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Judiciary

Demand of service tax under RCM merely based on balance sheet figures cannot be sustained

February 19, 2026 879 Views 0 comment Print

CESTAT Kolkata held that demand of service tax under Reverse Charge Mechanism [RCM] raised merely on the basis of figures appearing in Balance Sheet without classifying the category of service is not sustainable.

Refund rejection not sustained as service amounts to intermediary not proved by department

February 19, 2026 495 Views 0 comment Print

Telangana High Court held that rejection of refund application by refund sanctioning authority not sustained since authorities failed to demonstrate that services rendered by petitioner tantamount to intermediary services. Accordingly, writ petition is allowed.

Cash Deposits Cannot Be Treated as Unexplained Under Presumptive Tax Scheme: ITAT Kolkata

February 19, 2026 8478 Views 0 comment Print

The Tribunal held that once income is declared under the presumptive taxation scheme of Section 44AD, individual cash deposits cannot be separately added. The sustained addition was set aside and deleted.

GST Arrest Set Aside as Written Grounds Not Properly Annexed to Arrest Memo: Allahabad HC

February 19, 2026 660 Views 0 comment Print

The Court set aside the remand order after finding legal infirmities in compliance with arrest safeguards under the CGST Act. It held that failure to properly furnish written grounds of arrest rendered the remand unsustainable.

Fuel cost to be ascertained by detailed empirical analysis in absence of evidences

February 19, 2026 513 Views 0 comment Print

ITAT Indore held that in absence of evidence, expense on fuel cost occurred on deployment of JCB’s on rent needs to be ascertained by way of proper and detailed empirical analysis. Accordingly, matter remanded back to the file of AO.

ITAT Chandigarh Allows Sec 80P(2)(d) Deduction – 31 Oct Due Date Applies Due to Statutory Audit

February 19, 2026 564 Views 0 comment Print

The Tribunal held that where accounts are mandatorily auditable under another law, the extended deadline applies and deduction cannot be denied as time-barred.

Adhoc 30% Expense Disallowance Deleted – No Specific Defects or Verification by AO: ITAT Chandigarh

February 19, 2026 498 Views 0 comment Print

The Tribunal upheld deletion of a 30% ad hoc disallowance, holding that expenses cannot be rejected without identifying concrete defects or conducting proper verification.

Penalty u/s 271C for Non-Deduction of TDS on Foreign LTC Upheld: ITAT Chandigarh

February 19, 2026 822 Views 0 comment Print

ITAT ruled that exemption under Section 10(5) does not extend to foreign travel, following the binding Supreme Court decision. Consequently, non-deduction of TDS attracted penalty under Section 271C.

Mere Third-Party Excel Sheet Insufficient for Section 69 Addition: ITAT Chandigarh

February 19, 2026 5520 Views 0 comment Print

The alleged unexplained investment was based only on third-party statements and seized digital data. In absence of receipts, confirmations, or admission by the assessee, the addition of ₹50 lakh was deleted.

ITAT Guwahati Quashes Reassessment Notice, Treats Loose Sheets as Dumb Documents, Deletes Protective Sec 69C Addition

February 19, 2026 744 Views 0 comment Print

ITAT dismissed the Revenues appeal because it did not contest the CIT(A)s ruling that the reassessment notice was legally invalid. Without challenging the jurisdictional defect, the appeal became infructuous.

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