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    February 18, 2026   Case Laws Income Tax
    Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
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February 18, 2026   Case Laws Income Tax
Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars loss claim.
February 18, 2026   Case Laws Income Tax
Agency under tax law not established; no direct or indirect business connection with NRI partner, attribution rejected.
February 18, 2026   Case Laws Income Tax
Discretion to impose penalty for non-disclosure of foreign assets rests with the assessing officer; mandatory imposition rejected.
February 18, 2026   Case Laws Income Tax
Duty to decide appeals on merits: remand for de novo adjudication where appeal was dismissed in limine without merit.
February 18, 2026   Case Laws Customs
Confession of co-accused cannot constitute sole substantive proof; acquittal upheld where prior testimony was inadmissible.
February 18, 2026   Case Laws Customs
Transaction value as primary basis: rejection under CVR rules leads to sequential redetermination; provisional assessment precludes penal measures.
February 18, 2026   Case Laws Customs
Classification of threaded pipe fittings: apply GIR and HSN notes; material-specific HS headings determine tariff treatment.
February 18, 2026   Case Laws Companies Law
Issue estoppel precludes relitigation of identical issues in subsequent criminal complaints, leading to quashing of the later complaint.
February 18, 2026   Case Laws IBC
Insolvency law supremacy: municipal dues must be claimed in liquidation; sale purchasers not liable for pre sale statutory debts.
February 18, 2026   Case Laws IBC
Existence of debt and default governs Section 7 admission; threshold met and limitation extended by acknowledgement and COVID exclusion.
February 18, 2026   Case Laws FEMA
Admissibility of Customs Act statements in FEMA cases upheld where independent corroboration supports retracted confessions and enforcement findings.
February 18, 2026   Case Laws Law of Competition
Abuse of dominant position allegations against an exchange found not prima facie; regulator reliance on sectoral expertise upheld and no investigation directed.
February 18, 2026   Case Laws Money Laundering
Provisional Attachment: attachment may target possessors of proceeds even if not accused, and such orders survive pending challenges.
February 18, 2026   Case Laws Central Excise
Proof of Delivery requirement: absence of AD card or Speed Post tracking defeats service; cost deposit ordered to condone delay.
February 18, 2026   Case Laws GST
Exclusion of the first day in month computation preserves validity of show cause notices within the statutory three month requirement.
February 18, 2026   Case Laws Indian Laws
Vicarious liability in corporate prosecutions: directors cannot alone seek quashment of company-originated cheque dishonour proceedings.
February 17, 2026   Notifications FEMA
External Commercial Borrowing amended to tighten end use restrictions, maturity, security, reporting and conversion rules.
February 17, 2026   Notifications Customs
Tariff Value Fixation: substitution of tables fixing import valuation rates for edible oils, metals and areca nut effective immediately.
February 17, 2026   Circulars FEMA
External Commercial Borrowing rules consolidated: amended Regulations replace parts of Master Directions and bind Authorised Dealer Category I banks.
February 17, 2026   Circulars SEBI
Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and supervision.

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Income Tax

The central issue was whether a "virtual service permanent...

Virtual-service permanent establishment without physical personnel under Article 5(2)(k)/5(6) denied; NIL-withholding order set aside, remanded

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Income Tax January 15, 2026 Case Laws HC
The central issue was whether a "virtual service permanent establishment" exists under Article 5(2)(k)/5(6) of the DTAA where no personnel are physically present in India. Relying on treaty-construction principles and Clifford Chance, the court held the DTAA must be strictly construed; Article 5's phrase "within a Contracting State" carries territorial connotation and contemplates physical presence of employees/personnel. Consequently, a virtual service PE not expressly provided by the DTAA or domestic law cannot be recognised, the Revenue's finding was rejected, the impugned NIL-withholding certificate and order were set aside and the matter remanded to the AO for fresh decision within two weeks - HC
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