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Archive: 02 January 2026

Posts in 02 January 2026

Order rejecting refund of excess CVD not sustained as amendment of bill of entry is allowed mode of modifying assessment

January 2, 2026 393 Views 0 comment Print

CESTAT Mumbai held that order rejecting refund of excess CVD [Countervailing duty] paid on import of mobile handsets not sustainable since amendment of bill of entry under section 149 of the Customs Act is allowed mode of modifying assessment.

State or Central Legislature doesn’t have power to levy tax on sale of goods beyond territorial waters of India

January 2, 2026 300 Views 0 comment Print

Andhra Pradesh held that neither the State Legislature nor the Central Legislature would have power, to levy tax on the sale of goods made beyond the territorial waters of India. Accordingly, writ petition disposed of setting aside the assessment orders and remanded the matter back.

Wrong Satisfaction Note Invalidates Section 153C Proceedings Entirely

January 2, 2026 279 Views 0 comment Print

The Tribunal held that an assessment under section 153C cannot go beyond the material specified in the satisfaction note. Since additions were based on different material, the entire assessment was quashed.

Once U/s 153C Is Quashed, ₹6.68 Cr Rectification Orders Collapse

January 2, 2026 198 Views 0 comment Print

The Tribunal held that after the High Court invalidated section 153C proceedings, all subsequent tax adjustments including those involving ₹6.68 crore are unsustainable. Judicial finality bars further action.

Section 115BAC Benefit Can’t Be Denied for Technical Delay

January 2, 2026 5898 Views 0 comment Print

The Tribunal observed that Form 10-IE was available on record before return processing and should have been considered. The assessment was remanded for fresh adjudication under section 115BAC.

IFSC AML Guidelines Overhauled With New KYC, STR and Exemption Rules

January 2, 2026 597 Views 0 comment Print

The regulator introduced wide-ranging amendments to AML and KYC norms, covering customer risk confidentiality, STR handling, and onboarding safeguards. The key takeaway is tighter compliance standards combined with clearer exemptions and operational clarity for IFSC entities.

Entire Sale Value Can’t Be Added as Unexplained Cash Under 69A

January 2, 2026 606 Views 0 comment Print

The Tribunal held that once sale receipts are accepted as consideration from immovable property, they cannot be taxed as unexplained money under section 69A. The assessment was remanded for fresh adjudication on merits.

Rejection of declared value merely based on presumptions and assumptions is not sustainable

January 2, 2026 780 Views 0 comment Print

CESTAT Delhi held that rejection of declared value and re-determination of the same merely on presumptions and assumptions without independent evidence is not sustainable in law and hence liable to be set aside. Accordingly, appeal allowed.

MEIS claim not to be defeated on account of inadvertent error in shipping bills

January 2, 2026 315 Views 0 comment Print

Karnataka High Court held that inadvertent error in shipping bills, which are permitted to be corrected under section 149 of the Customs Act, cannot be allowed to defeat substantive claim of exports under MEIS. Accordingly, writ disposed of with direction to re-consider the claim.

Resolution for dealing with situation of dissolution to be considered while granting final approval u/s. 80G

January 2, 2026 399 Views 0 comment Print

ITAT Indore held that trust has passed resolution dealing with dissolution and utilization of assets in event of dissolution. Accordingly, the said resolution must be accepted by CIT(E) for granting final approval under section 80G of the Income Tax Act. Thus, matter remanded to the file of CIT(E).

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