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ITAT Kolkata Quashed Reopening Because It Was Based on Mere Change of Opinion

February 18, 2026 480 Views 0 comment Print

ITAT Kolkata held that reassessment under Section 147 was invalid as it relied solely on existing records. In absence of new tangible material, reopening amounted to impermissible review.

GSTAT Remands Profiteering Case Due to Non-Verification of ITC Reversal

February 17, 2026 393 Views 0 comment Print

The GSTAT found that ITC reversal claimed by the developer was not factored into the original computation. The matter was remanded for verification and submission of a revised report.

GSTAT Closed GST Anti-Profiteering Case After Full ITC Benefit Passed to 355 Homebuyers

February 17, 2026 843 Views 0 comment Print

The anti-profiteering investigation calculated profiteering due to enhanced ITC under GST. As the developer passed on the full benefit, including disputed sums with interest, the Tribunal disposed of the proceedings.

Rule 86A Cannot Create Artificial Negative ITC Balance: P&H HC

February 17, 2026 801 Views 0 comment Print

The High Court held that Rule 86A does not permit blocking of input tax credit beyond the amount available in the Electronic Credit Ledger. Negative balance entries were set aside as unsustainable.

Madras HC Set Aside GST Assessment Order for Lack of Personal Hearing Despite Portal Notice

February 17, 2026 588 Views 0 comment Print

The Madras High Court set aside a GST assessment order as no personal hearing was granted, even though notices were uploaded on the portal. The Court held that mere portal service without effective opportunity violates principles of fairness.

Vivad Se Vishwas Benefit Cannot Be Denied When Penalty Appeal Is Pending: Bombay HC

February 17, 2026 417 Views 0 comment Print

The Bombay High Court held that a pending penalty appeal qualifies as a “dispute” under the Vivad Se Vishwas Scheme. Rejection solely for absence of assessment appeal was set aside

Provision Based on Actual Bills Cannot Be Disallowed Without Verification: ITAT Mumbai

February 17, 2026 237 Views 0 comment Print

The Tribunal held that disallowance based solely on tax audit reporting required factual verification. The issue was remanded for examining whether the power liability provision was wrongly treated as contingent.

Customs Broker Not Liable for Exporter’s Non-Existence When IEC & GSTIN Are Genuine CESTAT Delhi

February 17, 2026 516 Views 0 comment Print

The Tribunal held that mere non-participation in inquiry and reliance on government-issued IEC and GSTIN cannot establish breach of CBLR obligations. Licence revocation and penalty were quashed for lack of evidence.

₹6 crore Section 68 Addition Deleted as Lenders Confirm Loans in Remand Proceedings

February 17, 2026 363 Views 0 comment Print

ITAT Mumbai upheld deletion of ₹6 crore addition after lenders responded to notices under Section 133(6) and confirmed transactions. Verified evidence and absence of deficiencies proved loan genuineness.

ITAT Mumbai Deletes LTCG Addition as No Evidence Linked Assessee to Penny Stock Rigging

February 17, 2026 1167 Views 0 comment Print

The Tribunal held that long-term capital gains could not be treated as bogus where documentary evidence supported the transactions and no material connected the assessee to price manipulation. The Revenue’s appeal was dismissed.

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