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Archive: February, 2026

Posts in February, 2026

SC Dismisses SLP as Section 205 Bars Demand on Deductee for Employer’s TDS Default

February 28, 2026 531 Views 0 comment Print

The Supreme Court upheld the High Court’s ruling that no tax demand can be raised on an employee where TDS was deducted but not deposited. The SLP was dismissed on delay and merits.

ITAT Remands 80G Approval Case Because 5% Religious Expense Limit Not Examined

February 28, 2026 543 Views 0 comment Print

The Tribunal held that rejection of 80G approval solely on religious objects was insufficient without examining whether religious expenditure exceeded 5% of total income. The matter was remanded for fresh consideration under Section 80G(5B).

ITAT Deletes Section 68 Addition Because Assessee Not Required to Prove Source of Source

February 28, 2026 1089 Views 0 comment Print

The Tribunal held that once loan transactions are routed through banking channels and identity and genuineness are established, the assessee cannot be asked to prove the source of the source. The unsecured loan addition of Rs. 60 lakh was deleted.

Customs Demand Set Aside for Violation of Natural Justice Due to Non-Issuance of Notice

February 28, 2026 282 Views 0 comment Print

The Tribunal held that absence of a show cause notice under Section 28(1) vitiated the demand. Failure to produce the notice even after ten years proved fatal to the Revenues case.

Four-Decade-Old Smuggling Case: Conviction Affirmed, Sentence Mitigated on Equitable Grounds

February 28, 2026 315 Views 0 comment Print

SC held that voluntary confessional statements recorded under Section 108 of Customs Act are admissible and substantive evidence. While affirming conviction, SC reduced sentence considering the four-decade delay and custody already undergone.

ITAT Deletes Section 69A Addition as Cash Deposits Were From Accepted & Recorded Liquor Sales

February 28, 2026 696 Views 0 comment Print

The Tribunal held that once retail liquor sales were accepted and income estimated, cash deposits used for liquor purchases could not be treated as unexplained under Section 69A. The addition was deleted due to recorded business transactions.

ITAT Restores Appeals After Delay Condoned Due to Lack of Knowledge of Online Orders

February 28, 2026 2763 Views 0 comment Print

ITAT Ahmedabad allowed three appeals for statistical purposes by setting aside CIT(A) orders and directing fresh adjudication, subject to deposit of ₹5,000 per case in the PM National Relief Fund.

Compassionate Assistance Deductible from Motor Accident Compensation to Prevent Double Recovery: SC

February 28, 2026 216 Views 0 comment Print

The Court held that financial assistance equivalent to pay and allowances under the 2006 Rules must be deducted from Motor Vehicles Act compensation. Only overlapping benefits can be adjusted to avoid double payment.

SC Refuses To Interfere With Bihar’s Sikrahana River Dam Project

February 28, 2026 231 Views 0 comment Print

While declining to interfere with the embankment project, the SC permitted petitioners to submit a comprehensive representation to authorities. Construction of the project was not restrained.

Patna HC Refuses to Halt Sikrahana Embankment as Project Backed by Technical Expertise

February 28, 2026 1632 Views 0 comment Print

Highlighting repeated flooding and large-scale public benefit, the Court refused to stop the embankment project. It concluded that the scheme was sanctioned after detailed study and served public interest.

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