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Archive: February, 2026

Posts in February, 2026

Rejection of Books Upheld but Profit Estimation Reduced to 5% – Self-Made Vouchers Expense Defects Not Fully Reliable – ITAT Hyderabad

February 19, 2026 606 Views 0 comment Print

The Tribunal held that payment towards traffic violation is hit by Explanation 1 to Section 37(1) and not deductible. Though books were rightly rejected, estimation at 8% was moderated to 5% in the interest of justice.

ITAT Chandigarh Deletes “On-Money” Addition – Third-Party Digital Data Insufficient Without Corroboration

February 19, 2026 960 Views 0 comment Print

The Tribunal deleted the addition sustained by the CIT(A) as it was based solely on digital data found from a third party. It reiterated that suspicion or extrapolation without direct evidence cannot sustain tax additions.

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

February 19, 2026 471 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 891 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 1809 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 606 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 1548 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 471 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 420 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 462 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.

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