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Archive: February, 2026

Posts in February, 2026

ITAT Chandigarh Quashes Sec 143(3) in Search Case; AO Must Act Under Sec 148; Revenue Appeal Dismissed

February 17, 2026 1005 Views 0 comment Print

The case involved additions for alleged suppressed sales and purchases based on seized digital material. The Tribunal ruled that once search material exists, the AO must invoke Section 148 with proper approval, making the 143(3) assessment legally unsustainable.

ITAT Raipur Deletes Sec 69A Addition; Joint A/c Cash Not Taxable in Wife’s Hands if Husband Owns It

February 17, 2026 912 Views 0 comment Print

The ITAT deleted addition under Section 69A where cash deposits were made in a joint account. Since the husband owned the deposits and was not cross-examined, taxing the wife was held unjustified.

Depreciation allowable on difference between slump sale consideration and value of tangible assets

February 17, 2026 555 Views 0 comment Print

ITAT Mumbai held that balancing figure between the slump sale consideration and the value of identifiable tangible assets represents goodwill or commercial rights in the nature of an intangible asset, and depreciation thereon is allowable under section 32(1)(ii) of the Income Tax Act.

ITAT Rajkot Upholds Sec 263; Failure to Verify Share Capital Source of Source Makes Order Erroneous

February 17, 2026 531 Views 0 comment Print

The Tribunal ruled that accepting share capital and unsecured loans without proper verification violates Section 68 requirements. It upheld the Principal CITs revision order, stating that failure to investigate renders the order prejudicial to revenue.

RBI releases draft Directions on Foreign Exchange Dealings of Authorised Persons

February 17, 2026 843 Views 0 comment Print

On February 17, 2026, the Reserve Bank of India released draft Directions on Foreign Exchange Dealings of Authorised Persons for public consultation, inviting comments until March 10, 2026. The draft, issued under FEMA, 1999 and the RBI Act, aims to refine and modernise the regulatory framework governing Authorised Dealers (AD Category-I banks and AD Category-III […]

IBBI proposes strengthening CoC’s oversight & procedural clarity under CIRP Regulations

February 17, 2026 492 Views 0 comment Print

The discussion paper suggests stronger recording of CoC deliberations, structured approval of CIRP costs, and clearer roles in delayed claims. It also proposes excluding related operational creditors to safeguard independence.

Fast Track Merger under the Companies Act, 2013

February 17, 2026 43620 Views 1 comment Print

The 2025 amendment broadens eligibility under Section 233, allowing more small, start-up, and unlisted companies to use the Regional Director route. Auditor certification and compliance safeguards are mandated.

Section 148 Notice Invalid Since Issued After Surviving 23-Day Limitation Period

February 17, 2026 2955 Views 0 comment Print

The Tribunal held that the fresh notice issued under Section 148 was beyond the surviving limitation period available after applying TOLA and Supreme Court directions. As a result, the reassessment proceedings were declared void ab initio.

Penalty Imposed for Delay in Appointing Woman Director Under Section 149

February 17, 2026 483 Views 0 comment Print

ROC Kolkata imposed penalties after a public company failed to appoint a woman director within the statutory six-month period. Though the default was later rectified, penalties were levied for the period of non-compliance under Section 172.

₹9 Cr Purchase Addition Deleted; Evidence Ignored; Natural Justice Violated: ITAT Ahmedabad

February 17, 2026 510 Views 0 comment Print

Despite voluminous documentation filed during assessment and appeal, the authorities concluded that no evidence was produced. The Tribunal found this approach grossly negligent and deleted the entire purchase addition.

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