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Judiciary

ITAT Dehradun Quashes Reassessment – Borrowed Satisfaction, Mechanical Approval & Third-Party Loose Papers Held Insufficient

February 18, 2026 405 Views 0 comment Print

It was ruled that approval under Section 151 granted mechanically, with contradictory stands taken by the authority, vitiates the reopening. The reassessment was set aside for lack of proper application of mind.

GST on Tobacco Leaves Fixed at 5% as Curing and Grading Do Not Change Character: AAR West Bengal

February 18, 2026 888 Views 0 comment Print

AAR held that sun-cured, graded, and butted tobacco leaves remain “tobacco leaves” under HSN 240110 and attract 5% GST. Minimal manual processes do not alter their essential character.

Penalty u/s 271(1)(c) Not Sustainable on Estimated GP Addition: ITAT Pune

February 18, 2026 1311 Views 0 comment Print

The Tribunal held that penalty under Section 271(1)(c) cannot be sustained when income is determined on an estimated basis. In absence of clear concealment, the Rs.5.41 lakh penalty was deleted.

80P Disallowance via 143(1) Invalid Before 1-4-2021 – Appeal Allowed

February 18, 2026 414 Views 0 comment Print

The Tribunal clarified that CPC could not make prima facie adjustments denying Section 80P deduction before the Finance Act, 2021 amendment. The disallowance made in 2019 was held invalid and deleted.

GST Applicable on Arbitration Awards Treated as Price Revision Under Section 142(2)(a): AAR West Bengal

February 18, 2026 1020 Views 0 comment Print

The AAR held that arbitration awards representing upward price revision under pre-GST contracts are taxable under GST. Compensation not linked to contractual price revision is not taxable.

Termination for Alleged Fake Certificates Quashed for Lack of Departmental Enquiry: Karnataka HC

February 18, 2026 1545 Views 0 comment Print

The High Court set aside the termination of an employee accused of submitting false educational documents, holding that no enquiry or hearing was conducted. The order was found to be stigmatic and punitive, violating principles of natural justice.

6th Year Utilisation of Sec 11 Accumulation Valid; CPC Adjustment Deleted: ITAT Pune

February 18, 2026 399 Views 0 comment Print

The Tribunal clarified that under the pre-amended law, accumulated income could be applied within five years or the immediately following year. Utilization within the sixth year barred taxation in AY 2023-24.

ITAT Pune: Bank FD Interest Taxable as Other Sources; 5% Expense Allowed

February 18, 2026 333 Views 0 comment Print

The ruling confirms that transactions with banks involve third parties, defeating the identity required for mutuality. While sustaining taxability, the Tribunal permitted a 5% estimated expense deduction to compute real income.

Under-Invoicing via Overseas Commission – Penalty Trimmed, Sec 7 Upheld

February 18, 2026 483 Views 0 comment Print

The Tribunal held that commission paid to overseas agents formed part of the true FOB export value and was not properly declared, violating Section 7 of FEMA. However, penalties were substantially reduced after considering the overall facts.

IBC Resolution Overrides FEMA Penalty; ₹8 Cr Fine on Orchid Pharma Quashed

February 18, 2026 393 Views 0 comment Print

It was ruled that claims arising before insolvency commencement cannot be enforced if not part of the approved Resolution Plan. The penalty imposed by the Enforcement Directorate was quashed.

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