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Archive: 09 January 2026

Posts in 09 January 2026

Customs Classification Must Follow Tariff Description, Not End Use: SC

January 9, 2026 2244 Views 1 comment Print

Supreme Court ruled that goods must be classified based on their specific tariff description and GRIs, not merely on how importers use them. End use is relevant only where tariff heading or notes explicitly or inherently permit it.

Satsang Bhawan Construction Qualifies as Charitable Activity

January 9, 2026 252 Views 0 comment Print

It was ruled that denial of registration merely because activities are at an initial stage is unjustified. The takeaway is that limited funds and phased implementation do not negate charitable intent.

Appeal Dismissed for Lack of Jurisdiction Based on AO Location

January 9, 2026 798 Views 0 comment Print

The dispute involved whether the Varanasi Bench could adjudicate an appeal arising from a Kolkata-based assessment. The Tribunal held that filing before an incorrect Bench is fatal and parties must approach the jurisdictional Tribunal.

CIT(A) Directed to Decide Adjustment Under Section 143(1) on Merits

January 9, 2026 459 Views 0 comment Print

It was ruled that refusal to condone delay, when justified, defeats substantive justice. The takeaway is that procedural delay should not block adjudication of intimation adjustments.

Bogus Share Trading Loss Held Speculative, Set-off Denied

January 9, 2026 561 Views 0 comment Print

It was ruled that speculative losses from non-genuine share transactions cannot be adjusted against interest income. The decision reinforces strict application of sections 43(5) and 73 where delivery is doubtful.

Wrong Form 10BB Entry Leads to Denial of Section 11 Exemption

January 9, 2026 711 Views 0 comment Print

Exemption was curtailed because the auditor reported application from past accumulations. The Tribunal ruled CPC acted correctly but allowed reassessment based on corrected Form 10BB.

CIT(A) Must Decide All Grounds Before Confirming TDS Disallowance

January 9, 2026 339 Views 0 comment Print

The matter was sent back as the appellate authority did not examine the plea for allowance in the year of later TDS payment. The ruling stresses complete adjudication of all grounds raised.

Accrued MACT Interest Cannot Be Taxed When Award Is Under Appeal

January 9, 2026 567 Views 0 comment Print

Where compensation and interest are deposited under judicial custody due to a pending appeal, no real income accrues. The Tribunal ruled that taxing such MACT interest is impermissible until actual receipt.

Coal Transport Expense Disallowance Fails Without Contrary Evidence

January 9, 2026 261 Views 0 comment Print

It was held that transport charges cannot be disallowed when PAN-based TDS, ledger matching, and banking trails exist. The ruling confirms that non-response to notices alone is insufficient.

Assessment Reopened on Alleged Cash Deposits That Did Not Exist

January 9, 2026 429 Views 0 comment Print

The reopening relied on a bank account number that did not match the account from which transactions were considered. The Tribunal restored the case for fresh adjudication, emphasizing that reassessment must be based on accurate bank details.

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