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Archive: February, 2026

Posts in February, 2026

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

February 18, 2026 636 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 3027 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 1200 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 273 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 1143 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 675 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 1269 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 267 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.

ITAT Pune: Bank FD Interest Taxable as Other Sources; 5% Expense Allowed

February 18, 2026 201 Views 0 comment Print

The ruling confirms that transactions with banks involve third parties, defeating the identity required for mutuality. While sustaining taxability, the Tribunal permitted a 5% estimated expense deduction to compute real income.

Total Income Computation of Registered NPOs under Income Tax Act 2025

February 18, 2026 2124 Views 0 comment Print

The new law outlines detailed rules for computing regular, residual, and specified income of registered NPOs. It also prescribes disallowances and a 30% tax on specified income.

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