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Archive: February, 2026

Posts in February, 2026

ITAT Bangalore: Cost of Construction Cannot Be Fully Disallowed; Matter Remanded to AO for Fresh Verification & Valuation

February 20, 2026 504 Views 0 comment Print

The ITAT Bangalore held that the entire cost of construction claimed by the assessee while computing capital gains on sale of property could not be outrightly disallowed merely due to lack of complete supporting documents.

Green Fields, Zero Tax? Understanding Why Agricultural Income in India is Exempt from Income Tax

February 20, 2026 567 Views 0 comment Print

The exemption is rooted in constitutional provisions and Sections 2(1A) and 10(1) of the Income-tax Act. Courts have clarified that only genuine agricultural operations qualify for tax relief.

ITAT Bangalore Quashes Reopening Based on Wrong Bogus LTCG Assumption; Deletes Double Addition U/s 68

February 20, 2026 282 Views 0 comment Print

The ITAT Bangalore held that reopening of assessment was invalid as it was based on an incorrect assumption that the assessee had claimed bogus long-term capital gains (LTCG) from penny stock transactions.

Sec. 263 Revision Quashed – AO’s Detailed Enquiry on Model House & Business Expenses; Change of Opinion Invalid: ITAT Bangalore

February 20, 2026 261 Views 0 comment Print

ITAT Bangalore quashed Sec.263 revision, holding AO had examined Model House and ₹9.68 cr expenses in detail; mere change of opinion cannot justify revision.

ITAT Quashes ₹11.23 Cr Reassessment as Section 148 Notice Held Time-Barred

February 20, 2026 594 Views 0 comment Print

The Tribunal held that the reassessment notice issued after the extended limitation period was invalid under Section 149. As a result, the entire reassessment based on alleged accommodation entries was quashed as void ab initio.

Ability to Pay vs Benefit Principle: Determining True Basis of Taxation in India

February 20, 2026 1092 Views 0 comment Print

The analysis shows that India s taxation system, particularly under the Income-tax Act, 1961, is primarily based on economic capacity rather than benefits received. Judicial rulings and constitutional values support progressive, redistributive taxation.

Section 75(2) CGST: Proper Officer, Jurisdiction & Validity of Proceedings

February 20, 2026 744 Views 1 comment Print

The Tribunal held that when fraud allegations under Section 74 fail, the matter must be remitted to the original proper officer under Section 75(2). The appellate authority cannot itself re-determine tax liability under Section 73.

Reassessment After 31-03-2024 Time-Barred; First Proviso to Sec. 149(1) Prevails Over 148A – Proceedings Quashed by ITAT Bangalore

February 20, 2026 642 Views 0 comment Print

ITAT Bangalore quashed reassessment for AY 2017-18, holding notice issued on 12-04-2024 time-barred under first proviso to Sec.149(1), despite prior 148A proceedings.

University Affiliation and Allied Services Exempt from Service Tax: Madras HC

February 20, 2026 1647 Views 0 comment Print

The Court held that renting space within a university campus for banks and similar facilities forms part of allied educational services. Consequently, the service tax demand and penalties were quashed.

Spectrum allocated to Telecom Service Providers cannot be subjected to proceedings under IBC

February 20, 2026 327 Views 0 comment Print

Supreme Court held that Spectrum allocated to Telecom Service Providers [TSPs] and shown in their books of account as an “asset” cannot be subjected to proceedings under Insolvency and Bankruptcy Code, 2016 [IBC].

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