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Archive: February, 2026

Posts in February, 2026

Bombay HC Quashes Reassessment as Section 148 Notice Issued by Wrong Authority

February 19, 2026 933 Views 0 comment Print

The Court held that issuance of notice under Section 148 by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer is a jurisdictional defect. All consequential reassessment proceedings were set aside.

Reading ‘Benefit’ Test into ALP Determination: Ignoring Established Rules

February 19, 2026 774 Views 0 comment Print

Reading The ‘Benefit’ Test Into Arm’s Length Price Determination: Throwing The Rulebook Out The Window 1. INTRODUCTION: Transfer Pricing Law, at its core, strikes at the distortion of ordinary business transactions, that occurs when related parties transact on terms inconsistent with competitive market conditions. Reportedly resorted to by Multinational Corporations in some instances, related-party transactions […]

Unsigned Sale Agreement & Alleged On-Money Addition quashed for Assessment Barred by Limitation

February 19, 2026 576 Views 0 comment Print

The Tribunal held that exclusion of time for transfer of seized material applies only within the running limitation period. As the assessment was passed beyond the recalculated deadline, it was quashed as barred by limitation.

ITC on Works Contract Services – Allowed or Disallowed?

February 19, 2026 1359 Views 0 comment Print

ITC under Section 17(5)(c) is restricted only when repair or renovation expenses are capitalised. Revenue expenses remain eligible, making accounting treatment crucial.

Rule 86A Blocking of ITC: Legal Limits, Misuse & Protection Strategies for Genuine Taxpayers

February 19, 2026 1212 Views 0 comment Print

Courts clarify that ITC can be blocked only on recorded “reasons to believe” supported by concrete evidence. Mere suspicion or supplier default is insufficient to invoke Rule 86A.

Demand of service tax under RCM merely based on balance sheet figures cannot be sustained

February 19, 2026 744 Views 0 comment Print

CESTAT Kolkata held that demand of service tax under Reverse Charge Mechanism [RCM] raised merely on the basis of figures appearing in Balance Sheet without classifying the category of service is not sustainable.

Faceless Assessment under Income Tax: Transparency, or Administrative Challenge?

February 19, 2026 531 Views 0 comment Print

Examines whether Section 144B’s faceless assessment system enhances transparency or creates challenges relating to natural justice and digital compliance.

Refund rejection not sustained as service amounts to intermediary not proved by department

February 19, 2026 342 Views 0 comment Print

Telangana High Court held that rejection of refund application by refund sanctioning authority not sustained since authorities failed to demonstrate that services rendered by petitioner tantamount to intermediary services. Accordingly, writ petition is allowed.

Cash Deposits Cannot Be Treated as Unexplained Under Presumptive Tax Scheme: ITAT Kolkata

February 19, 2026 8160 Views 0 comment Print

The Tribunal held that once income is declared under the presumptive taxation scheme of Section 44AD, individual cash deposits cannot be separately added. The sustained addition was set aside and deleted.

जीएसटी ट्रिब्यूनल के पोर्टल पर उत्पन्न समस्याओं के संबंध में

February 19, 2026 573 Views 0 comment Print

सेमिनार में अधिवक्ताओं ने अपील फाइलिंग, फीस त्रुटि और क्षेत्राधिकार संबंधी समस्याओं को उठाते हुए पोर्टल सुधार और समय विस्तार की मांग की।

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