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Archive: February, 2026

Posts in February, 2026

Sterile Aprons and Shoe Covers falls Under Chapter 39, Not Garment Heading 6210: AAR West Bengal

February 18, 2026 438 Views 0 comment Print

The Authority rejected classification of plastic sterile aprons and shoe covers under garment heading 6210. It held that the products are plastic articles and fall under specific entries in Chapter 39.

ITAT Dehradun Quashes Reassessment – Borrowed Satisfaction, Mechanical Approval & Third-Party Loose Papers Held Insufficient

February 18, 2026 420 Views 0 comment Print

It was ruled that approval under Section 151 granted mechanically, with contradictory stands taken by the authority, vitiates the reopening. The reassessment was set aside for lack of proper application of mind.

GST on Tobacco Leaves Fixed at 5% as Curing and Grading Do Not Change Character: AAR West Bengal

February 18, 2026 996 Views 0 comment Print

AAR held that sun-cured, graded, and butted tobacco leaves remain “tobacco leaves” under HSN 240110 and attract 5% GST. Minimal manual processes do not alter their essential character.

Section 73 or 74 CGST: Proper Officer, Jurisdiction & Validity of Proceedings

February 18, 2026 4602 Views 0 comment Print

The framework clarifies which GST officers can issue SCNs and adjudicate demands under Sections 73 and 74. Jurisdiction depends strictly on assigned functions and monetary limits.

Penalty u/s 271(1)(c) Not Sustainable on Estimated GP Addition: ITAT Pune

February 18, 2026 1338 Views 0 comment Print

The Tribunal held that penalty under Section 271(1)(c) cannot be sustained when income is determined on an estimated basis. In absence of clear concealment, the Rs.5.41 lakh penalty was deleted.

80P Disallowance via 143(1) Invalid Before 1-4-2021 – Appeal Allowed

February 18, 2026 450 Views 0 comment Print

The Tribunal clarified that CPC could not make prima facie adjustments denying Section 80P deduction before the Finance Act, 2021 amendment. The disallowance made in 2019 was held invalid and deleted.

5 GST Compliance Problems Business Owners Must Avoid

February 18, 2026 1572 Views 0 comment Print

With automated notices and strict system validations, even minor GST mismatches can trigger penalties, interest, and blocked returns. Businesses must strengthen ITC reconciliation, filing discipline, and vendor compliance to avoid financial risks.

GST Applicable on Arbitration Awards Treated as Price Revision Under Section 142(2)(a): AAR West Bengal

February 18, 2026 1098 Views 0 comment Print

The AAR held that arbitration awards representing upward price revision under pre-GST contracts are taxable under GST. Compensation not linked to contractual price revision is not taxable.

Termination for Alleged Fake Certificates Quashed for Lack of Departmental Enquiry: Karnataka HC

February 18, 2026 1608 Views 0 comment Print

The High Court set aside the termination of an employee accused of submitting false educational documents, holding that no enquiry or hearing was conducted. The order was found to be stigmatic and punitive, violating principles of natural justice.

6th Year Utilisation of Sec 11 Accumulation Valid; CPC Adjustment Deleted: ITAT Pune

February 18, 2026 429 Views 0 comment Print

The Tribunal clarified that under the pre-amended law, accumulated income could be applied within five years or the immediately following year. Utilization within the sixth year barred taxation in AY 2023-24.

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