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Judiciary

ITAT Rajkot Remands Sec 50C Addition – Mandatory DVO Reference Required When Assessee Disputes Stamp Value

February 17, 2026 270 Views 0 comment Print

The Tribunal ruled that adopting stamp duty value without obtaining a DVO report violates Section 50C when the assessee disputes fair market value. The matter was restored for fresh adjudication after obtaining proper valuation.

ITAT Rajkot Deletes Search Additions Penalty – Agricultural Income Accepted, Diary Receivables Assessed on Peak Basis, Sec 271AAA Penalty Quashed

February 17, 2026 348 Views 0 comment Print

Penalty imposed under Section 271AAA was set aside, holding that only the Assessing Officer is empowered to levy such penalty. The Tribunal further ruled that once quantum addition is deleted, penalty cannot survive.

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

February 17, 2026 726 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 534 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 390 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 225 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 471 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 327 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 1140 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.

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

February 17, 2026 633 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.

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