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Archive: February, 2026

Posts in February, 2026

ITAT Chandigarh Upholds Sec 271C Penalty – Nodal Govt. Agency Liable for Non-Deduction of TDS U/s 194C

February 19, 2026 324 Views 0 comment Print

The Tribunal held that mere transfer of funds to a state undertaking does not shift statutory TDS liability. Without proof of lawful discharge of TDS, penalty was sustained

Delayed Form 10F Not Fatal for DTAA Benefit – Procedural Requirement Held Curable – ITAT Hyderabad

February 19, 2026 564 Views 0 comment Print

The Tribunal held that denial of India–USA DTAA rates during processing under Section 143(1) was unjustified. It observed that Form 10F facilitates verification and does not create the right, making delayed compliance curable.

Income from House Property: When Ownership Becomes Taxable Income

February 19, 2026 1617 Views 0 comment Print

The law taxes the annual value of property based on ownership, not just actual rent received. Even vacant or self-occupied properties can attract tax under Section 22, reflecting their earning potential.

ITAT Hyderabad Deletes Addition Based Solely on Sec 132(4) Third-Party Statement for Lack of Corroboration

February 19, 2026 420 Views 0 comment Print

ITAT clarified that a statement recorded during search does not automatically become incriminating material. Without supporting documentary evidence, additions under Section 69A cannot survive.

ITC under GST: Eligibility Framework, Statutory Limits & Role of Indian Courts

February 19, 2026 1161 Views 0 comment Print

A comprehensive analysis of ITC under GST, covering statutory conditions, blocked credits, supplier default issues, and landmark judicial interpretations shaping taxpayer rights.

ITAT Nagpur Deletes Sec 69A Addition – Small Loans from Friends & Relatives Explained with Identity & Banking Evidence

February 19, 2026 333 Views 0 comment Print

The Tribunal emphasized that documentary evidence including bank statements and lender confirmations sufficiently explained the disputed credits. It held that no addition for unexplained money was warranted.

Courts Should Avoid Undue Leniency While Sentencing Those Found Guilty In Criminal Cases: SC

February 19, 2026 312 Views 0 comment Print

The Supreme Court set aside a High Court order reducing a three-year jail sentence in an attempt-to-murder case, holding that compensation cannot substitute custodial punishment. It stressed proportional sentencing and deterrence.

ITAT Nagpur Allows 80% Indexed Cost of Improvement on Estimation Considering Construction Evidence & Assessee’s Death

February 19, 2026 318 Views 0 comment Print

While condoning procedural delay, the Tribunal emphasized fairness and allowed substantial relief in a capital gains computation dispute. It directed recalculation of indexed cost after permitting 80% of claimed improvement expenses.

ITAT Nagpur Deletes Bogus Purchase Addition – Verified Books & Payments Outweigh Sales Tax Info, Vendor Non-Production Not Fatal

February 19, 2026 339 Views 0 comment Print

The Tribunal held that when sales are undisputed and books of account remain intact, purchase additions require stronger evidence. In the absence of contrary material, the ₹35.48 lakh disallowance was deleted.

ITAT Nagpur Allows Seller’s Registration Charges as Capital Gains Deduction – Agreement Terms Prevail

February 19, 2026 492 Views 0 comment Print

Although stamp law generally places registration costs on buyers, the Tribunal held that parties may contract otherwise. Since the sale deed clearly assigned the burden to the seller, the ₹5.47 lakh disallowance was deleted.

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