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Archive: February, 2026

Posts in February, 2026

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

February 21, 2026 726 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 519 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 786 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 462 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 723 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 924 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 405 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 900 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.

Sec 68 Addition Deleted – Third-Party Statement on Alleged Entry Provider Insufficient Without Independent Evidence – ITAT Mumbai

February 21, 2026 396 Views 0 comment Print

ITAT deleted ₹60 lakh addition as the Revenue relied solely on a third-party confession without independent verification. Documentary evidence such as confirmations, ITRs and bank statements discharged the assessee’s onus.

Reopening Invalid – No Addition on Recorded Reasons; MAT U/s 115JB Quashed per Jet Airways – ITAT Mumbai

February 21, 2026 297 Views 0 comment Print

ITAT ruled that once the Assessing Officer makes no addition on the issue forming the basis of reopening, other additions cannot survive. MAT demand under Section 115JB was therefore struck down as unlawful.

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