on Estimation Cannot Trigger Penalty – ITAT Mumbai

February 21, 2026 765 Views 0 comment Print

he Tribunal emphasized that assessment and penalty proceedings are distinct and strict proof of concealment is required. Estimated additions alone cannot justify penalty under Section 271(1)(c).

Manual Signing in E-Proceedings Violates CBDT Instruction 1/2018 – Reassessment U/s 147/143(3) Quashed, ITAT Delhi

February 21, 2026 1038 Views 0 comment Print

The Tribunal ruled that assessment orders in e-proceedings must be digitally signed as per CBDT instructions. A manually signed order was held illegal and liable to be quashed.

Delay in Form 67 Not Fatal – Foreign Tax Credit to be Allowed: ITAT Mumbai

February 21, 2026 678 Views 0 comment Print

ITAT Mumbai allowed foreign tax credit of ₹90,208 despite delay in filing Form 67, holding Rule 128 directory and procedural lapse cannot defeat substantive Sec 90/DTAA claim.

Alleged Cash On-Money Addition Deleted – Third-Party Pen Drive & Statements Without Cross-Examination or Direct Evidence Insufficient – ITAT Mumbai

February 21, 2026 1071 Views 0 comment Print

The Tribunal ruled that entries found in a third-party pen drive cannot justify addition without independent corroboration. Failure to allow cross-examination violated principles of natural justice, leading to deletion.

CIRP Regulations, 2016: Strengthening CoC Oversight & Procedural Clarity – A Practitioner’s Analysis

February 21, 2026 633 Views 0 comment Print

The Discussion Paper proposes enhanced recording of CoC deliberations, rationalised CIRP costs, and safeguards against related-party influence. Legislative backing is suggested for certain reforms.

Faceless Assessment under Income Tax Act: Transparency or Trouble?

February 21, 2026 1188 Views 0 comment Print

Introduced to eliminate human interface and enhance accountability, faceless assessment has improved digital transparency but raised concerns over natural justice and technical glitches.

Section 54 Exemption Allowed – Possession Date of Under-Construction Flat Relevant, Not Agreement Date – ITAT Mumbai

February 21, 2026 1257 Views 0 comment Print

The Tribunal held that the relevant date for Section 54 is possession of the new residential house, not the agreement date. Since possession was taken within two years of sale, exemption was allowed.

Taxation of Traders in India: Structural Framework, Judicial Interpretation & Compliance Realities

February 21, 2026 477 Views 0 comment Print

Traders are governed by both Income-tax and GST laws, creating layered compliance obligations. This article explains computation rules, judicial tests, and reporting requirements affecting trading businesses.

Concept of Income under the Income Tax Act 1961

February 21, 2026 1398 Views 0 comment Print

This article explains how Section 2(24) adopts an inclusive definition of income, covering monetary, non-monetary, and even illegal gains. It highlights key judicial doctrines that determine taxability.

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