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Archive: February, 2026

Posts in February, 2026

Mutual Fund Redemption Not “Trading of Goods”; No CENVAT Reversal or Extended Limitation under Service Tax

February 21, 2026 1377 Views 0 comment Print

CESTAT Delhi ruled that subscription and redemption of mutual fund units do not constitute trading under Section 66D(e) of the Finance Act. As units are cancelled upon redemption and not transferred, no CENVAT credit reversal or extended limitation applies.

Addition U/s 69 Deleted; AO/CIT(A) Inconsistency & No On-Money Evidence – ITAT Mumbai

February 21, 2026 462 Views 0 comment Print

ITAT deleted ₹14.74 lakh addition as identical source was accepted in spouse’s case. Alleged on-money payment lacked corroborative evidence.

Registration Not Determinative; Stock-in-Trade Taxable on Possession & Consideration – Rs 10.81 Cr Deleted – ITAT Mumbai

February 21, 2026 246 Views 0 comment Print

Tribunal ruled that once consideration was received and possession handed over in an earlier year, subsequent registration cannot shift taxability. Revenue’s reliance on Insight Portal data was rejected.

Clinical Trials for Foreign Entities Not Taxable in India as Place of Supply Is Abroad: Karnataka HC

February 21, 2026 720 Views 0 comment Print

The Karnataka High Court ruled that clinical-trial and pharma R&D services to foreign clients qualify as export of services. It held Notification 04/2019–Integrated Tax to be clarificatory and retrospective, thereby quashing GST demands for the pre-notification period.

Allotment Letter Treated as Agreement to Sell – Stamp Value on Booking Date to Apply U/s 56(2)(x)

February 21, 2026 606 Views 0 comment Print

ITAT Mumbai held allotment letter is an agreement to sell; stamp duty value on booking/allotment date applies u/s 56(2)(x) where payments were via banking channels. ₹45.03L addition set aside for verification.

Section 271(1)(c) Penalty Deleted Because Addition Was Based on Estimated Bogus Purchases

February 21, 2026 1587 Views 0 comment Print

ITAT Mumbai held that penalty under Section 271(1)(c) cannot survive where bogus purchase additions are made purely on an estimated basis. Estimated profit disallowances do not prove concealment without concrete evidence.

Reopening Quashed – Sec 151 Approval by PCIT Invalid Beyond 3 Years; Reassessment Void – ITAT Mumbai

February 21, 2026 456 Views 0 comment Print

The ITAT Mumbai held that reassessment initiated beyond three years was invalid as approval under Section 151 was granted by the Principal Commissioner instead of the statutorily required Principal Chief Commissioner or equivalent authority.

Reassessment Quashed: Sec 143(2) Notice Mandatory in 147 Cases; Return Filed Within TOLA Time Valid – ITAT Kolkata

February 21, 2026 411 Views 0 comment Print

The Tribunal ruled that failure to issue notice under Section 143(2) after receiving return in reassessment proceedings is a jurisdictional defect. The reassessment order was quashed.

Buyback Taxation in India: Evolution from Early Provisions to Budget 2026 Reforms

February 21, 2026 1056 Views 0 comment Print

After taxing full buyback proceeds as dividend from October 2024, Budget 2026 restores capital gains taxation to correct structural distortions. The reform ensures only real gains are taxed and protects minority investors.

Reassessment Beyond 3 Years Void for PCIT Approval Instead of PCCIT – ITAT Mumbai

February 21, 2026 312 Views 0 comment Print

ITAT Mumbai quashed reassessment beyond 3 years as approval under Sec 151(ii) was granted by PCIT instead of PCCIT/CCIT, rendering notice u/s 148 and entire proceedings invalid.

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