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Archive: February, 2026

Posts in February, 2026

GST Applicable on University Statutory Functions as Madras HC Relies on Earlier Rulings

February 20, 2026 198 Views 0 comment Print

The Court dismissed the plea seeking declaration that statutory university functions are not taxable under GST. It held the issue is already covered by prior decisions and allowed authorities to proceed as per law.

Provision for leave encashment on actuarial basis is allowable as deduction

February 20, 2026 546 Views 0 comment Print

ITAT Mumbai held that the provision for leave encashment made on actuarial basis constitutes an ascertained liability and is allowable as deduction. Accordingly, the said ground is allowed.

Sec. 56(2)(x) Inapplicable to Conversion of Optionally Convertible Cumulative Redeemable Preference Shares into Equity Shares

February 20, 2026 792 Views 0 comment Print

ITAT Mumbai held that provisions of section 56(2)(x) of the Income Tax Act have no applicability on conversion of Optionally Convertible Cumulative Redeemable Preference Shares into equity shares. Accordingly, addition made by invoking section 56(2)(x) cannot be sustained. Thus, appeal is allowed.

Summons u/s. 70 of CGST issued for inquiry do not constitute illegal detention

February 20, 2026 720 Views 0 comment Print

Bombay High Court held that issuance of summons under section 70 of the Central Goods and Services Tax Act, 2017 [CGST Act] for inquiry do not constitute illegal detention. Accordingly, present petition stands dismissed.

ITAT Deletes Section 68 Addition as AO Relied Solely on Generalized Penny Stock Report

February 20, 2026 4956 Views 0 comment Print

The Tribunal held that mere reliance on an Investigation Wing report without linking the assessee to price manipulation cannot justify treating LTCG as bogus. Documentary evidence and banking transactions supported genuineness.

Areca nuts treated as prohibited as imported below Minimum Import Price: Absolute confiscation justified

February 20, 2026 411 Views 0 comment Print

Delhi High Court held that absolute confiscation as ordered is justifiable in view of import of Areca Nuts below Minimum Import Price condition. Accordingly, extraordinary jurisdiction under Article 226 of the Constitution not warranted and hence writ petition stands dismissed.

ITAT Restores Appeal After Wrongful Dismissal for Non-Payment of Advance Tax

February 20, 2026 378 Views 0 comment Print

The Tribunal held that Section 249(4)(b) does not apply in reassessment where no advance tax liability existed, setting aside dismissal of appeal and restoring it for decision on merits.

Refund of GST paid erroneously cannot be denied solely on ground of limitation

February 20, 2026 969 Views 0 comment Print

Orissa High Court held that refund claimed in respect of tax paid erroneously or under mistaken notion cannot be denied solely on the ground of limitation stipulated in section 54 of the GST Act. Accordingly, refund of taxes deposited twice is allowed and order rejection refund is quashed.

An Analysis of SEBI’s Cyber Security and Cyber Resilience Framework

February 20, 2026 387 Views 0 comment Print

SEBI’s amended cyber resilience framework strengthens governance by formalizing roles of CTO and CISO and restructuring reporting lines within MIIs. However, the absence of clear individual liability creates an accountability gap despite enhanced oversight mechanisms.

ROC Cuttack Penalizes Company and Director for Incorrect Annual Return Data

February 20, 2026 333 Views 0 comment Print

A mismatch in paid-up capital disclosure in the annual return led to penalty proceedings under Section 454. The decision emphasizes that compliance failures in MCA filings, even if unintentional, invite statutory penalties.

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